Chandigarh

DF-II

CC/107/2019

Harinder Pal Kaur - Complainant(s)

Versus

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

Virinder Madaan Adv. & Subhash Sehgal Adv.

09 Oct 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

1.    Harinder Pal Kaur, aged 55 years.

2.    Davinder Pal Singh, aged 59 years.

Both residents of House No.108, Phase-6, SAS Nagar, Mohali, Punjab, India -160055.

                           ...  Complainants.

Versus

1. Country Club Hospitality and Holidays Ltd., 6-13-1219/A, 4^th & 5^th Floor, Begumpet, Hydrabad-500046 through its Managing Director.

2. Country Club Hospitality and Holidays Ltd., SCO No.44-45, 2^nd Floor, Sector 9, Chandigarh through its Managing/Branch Head.

…. Opposite Parties.

BEFORE: SHRI RAJAN DEWAN, PRESIDENT

SMT.PRITI MALHOTRA, MEMBER

SHRI RAVINDER SINGH, MEMBER

Argued by:-

              Sh.Virinder Madaan, Adv. for the complainant

              Sh.Pardeep Sharma, Advocate for the OPs.

PER RAJAN DEWAN, PRESIDENT

1.        Briefly stated, the case of the complainants as alleged is that the OPs are running the business under the name and style of Country Club Hospitality and Holidays Ltd. and used to allure the general public to get the membership of their club and for this purpose, the OPs used to give advertisements through media as well as on various petrol pumps by sending their representative who used to fill forms from the general public in order to make them Members of the  OPs-Club. After filing up the forms, the OPs through their representatives used to make various calls to the persons and gave allurements to become members of the club.  It has further been averred that on receiving the phone calls from the OPs, the complainants visited the office of OP No.2 and paid a sum of Rs.20,000/- through debit card to get the membership of the OPs worth Rs.1.75 lacs. Subsequently a sale agreement was entered between the complainants and the OPs without mentioning the clause of refund of the amount.  It has further been averred that the OPs have neither granted any membership till date nor refunded the initial amount. 

              It has further been averred that vide e-mail dated 21.04.2017, they requested the OPs to cancel the membership and to refund Rs.20,000/-  but the OPs gave a cryptic reply that the membership is non-cancelable and fee is non-refundable.  It has further been averred that the OPs through e-mail have offered to transfer the membership to another person. According to the complainants, since the OPs have not issued any membership card, therefore, the question of transfer of the membership does not arise. 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 admitted that the complainants became the members of the OPs on 16.12.2017 vide sale agreement for consideration of Rs.1.75 lacs out of which a sum of Rs.20,000/- was deposited only and the remaining amount was not deposited so far.   As per the agreement, the complainants were entitled to holiday accommodation for 6 nights 7 days each at CCHHL’s properties for a period of 10 years as per Clause Nos.2 and 6. It has further been pleaded that since the complainants did not clear the dues of Rs.1.55 lacs within 45 days from 16.12.2017 i.e. by 30.01.2018 and as such the initial amount of Rs.20,000/- was forfeited as per Clause 12 of the agreement.  It has further been pleaded that the membership fee was not refundable and the complainants were offered to transfer the membership to another person if they wanted but they did not do so.  The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on their part, a prayer for dismissal of the complaint has been made.
3.        The complainants filed rejoinder to the written reply of the Opposite Parties controverting their stand and reiterating the averments as made in the complaint.
4.        We have heard the learned Counsel for the parties and have gone through the documents on record.
5.        It is an admitted fact that a sale agreement for membership (Annexure C-3) was executed between the complainants and the OPs for a sum of Rs.1,75,000/- on 16.12.2017 and the same was duly signed by the parties.  Out of the total amount, the complainants have deposited a sum of Rs.20,000/- only and the remaining amount was to be deposited by the complainants with the OPs as per the terms of the agreement.
6.        Clauses No.12 and 26 of the agreement are relevant and necessary for proper adjudication of the controversy in dispute and as such the same are reproduced as under:-

Clause 12:-

        This is a limited and exclusive offer. In case committed amount of fee is not remitted within 45 days from the date of initial payment, the money remitted till then would be forfeited by the CCHHL and club and vacations allotted, if any, would be cancelled without any prior notice (Not applicable in case EMI related membership transaction).       

Clause 26:-

        “There shall be a cool off period of 10 days from the date of signing of this agreement wherein member can discontinue the agreement by paying a nominal administration charges of Rs.3800/- to the company. After deduction of the aforesaid amount (Rs.3800/-) remaining amount shall be refunded to the member within 120 days from the date of invoking of the cool off period. For invoking the cool off period the members shall send a written communication to the Country club, Central Customer Care, 4^th Floor, Asian Building, Begumpet Hyderabad 500016 through registered post or an e-mail to . After expiry of the aforesaid period, the fee is non-refundable under any circumstances. 

7.        The perusal of the aforesaid Clause No.12 of the agreement clearly reveals that in case the committed amount of fee is not deposited within 45 days from the date of initial payment, the money remitted till then was to be forfeited by the OPs.  In the instant case, the complainants did not deposit the remaining amount of Rs.1,55,000/- within 45 days after the initial deposit of Rs.20,000/- with OPs as per the terms and conditions of the agreement and as such the initial amount  was rightly forfeited by the OPs.   
8.        The perusal of aforesaid Clause No.26 of the agreement further shows that there was a cool off period of 10 days from the date of signing of the agreement wherein the member could discontinue the agreement by paying a nominal administration charges of Rs.3800/- to the company and after deduction of Rs.3800/-, the remaining amount was to be refunded to the member within 120 days from the date of invoking of the cool off period.  In the instant, the complainants did not opt to discontinue the membership within the cool off period and rather they opted to discontinue the membership of the OPs vide e-mail dated 21.04.2017 i.e. after 3 ½ months of the execution of the agreement dated 16.12.2017 and as such the complainants are not entitled to seek refund of the deposited amount on this count als
9.        A perusal of the Agreement executed inter se the parties, we find that there is an express clause which states that the vacation charges is not refundable under any circumstances and the vacation fee is not a refundable deposit. Moreover, the terms and conditions enumerated therein are binding on the parties. Thus, we find that the whole gamut of facts and circumstances leans towards the side of the Opposite Parties. The case is lame of strength and therefore, liable to be dismissed.
10.        For the reasons recorded above, we do not find any shred of evidence to prove any deficiency in service or unfair trade practice on the part of OPs. Consequently, the complaint is dismissed, being devoid of any merit, leaving the parties to bear their own costs.    
11.        Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

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