DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, NORTH-WEST

GOVT. OF NCT OF DELHI

CSC-BLOCK-C, POCKET-C, SHALIMAR BAGH, DELHI-110088

CC No: 259/2018

D.No.____________________               Dated: __­­­­­­­­­­­­____________________

IN THE MATTER OF:

Smt. HEMA SAWAL,

W/o SH. RAJEEV SAWAL,

R/o B-4/41 C, ASHOK VIHAR,

PHASE-2, NEW DELHI-110052.        … COMPLAINANT

Versus

COUNTRY CLUB HOSPITABILITY

& HOLIDAYS LTD.,

THROUGH ITS CEO/MD,

COUNTRY CLUB KOOL, 6-3-1219/A,

4^th FLOOR, BEGUMPET, HYDRABAD-16.

REGIONAL OFFICE: No.25,

COMMUNITY CENTER, EAST OF KAILASH,

NEW DELHI-110065.

ALSO AT: SHOP No.310, 3^rd FLOOR,

CITY CENTER MALL,

SHALIMAR BAGH, DELHI-110088.  … OPPOSITE PARTY

CORAM:SH. M.K. GUPTA, PRESIDENT

              SH. BARIQ AHMED, MEMBER

     MS. USHA KHANNA, MEMBER   

                                                               Date of Institution: 03.04.2018

Date of decision:06.08.2019

SH. M.K. GUPTA, PRESIDENT

ORDER

1.       The complainant has filed the present complaint against OP under

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          Section 12 & 14 of the Consumer Protection Act, 1986 thereby alleging that the complainant received a phone call from OP regarding the product/service in which OP is dealing and the complainant showed interest after listening the promises and claims on telephonically discussion and the complainant was called with her husband at DT Mall at Shalimar Bagh, Delhi. The complainant further alleged that the agents namely Shweta and Shakti Singh (mobile no.8826233403) of OP entertained on 05.02.2017 in above mentioned Mall and they made a huge claims about the reputation of the company in the field of same business about high class of service after taking the membership and hence a rosy picture was drawn by the agents of OP and the complainant became ready to take membership from OP, thereafter, an approval form was filled in which the details of the family members were filled and the complainant and her husband signed the same on 05.02.2017 and paid advance Membership Fee of Rs.1,000/- to them and OP issued the receipt vide invoice no. DEL-277 dated 05.02.2017 and agreement no. 10942 and the agents gave to the complainantthe handwritten papers of the scheme/facility and the visiting card and the complainant due to rosy picture and allurement by agents of OP purchased the holiday package for 10

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          years “Blue” and made payment of Rs.1,20,000/- and the complainant was issued a membership no. CCDL61V10LB26475 for ten years vacations (Blue) and the letter confirming the payment to OP.  Thereafter, the complainant asked to provide the resort at Gurgaon in the month of June-July-2017 but OP refused saying that you are local and it is not possible for local customer and the complainant demanded 2 rooms for vacation in Manali in the month of August-2017 for her family but this time only one room was booked and refused to book 2^nd room while OP is fully aware about her family members. The complainant further alleged that OP further demanded Rs.3,000/- and threatened if the amount of Rs.3,000/- is not deposited, the booking will be automatically cancelled and the complainant tried her best to convince OP telephonically and via e-mail that there are 4 members and need 2 rooms but all in vain. The complainant further alleged that the complainant made the total payment of Rs.1,20,000/- to OP under the wrong, false, fabricated and misleading claims, promises and information of the product/service and the complainant wrote e-mails also but no fruitful result and OP is guilty for deficiency in service and unfair trade practice.

2.       On these allegations the complainant has filed the complaint praying for direction to OP to refund total amount of Rs.1,20,000/-

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          alongwith interest @ 18% p.a. from the date of deposit till the date of its realization as well as compensation of Rs.3,00,000/- for causing mental agony and harassment and has also sought Rs.20,000/- towards cost of litigation.

3.       Notice was issued to OP through speed post for appearanceon 04.06.2018 and Sh. V. Reddy, AR on behalf of OP appeared and filed authority letter and AR of OP sought time to file written statement and case was adjourned to 19.09.2018 for filing of written statement/reply.But none for OP appeared on 19.09.2018 and as such OP has been proceeded ex-parte vide order dated 19.09.2018.

4.       In order to prove her case, the complainant filed her affidavit in evidence and also filed written arguments. The complainant has also filed copy of hand written notes about the holiday package issued by agents of OP, copy of receipt vide invoice no. DEL-277 dated 05.02.2017 of Rs.1,000/- regarding payment of membership fee, copy of Approval Form dated 05.02.2017 issued by OP, copy of letter dated 03.02.2017 issued by OP thereby confirming the receiving of Rs.1,20,000/- from the complainant towards Membership Fee (Membership No.CCDL-61V10LB26475) for 10 years vacation (Blue), copy of voucher regarding Food Coupon Code containing the terms & conditions issued by OP, copies of various  e-mail communications between the parties.

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5.       This forum has considered the case of the complainant in the light of evidence and documents placed on record by the complainant.

6.       The case of the complainant has remained consistent and undoubted. There is nothing on record to disbelieve the case of the complainant. Moreover, even after receiving notice of the case from this Forum, OP has kept mum and has not bothered to answer the case of the complainant. It seems that OP has no defence in its favour. After receiving request for cancellation of the membership and refund of the amount OP ought to have refunded the said amount which OP has failed. Thus, there is a deficiency in service and unfair trade practice on the part of OP and OP is held guilty accordingly.

7.     Accordingly, OP is directed as under:

i)      To refund to the complainant an amount of Rs.1,20,000/- being the amount paid by the complainant.

ii)     To pay to the complainant an amount of Rs.10,000/- as compensation towards mental agony and harassment caused.

iii)    To pay to the complainant an amount of Rs.8,000/- towards litigation cost.

8.       The above amount shall be paid by OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 10% per annum from the date of receiving copy of this order till the date

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          of payment. If OP fails to comply the order within30 days from the date of receiving copy of this order, the complainants may approach this Forum u/s 25/27 of the Consumer Protection Act, 1986.

9.       Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.

Announced on this 6^th day of August, 2019.

BARIQ AHMED                           USHA KHANNA                      M.K. GUPTA

  (MEMBER)                                      (MEMBER)                      (PRESIDENT)

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UPLOADED BY:-SATYENDRA JEET