Karnataka

Bangalore 4th Additional

CC/295/2018

Sri Shivashankar Reddy, - Complainant(s)

Versus

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

07 Mar 2020

ORDER

Complaint Filed on:23.02.2018

Disposed On:07.03.2020

                                                                              

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

 

 

07^thDAY OF MARCH 2020

 

PRESENT

SMT.PRATHIBHA. R.K., BAL, LLM - PRESIDENT

SRI.SURESH.D., B.Com., LL.B. MEMBER

SMT.N.R.ROOPA, B.A., LLB, MEMBER

 

 

COMPLAINT No.295/2018

 

 

COMPLAINANT

Sri.Shivashankar Reddy, S/o Ramalinga Reddy, Aged about 32 years, Residing at No.9/2/3, Thimmaraya Swamy Nilaya, Banahalli Main Road, Chandapura Post, Anekal Taluk, Bengaluru – 560099.   Advocate – Mr.S.Shehinsha Ali.       V/s

OPPOSITE PARTies

1) Country Club Hospitality & Holidays Limited., Formerly known as Country Club (India) Limited., Corporate Office: Represented by its Authorized Signatory, Country Club Kool, #6-3-1219, 4th Floor, Begumpet, Hyderabad – 16.   2) Country Club Hospitality & Holidays Limited., Formerly known as Country Club (India) Limited., Reg. Office Represented by its Authorized Signatory, Amrutha Castle, No.5-9-16, Saifabad, Secretariat, Hyderabad.   3) Country Club Hospitality & Holidays Limited., Formerly known as Country Club (India) Limited., Reg. Office Represented by its Authorized Signatory, No.55/1, Sarjapur Outer Ring Road, Varthur Hobli, Marathahalli, Devarabisanahalli, Sarjapur Road, Bangalore – 560 037.   4) Manoj Kumar V, Country Club Hospitality & Holidays Limited., #3802/B, 3rd Floor, MKB Towers, 7th Main, HAL 2nd Stage, Bangalore – 560038.   Advocate – Sri.V.Sreenidhi

ORDER

 

SMT.PRATHIBHA. R.K., PRESIDENT

 

The complainant has filed this complaintU/s.12 of the Consumer Protection Act, 1986against Opposite Parties (herein after referred as OPs) with a prayer to direct OPs to pay a sum of Rs.40,000/- being deducted from the Axis Bank Credit card, to pay a sum of Rs.1,939/- being interest paid on credit card for the month of December 2017, to pay a sum of Rs.500/- being expenses towards numerous phone calls to OP-4, to pay a sum of Rs.20,000/- for mental harassment and agony suffered by the complainant to pay a sum of Rs.10,000/- towards litigation expenses and cost and grant such other reliefs.

 

2. The brief allegations made in the complaint are as under:

 

 

Complainant submitted that OP-4 made a call to the complainant informing that he has got a free gift from the OP-1 and mail ID taken from the complainant and email was sent to complainant to receive the free gift.  Further OP-4 insisted the complainant to attend the event if he need not like it his money will be refunded.The complainant received a mail on 10.11.2017 to attend the event.  The complainant visited the OPs on 11.11.2017 along with his wife.  The complainant further submitted that the complainant was going to Dharmastala on the night along with his wife.  The same was informed to OP-4.  OP-4 told the complainant to pay only Rs.1,666/- as initial payment for registration and if they don’t like the amount will be refunded.  The complainant again confirmed to OP-4 as complainant was in a hurry to go Dharmastala and he thought anyhow refund is there if does not like the card and since Rs.1,666/- was less amount so he gave the Axis Bank Credit Card to the OP-4.  OP-4 swiped the card and asked the complainant to leave and said that card will be send to his address.

