Chandigarh

DF-II

CC/51/2021

Poonam Arora - Complainant(s)

Versus

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

Gaurav Bhardwaj Adv

07 Mar 2022

ORDER

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

 

Consumer Complaint  No	:	51 OF 2021
Date  of  Institution	:	25.01.2021
Date   of   Decision	:	07.03.2022

 

 

 

 

Poonam Arora w/o Sh.Bikramjit Arora, presently R/o House No.3854, Sector 32-D, Chandigarh.

             …..Complainant

Versus

1]  Country Club Hospitality and Holidays Limited (Earlier known as Country Club India Ltd.), S.C.O. 44-45, Sector 9-D, Chandigarh through its Managing Director/Authorised Signatory. 

2]  Vijay Choudhary, (Earlier DGM, Country Club India Ltd.), at present Director, Country Resorts Holidays India Private Limited, SCO No.318, 3^rd Floor, Block-B, VIP Road, Zirakpur, District Mohali, Punjab 140603 {Complaint qua OP No.2 stands dismissed being not pressed for by complainant as per order dated 23.7.2021}

3]  Country Club Hospitality and Holidays Limited (Earlier Known as Country Club India Ltd.), 6-3-2019, Bengumpet, Hyderabad 500016 through its Managing Directo/Authorised Signatory.

   ….. Opposite Parties 

 

BEFORE:  SH.B.M.SHARMA             PRESIDING  MEMBER 

                                SMT.PRITI MALHOTRA             MEMBER

                               

 

 

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

  Sh.Pardeep Sharma, Adv. for OPs.

 

 

PER B.M.SHARMA, MEMBER

 

         Briefly stated, the complainant being allured by the false offer & promises made by Officials of OPs, took the member of OP Company for 30 years Vacation (Blue) Programme which includes the holiday facility for 6 Nights 7 days, for Studio Room.  Accordingly, the complainant paid an amount of Rs.1,25,000/- to OP No.1 on 26.5.2014 against receipts and also signed blanks form (Ann.C-1 to C-4).  Thereafter, the complainant received copy of vacation purchase agreement dated 6.6.2014 (Ann.C-5) containing unconscionable and unreasonable clauses, but the original copy of Vacation Purchase Agreement was not supplied. 

         Thereafter the complainant requested the OPs for booking of destination of Manali from 30.12.2014 to 30.1.2015 but they responded with non-availability and asked to change the dates or destination.  It is averred that when the complainant agreed for adjustability of dates from 1.1.2015 to 4.1.2015, she was asked to deposit Rs.3000/- as utility charges in the account of company and when complainant raised her grievance about such charges, they did not give any satisfactory reply.  It is also averred that again in May, 2015, the complainant sought booking for Bangalore from OP Company, but she could not get the same for the relevant dates, as such she had to stay at Bangalore at her own expenses (Ann.C-9 & C-10).  It is further averred that again in Nov., 2016, the complainant sought booking for Bangalore telephonically from 18.11.2016 to 20.11.2016, but the OPs gave same reply of non-availability of accommodation of said dates. Pleaded that subsequently another sum of Rs.110001/- was paid on 14.8.2017 under proper receipt against Annual Maintenance Charges to OPs (Ann.C-11).  Then the complainant sought booking from OPs for Goa from 25.12.2020 to 30.12.2020, but the OPs instead of providing booking, raised demand of maintenance charges, without providing any services till date.  It is pleaded that since the day of getting membership in 2014, the complainant never got the booking of holidays at the desired destination from OPs, as such the complainant, having no option, requested the OPs to cancel her membership and refund of total paid amount of Rs.1,36,001/- with interest and also sent a legal notice to OPs in this regard (Ann.C-13 to C-15), but to no avail. Hence, this complaint.

 

2]       The OPs have filed reply and while admitting the factual matrix of the case, stated that the complainant after understanding all Membership Plans of OPs, opted for 30 years Blue Season Membership by paying an amount of  Rs.1,25,000/- on 26.5.2014 against receipt.  It is stated that the complainant has gone through the terms of the contract/agreement carefully and then affixed her signature thereon (Ann.C-5).  It is submitted that after the complainant received the copy of vacation purchase agreement dated 6.6.2014, no such grievance of unconscionable and unreasonable clauses or making her to sign the agreement under any allurement has been made for last more than 6 years which is now being alleged with an afterthought and malafide intention to wriggle out of the contract.  It is denied that the complainant ever approached OPs immediately after contract asking about the failure of mentioning the benefit and facilities in the agreement as promises at the time of selling the product.  It is mentioned that in Clause No.23 under the agreement the period from 24^th December to 3^rd January are blocked out dates.  It is submitted that OPs were not in a position to provide the desired destination Manali for the desired dates which were blocked out dates and accordingly the reservation department of OP rightly asked the complainant to change the date or destination. It is stated that OPs have rightly asked the complainant to deposit Rs.3000/- as utility charges in the account of OPs as the complainant sought reservation for the period from 1.1.2015 to 4.1.2015. It is denied that the complainant sought booking for Banglore from 18.11.2016 to 20.11.2016.  It is also submitted that the booking for Hotel Country Club De Goa from 25.12.2020 to 30.12.2020 was not possible for the reason that the dates were blocked out dates as per clause No.25 of the agreement.   It is denied that the OPs have not allowed complainant and her family to avail and enjoy the life time club.  It is pleaded that the complainant is not entitled to seek refund of the amount paid towards vacation agreement. Denying all other allegations and pleading no deficiency in service or unfair trade practice, the OPs have 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.

 

5]       The thorough perusal of record reveals that the peak season, which is end of the year and beginning of new year, remains busy and overbooked for which the defence of the OPs appears to be logical.  However, the request of the complainant for booking on the dates other then peak season were also not honoured by OPs as requested by the complainant.  It is proved that the Opposite Parties/Country Club have failed to honour the commitments/promises, which inspired, induced & enticed the complainant to pay hefty amount of Rs.1,25,000/- + Rs.11,001/- while opting for their membership (Ann.C-1 & C-11). Thus, the deficiency in service is made out against the OPs No.1 & 3.

6]       It is also opined that the complainant has invested hard-earned money to have some happy time/outing for their family. The act of the OPs for not arranging tour and demanding further amount, despite receipt of Rs.1,25,000/-and Rs.11,001/-, which further establishes deficiency in service on their part. 

 

7]       In the light of above observations, we are of the considered view that the Opposite Parties No.1 & 3 are found deficient in giving proper service to the complainant. Hence, the present complaint of the Complainants deserves to succeed against the Opposite Parties No.1 & 3 and the same is allowed qua them. The Opposite Parties No.1 & 3 are, jointly & severally, directed as under:-

a]  To refund an amount of  Rs.1,36,001/-  to  the Complainant along with interest @9% p.a. from the respective date 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 Parties No.1 & 3 within a period of 30 days from the date of receipt of its copy, failing which they 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

7^TH March, 2022                                                                                                                                                                      Sd/-

 (PRITI MALHOTRA)

PRESIDING MEMBER

 

 

Sd/-

(B.M.SHARMA)

MEMBER