Date of Filing:21.11.2019

Date of Disposal:30.03.2023

BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION BENGALURU

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

ORDER

SRI CHANDRASHEKAR.S.NOOLA,

MEMBER

1. The complainant has made this complaint under Sections 12 and 13 of the Consumer Protection Act of 1986. The complainant requests that this Commission order the opposite parties to refund the entire amount of Rs.1,30,000/- plus interest at the rate of 18% per annum from the date of payment to the date of refund, to order the opposite parties to pay an amount of Rs.2,00,000/- as damages and to order the opposite parties to pay an amount of Rs.25,000/- towards the cost of the legal notice and complaint.

2.   The following are the complaint's key facts: 

The complainant entered into an agreement with the opposing parties, who are in the hospitality and other comparable hospitality sector. On the occasion of their 25th anniversary in the hospitality industry, the opposite side organized an event on July 26, 2019, and the complainant was offered that if the complainant became a member on the same day, they would provide greater additional/exciting offers and benefits to the complainant. Furthermore, if the complainant wishes to cancel the membership within 10 days of signing the agreement, the opposite party will return the amount within 120 days of the invocation of the "cooling off period". Believing the opposite parties' assertions, the complainant transferred a sum of Rs.1,30,000/- to the opposite party'sbank account via online payment in two transactions of Rs.78,200/- and Rs.52,000/-.

3. The complainant states that after discussing the afore mentioned transactions and membership with his parents, on their advice that the opposite parties did not have good reviews, he decided to cancel the membership and sent an email on the same day, July 26, 2019, requesting that the opposite parties to refund the full amount to the complainant's bank account. The complainant contends that the request for a refund of the amount was made prior to the receipt of the payment made by the opposing parties, and that because the request for cancellation of membership was made prior to the enforcement of an agreement, a copy of the agreement was not handed over to the complainant, and thus the complainant is entitled to a refund of the entire amount.

4. After service of notice, OP-1 &2  appeared through their counsel and filed detailed version.

The opposite party is a hospitality company that has created various clubs and resorts around the country and abroad and provides excellent services to its members.

5. Denying the complainant's allegations, the opposite side state that the complainant informed to the  opposed parties that they had thoroughly read and understood all the terms and conditions of the purchase agreement and were interested in becoming a member of the club and had made a payment of Rs. 1,30,000/-. The OPs contend that the complainant has acknowledged the terms and conditions mentioned in the purchase of holidays or vacations offered by the opposite party for a period of ten years, and that the opposite party is always ready and willing to provide the complainant with the holiday vacation on and as-needed basis, subject to a 30 day advance booking. According to the conditions of the agreement, you are entitled to 6 nights and 7 days of vacation time per year and lifetime club membership. The OP alleges that the complainant has not scheduled the holiday vacation in order to facilitate the complainant, despite the fact that the complainant has constructed the tale and made all sorts of baseless allegations based on imagination and supposition. The opposite parties argue that to maintain and offer amenities, accommodation, and other services to the members as per this agreement, yearly charges of Rs.10,500/- excluding taxes are applicable and must be paid in advance every year, regardless of usage. This amount is due from the date of this agreement and must be paid before the first holiday or within the first three months of membership. There is one-time special undertaking that can be given saying that after using the first holiday, the second party will pay the AMC regularly. If the member is interested in including the parents of the member, additional Rs.2,000/-  will be annual charges and these charges will increase by 15% every three years on the last payment. The agreement makes no provision for cancelling the club membership; nonetheless, the complainant is free to sell, transfer, or grant the club membership to any third person. Because of all of these facts, the opposite parties claim that there is no lack of service at their end.

6. The partner of complainant filed his Chief-examination affidavit.

7.  The points that arise for our consideration are;

1. Whether the Complainant prove that there is deficiency of service on the part of the OPs as alleged in the complaint and thereby prove that he is entitle for the relief sought?
2. What order?

8. The findings on the above points are as under:

Point No.1               :       Affirmative

Point No.2               :       As per final order

REASONS

9. POINT NO.1:-  The parties involved in the case are the complainant  Vinay mann  and  the opposite party Country club Hospitality and Holidays Ltd. The primary question in this case is whether the complainant is entitled to a refund of the membership fee paid to the opposition party. The court finds out, based on the evidence presented, that the complainant paid for the membership but cancelled it on the same day and sought a refund. In this regard, the complainant has provided document no. 3: an email sent by him on July 26, 2019 at 10:21 p.m., the same day the complainant made the payment.

10. The opposite party states that necessary documentation of work needed for admitting the complainant as a member of Country Club hospitality and holidays Limited was completed at the request of the complainant. The accuser went to the opposing party's office and stated that he had read and understood all of the terms and conditions of the purchase agreement and that he would like to become a member. The opposite party states that he had already transmitted the amount credited by the complainant to the head office in Hyderabad, which had invested in the development of several resorts in India and overseas.

11.   The court observes that because the complainant's membership was cancelled on the same day, the opposite party did not provide any services to the complainant.

12. However, the opposite party acknowledges in their Memo presented to this commission on March 23, 2023 that the complainant has paid an amount of Rs.1,30,000/- and that they are willing to refund the entire amount in a month to settle the case without prejudice. Based on this memo, the commission adjudicates the matter and issues the following order..  Accordingly, the Point No.1 we answer in affirmative.

13. POINT NO.2:- In the result, we passed the following:

                                        ORDER

1. The complaint is allowed.
2.  OP is directed to refund a sum of Rs.1,30,000/-  along with interest of 6% from the date of cancellation to till the date of payment by the opposite party.
3. Rs.10,000/- as compensation and litigation cost to the complainant.
4. The OP is directed to comply with this order within 45 days from the date of this order, failing which the complainant is at liberty to file criminal case against the OP for the offence punishable under section 72 of C.P.Act, 2019.

5. Furnish free copy of this order to both the parties. 

 (Dictated to the Stenographer, got it transcribed, typed by him and corrected by me, then pronounced in the Open Commission on 30^th March 2023)

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)             (CHANDRASHEKAR S.NOOLA)       

         MEMBER                                        MEMBER

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

Sri Vinay Mann-who being the complainant

Documents produced by the complainant:

Witness examined on behalf of the OP by way of affidavit: Nil

Documents produced by the OPs: Nil
 

(RAMACHANDRA M.S.)

PRESIDENT

(NANDINI H KUMBHAR)          (CHANDRASHEKAR S.NOOLA)

         MEMBER                                     MEMBER

SKA*