 

Complainant further submitted that he was shocked to see the credit card statement, Rs.40,000/- was debited from his Axis credit card by converting into 24 months EMI with interest at 15%.  Then the complainant immediately contacted OP-4.  OP-4 avoided the call of the complainant and even he has not pick the call.  The complainant submitted that he has received a membership letter with membership No.CCBG16CLUB5SB103530 from the OP and asked him to pay again Rs.35,000/- within 45 days.  Hence the complainant sent mail to OP-4 on 24.11.2017 detailing about the ordeal in the mail and requesting to return the amount and cancel the membership.  Then OPs have replied to the mail stating that his membership is non-refundable but the membership can be transferred.  Further OPs have sent a letter dated 27.01.2018 by calling upon the complainant to pay the outstanding amount of Rs.35,000/- immediately to enjoy uninterrupted services.  Hence the complainant filed this complaint for refund of the amount along with interest, compensation and litigation cost.

 

3. In response to the notice issued, OPs appeared through their advocate and filed their version contending in brief, as under:

 

OPs submitted that complainant having learnt about the facilities and benefits under the said scheme applied for membership and he had signed the application form and sale agreement.  The total membership fee is Rs.75,000/-.  The complainant had paid a part payment of Rs.40,000/- towards membership fees.  Thereafter OP issued the membership card bearing No.CCBG16CLUB5SB103530.  Further the OP has also issued a letter dated 17.11.2017 to the complainant with membership card.

 

OPs further submitted that as per clause 13 (Credit Card EMI) of the sale agreement and OP clearly stated that charges applicable on EMI are to be paid by the members directly to the Bank.  This fee will reflect on the Bank charge slip.  The member has to choose the EMI option while making the payment to CCHHL and CCHHL will not responsible for any dispute raised on a later stage once the charge slip is signed by the member.  Further the member has to be aware of his own finances and credit limits, CCHHL cannot be held responsible for the interest/fees/charges levied by the members Bank for exceeding his credit limit.  The complainant has availed of various hospitality services provided by the OP and has no grievance in this regard.  The complainant has become the member of OP club solely and enjoy the facilities provided in its clubs and resorts, which facilities he has to avail by visiting club and resorts, the membership fee is collected for providing the facilities which was made known in the membership application itself.  The complainant is not disputing the services provided by the OP but he claims only with regard to cancellation of his membership and refund of partly paid membership fee.  As such the complainant is not entitled to any relief under Consumer Protection Act, 1986.

 

OPs further submitted that as per the terms and conditions in sale agreed between the complainant and the OP, the complainant is clearly agreed that the charges is not refundable deposit and not an investment.  The fee is not refundable under any circumstances.  Hence on the above grounds OPs prayed for dismissal of the complaint.

 

4. In the course of enquiry into the complaint, the complainant and the OPs have filed their affidavit reproducing what they have stated in their respective complaint and objections.  Complainant has produced certain documents.Complainant and OPs have submitted written arguments.  We have heard the arguments of complainant and OPs and we have gone through the oral and documentary evidence of both parties scrupulously and posted the case for order.

 

5. Based on the above materials, the following points arise for our consideration;

 

 

1. Whether the complainant has proved that there is deficiency in service on the part of the OPs, if so, whether complainant is entitled for the relief sought for?

 

 

2.  What order?

 

6. Our findings on the above points are as under:

 

Point No.1:  Affirmative in part

Point No.2:  As per the order below

 

REASONS

 

 

7.Point No.1:-Complainant alleged that OPs have deducted an amount of Rs.40,000/- from the complainant credit card on 11.11.2017 without informing the complainant.  Hence complainant approached the OP on 13.11.2017 for cancellation of the membership and refund of the amount.  On the other hand OP submitted that complainant signed the application form and membership sale agreement and paid the amount of Rs.40,000/-.  Further the complainant very well aware about the charges applicable on EMI and the members paid directly EMI to the Bank.  The members has to choose the EMI option while making the payment and the OPs are not responsible for any interest levied by the Bank.  OP Further submitted that as per the terms and conditions of the membership agreement clause there is no provision for refund of the amount or cancellation of club membership.  To substantiate this contention OP has not produced membership sale agreement and the application form agreed by the complainant.

