Chandigarh

DF-II

CC/1118/2019

Savita - Complainant(s)

Versus

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

Adv. Gaurav Bhardwaj and Gaurav Bakshi

24 Aug 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

 

Consumer Complaint  No	:	1118 of 2019
Date  of  Institution	:	19.11.2019
Date   of   Decision	:	24.08.2022

 

 

 

 

Savita w/o Gobind Prasad, R/o # 300/10, Adarsh Nagar, Near Dussehra Ground, Naya Gaon, Mohali

             …..Complainant

Versus

Country Club Hospitality and Holidays Limited, S.C.O. 44-45, Sector 9-D, Chandigarh through its Managing Director

2^nd Address:- Country Club Hospitality and Holidays Limited, 6-3-2019, 4^th Floor, Bengumpet, Hyderabad 500016

   ….. Opposite Party 

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING  MEMBER 

                                SH.B.M.SHARMA                 MEMBER

                               

 

 

Argued by :- Sh.Gaurav Bhardwaj, Adv. for complainant

  Sh.Pardeep Sharma, Adv. for OPs.

 

 

PER PRITI MALHOTRA, PRESIDING MEMBER

 

         Briefly stated, the complainant being allured by the false offer & promises made by Officials of OPs, took the member of OP Company for 5 years Vacation, apart from vacations lifetime free membership, GYM, Banquet Hall etc. Accordingly, the complainant paid an amount of Rs.71,000/-  to OP on 3.7.2018 and also signed agreement dated 3.7.2018 (Ann.C-1).  Thereafter, the complainant was issued one Welcome letter and Two cards (Ann.C-2 to C-5).  It is stated that the complainant tried to book the holidays with OP but she failed to do so.  The complainant also tried to use the GYM facility but the said facility was of very poor quality, which has been reported by the complainant, but still the same was not improved by OP.  It is also stated that no facility was provided for indoor games, swimming, SPA etc.  It is submitted that the complainant was offered a membership of a fitness centre in Sector 9 but it was closed in July, 2019 and when the complainant requested for holiday booking, no booking was given to her (Ann.C-6 & C-7).  It is also submitted that the complainant requested the OPs by sending email on 1.10.2019 followed by reminder on 17.10.2019 to refund her amount as the OP had failed to provide any service to her.  The complainant received a message from OP demanding Rs.3200/- as documentary charges for cancellation of membership and informed that only Rs.63,900/- can be refunded alongwith Rs.3200/- i.e. Rs.67000/- (Ann.C-10 to C-12). It is stated that the complainant duly paid documentary charges of Rs.3200/- but still did not receive the refund of her amount (Ann.C-10 to C-12).  Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of OP.

 

2]       The OP has filed reply and while admitting the factual matrix of the case, stated that the complainant after understanding all the terms & conditions of the membership, opted for 5 years vacation “Blue Season” by paying an amount of Rs.71,000/- and entered into agreement dated 3.7.2018 by which she along her spouse and children below 12 years of age are entitled to holiday vacation for 6 nights 7 days each year for a period of 5 years at the affiliated properties of OP Company.  It is stated that no grievance of any kind has been made by complainant at the gym itself if she was aggrieved in any manner.  It is also stated that the complainant never tried to book the holiday with OP and the procedure to book holidays is Online as mentioned in the agreement.  It is further stated that the complainant is not entitled to any indoor games, swimming spa etc. which complainant is alleging that the same was not provided to her. Denying all other allegations and pleading no deficiency in service, the OP has prayed for dismissal of the complaint.

 

3]       The parties led evidence in support of their contentions.

 

4]       We have heard the ld.Counsel for the parties and have gone through the entire record including written arguments.

 

5]       The thorough perusal of record reveals that the complainant raised her grievance with the OP Club by sending various emails (Ann.C-6 to C-8) and then while seeking cancellation of her membership, paid an amount of Rs.3200/- more to OP as per its advice towards documentary charges for cancellation (Ann.C-10 & C-12). But despite all this, the OP did not refund the amount to the complainant. It is proved that the Opposite Party/Country Club has failed to honour the commitments/promises, which inspired & induced the complainant to pay hefty amount of Rs.71,000/- + Rs.3200/- while opting for their membership as well as documentary charges for cancellation (Ann.C-1 & C-11). Thus the acts & conduct of the OP for neither providing the due services nor refunding the amount despite getting charges, clearly establishes deficiency in service on the part of OP. 

 

6]       In the light of above observations, we are of the considered view that the Opposite Party is found deficient in its service. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Party and the same is allowed qua it. The Opposite Party is directed as under:-

a]  To refund an amount of  Rs.74,200/- (Rs.71,00/- + Rs.3200/-) to  the Complainant along with interest @9% p.a. from the respective dates of deposit till realization

b]   To pay Rs.15,000/- as compensation on account of deficiency in service and causing mental and physical harassment to the Complainants; 

c] To pay Rs.10,000/- as cost of litigation;

         The above said order shall be complied with by the Opposite Party within a period of 30 days from the date of receipt of its copy, failing which it shall be liable to pay additional compensatory cost of Rs.10,000/-, apart from the above relief.

        The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

24^th August, 2022                                                                                                                                                                    Sd/-

 (PRITI MALHOTRA)

PRESIDING MEMBER

 

 

Sd/-

(B.M.SHARMA)

MEMBER