Chandigarh

DF-II

CC/567/2018

Bakhshish Singh - Complainant(s)

Versus

Country Club Hospitality and Holiday Limited - Opp.Party(s)

In Person

11 Mar 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	567/2018
Date of Institution	:	09.10.2018
Date of Decision	:	11.03.2019

 

                                       

                                               

Bakshish Singh son of  Sh.Kashmir Singh r/o H.No.3320, Sector 15-D, UT, Chandigarh.

                                ...  Complainant.

Versus

1. Country Club Hospitality & Holiday Limited, Head Office: #6-3-1219, 2^nd Floor, Country Club, Kool, Country Club, India Ltd., Begumpet, Hyderbad-16 through its Chairman and Managing Director.
2. Sh.Rajeev Reddy, Chairman and Managing Director,   Country Club, Head Office: #6-3-1219, 2^nd Floor, Country Club, Kool, Country Club, India Ltd., Begumpet, Hyderabad-16
3. Srimoy Banerjee, Venue Manager, Country Club Hospitality & Holiday Limited,  SCO No.44-45, Second Floor, Sector 9-D, Chandigarh.

…. Opposite Parties.

 

BEFORE: SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

 

Argued by: Complainant in person

                  Sh.Pardeep Sharma, Advocate for the OPs.

 

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the case of the complainant is that being allured by the assurances of OP No.3-Venue Manager, he agreed to take the Lifetime Membership (10 years) of the OPs for a total sum of Rs.1,00,000/- by paying Rs.43,000/- through debit/credit card.  In addition to this, he also paid a cheque of Rs.57,000/- dated 02.09.2018 and OP No.3 told him that the entire details with regard to the scheme and the benefits being provided by the OPs was to be provided by the evening of 02.09.2018 but the same was not provided despite his repeated calls/requests and rather they handed over a copy of the sale agreement which was blank signed by him. On perusing the agreement, he was shocked to know that OP No.3 did not give the benefits as promised and rather the membership which was assured to be a lifetime was actually valid for five years.  Being aggrieved by the act and conduct of OPs, he demanded his money back from OP No.3. According to the complainant, it is the policy of the OPs that in case, any customer does not want to take the membership, the company shall refund the entire amount within cool off period of 10 days from the date of signing of the agreement. Since he had given the request within 10 days i.e. within cool off period and since his case was exceptional in that eventuality, the OPs were to refund the amount within 2 working days. It has further been averred that the OPs have failed to refund the amount despite his repeated requests and service of the legal notice dated 05.09.2018. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the Opposite Parties, the complainant has filed the instant complaint.
2.         In their written statement, the OPs have pleaded that the as per Clause 2 of the sale agreement, the complainant is entitled to  6 nights and 7 days holiday vacations within India (Annexure R-2).  It has been denied that the OPs took the signatures of the complainant on blank signed agreement without disclosing the contents of the same and he was told to sign the same.  It has further been pleaded that the complainant was requested to deposit the initial amount of Rs.43,000/- only and the balance payment was to be paid at a later stage.  It has further been pleaded that the complainant signed the agreement on 02.09.2018 when he made the partial payment of Rs.43,000/-and issued a cheque in the sum of Rs.57,000/-, the payment of which was stopped by the complainant.  It has been denied that the OPs did not respond to the calls made by the complainant.  It has further been pleaded that the charges were not refundable deposit and not an investment and the membership fee is not refundable under any circumstances. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
3.         The complainant filed rejoinder to the written reply of the Opposite Parties controverting their stand and reiterating his own.       
4.         We have heard the complainant, learned counsel for the OPs and have gone through the documents on record.
5.         Relevant extract of Clause 26 of the sale agreement entered between the complainant and the OP-Company, which is necessary to decide the controversy in hand, is reproduced as under:-

       “There shall be a cool off period of 10 days from the date of signing this agreement wherein member can discontinue the agreement by paying a nominal administration charges of Rs.3,800/- to the company. After deduction of the aforesaid amount (Rs.3800/-), remaining amount would be refunded to the member within 120 days from the date of invoking the cool off period……..”

6.         Admittedly, the sale agreement was entered between the parties on 02.09.2018.  The complainant has specifically averred in the complaint that he approached the OPs to refund the deposited amount within the cool off period of 10 days from the date of signing the agreement but they have failed to refund the same. The version of the complainant is further established from the copy of the legal dated notice dated 05.09.2018, sent through registered post on 07.09.2018 (Annexure C-3 (Colly.) through which the complainant discontinued the membership of the OPs and requested to refund Rs.43,000/- paid towards membership fee. 
7.         As per Clause 26 of the sale agreement, the OPs were supposed to refund the amount of Rs.43,000/- to the complainant after deduction of Rs.3,800/- towards administration charges within 120 days but they have failed to adhere to their own terms and conditions of the agreement. The OPs cannot be allowed to wriggle out from the terms and conditions of the sale agreement and as such they have committed deficiency in service as also indulged into unfair trade practice by not refunding the amount to the complainant within the stipulated period despite his repeated requests and service of the legal notice.  The OPs have showed their willingness to pay Rs.45,000/- to the complainant towards full and final settlement of the case at the time of arguments only.
8.         In view of the above discussion, the present complaint deserves to be allowed and the same is accordingly allowed. The opposite parties are directed as under ;-

1. To refund Rs.43,000/- to the complainant after deduction of Rs.3800/- as administration charges.
2. To pay Rs.5,000/- as compensation for mental agony and harassment caused to him.
3. To pay Rs.3,000/- as costs of litigation.

9.         This order be complied with by the opposite parties, within 45 days from the date of receipt of its certified copy, failing which the amount at Sr.Nos.(i) and (ii) above shall also carry interest @ 9% per annum from the date of this order till its actual payment besides compliance of other directions.
10.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

11/03/2019                                           

Sd/-

(RAJAN DEWAN)

PRESIDENT

Sd/-

(PRITI MALHOTRA)

MEMBER

Sd/-

(RAVINDER SINGH)

MEMBER