 

8. On the other hand complainant submitted that he has not signed the application form nor the membership sale agreement and he does not know about the terms and conditions of the membership sale agreement.  Therefore the terms and conditions of the membership sale agreement is not binding on the complainant.  Be that as it maythe said agreement there is no provision for cancellation of agreement.  Hence the said agreement is only one sided agreement and not binding on the complainant.  In this regard the judgment passed by Hon’ble Supreme Court of India, in CIVIL APPEAL NO.12238 OF 2018 in a case between Pioneer Urban Land & Infrastructure Ltd. v/sGovindan Raghavanis held as under: 

 

 

“7. In view of the above discussion, we have no hesitation in holding that the terms of the Apartment Buyer’s Agreement dated 08.05.2012 were wholly one-sided and unfair to the Respondent – Flat Purchaser. The Appellant – Builder could not seek to bind the Respondent with such one-sided contractual terms”.

 

 

 

 

9. Based on the above said judgment and facts and circumstances of the case we are of the considered view the conduct of OPs by not honouring the request of the complainant and not cancelled the agreement and not refunding the amount found to be deficiency in rendering the service and in indulging into unfair trade practice.  Even the complainant has not availed any services from the OP.  After two days of payment, the complainant sought for refund of the amount from the OP.    Hence we come to the conclusion that there is deficiency of service and unfair trade practice on the part of OPs by not responding the request of the complainant.  Hence it is just and proper to direct the OPs to refund amount ofRs.40,000/- along with litigation cost of Rs.10,000/- to the complainant.  Failing which OPs shall pay the said amount together with interest @ 9% p.a from the date of payment till the date of realization.  Accordingly, we answer the point No.1 affirmative in part.

10. Point No.2: In the result, for the foregoing reasons, we proceed to pass the following order:    

 

 

O R D E R

 

The complaint filed by the complainant U/s.12 of the Consumer Protection Act, 1986 is allowed in part.

 

OPs are directed to pay Rs.40,000/- to the complainant together with litigation cost of Rs.10,000/-.

 

This order is to be complied by the OPs within 30 days from the date of receipt of this order. 

 

Failing which OPs shall pay the said amount together with interest @ 9% p.a from the date of payment till the date of realization.

 

Supply free copy of this order to both the parties.

 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this07^thday of March 2020)

 

 

 

                                                                        

(ROOPA.N.R)    MEMBER

(SURESH.D)          MEMBER

(PRATHIBHA.R.K)    PRESIDENT

 

Witnesses examined on behalf of the complainant by way of affidavit:

 

Sri.Shivashankar Reddy.

 

 

 

 

 

Copies of documents produced on behalf of complainant:

 

Ex-A1	Copy ofmail received by the complainant.
Ex-A2	Copy of Axis Bank Credit statement.
Ex-A3	Copy of membership letter issued by OP.
Ex-A4	Copy of mail sent by complainant to OP dated 13.11.2017.
Ex-A5	Copy of mail of cancellation of membership sent to Mr.Manoj i.e., OP No.4 dated 24.11.2017.
Ex-A6	Copy of mail sent by OP dated 02.12.2017.
Ex-A7	Copy of mail sent by OP to complainant dated 27.01.2018 for outstanding dues.
Ex-A8	Copy of Axis Bank Credit card statement.
Ex-A9	Copy of Axis Bank credit card statement for EMI interest deduction.
Ex-A10	Copy of membership card of OP.
Ex-A11	Copy of Aadhaar card of complainant.
1)	Copies of authorities

 

 

Witnesses examined on behalf of the OPs by way of affidavit:

 

Sri.Vaseem Ullah Qureshi, who being Assistant Administrative Manager of OP Club.

 

Copies of documents produced on behalf of Opposite Parties - Nil

 

                                                                        

(ROOPA.N.R)    MEMBER

(SURESH.D)          MEMBER

(PRATHIBHA.R.K)    PRESIDENT