DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, BARNALA, CAMP COURT AT AMRITSAR, PUNJAB.

 

Complaint Case No : RBT/CC/2018/139

Date of Institution : 21.02.2018/29.11.2021

Date of Decision : 05.08.2022

Sunil Dhingra son of Sh. BD Dhingra C/o Sunil Dhingra and Associates, 10, MM Malviya Road, Opposite Company Bagh, Amritsar. …Complainant

Versus

1. Country Club Hospitality and Holidays Limited, Trillium Mall, 3rd Floor, Race Course Road, Amritsar through its Branch Manager/Overall Incharge.  

2. Country Club Hospitality and Holidays Limited, 5th Floor, Country Club Kool, # 6-3-1219, Begumpet, Hydrabad-500016, Andhra Pradesh through its Managing Director/Overall Incharge.  

…Opposite Parties

Complaint U/S 11 and 12 of The Consumer Protection Act 1986 as amended upto date.

Present: Sh. Sanjay Dhingra Adv counsel for complainant.

Sh. Ashok Kalia Adv counsel for the opposite parties.

Quorum.-

1. Sh. Ashish Kumar Grover : President

2. Smt. Urmila Kumari : Member

(ORDER BY ASHISH KUMAR GROVER PRESIDENT):

    The present complaint has been received by transfer from District Consumer Commission, Amritsar in compliance of the order dated 26.11.2021 of the Hon'ble State Consumer Disputes Redressal Commission, Punjab, Chandigarh. The complainant filed the present complaint under Section 11 and 12 of the Consumer Protection Act against Country Club Hospitality and Holidays Limited, Amritsar and another. (in short the opposite parties). 

2. The facts leading to the present complaint as stated by the complainant are that the complainant was approached by the officials of the opposite party No. 2 personally as well as telephonically to take the membership of the Country Club Hospitality and Holidays Limited, whereby the facility of free holidays, gym and club membership were promised to be provided to the complainant and his dependent family members. It is further alleged that they also promised that on the birthday of the complainant as well as his family members a cake and a bottle of wine shall be provided by the opposite parties.  

3. It is further alleged that the complainant visited the local office of opposite parties at Amritsar and became the member of the opposite parties in the last week of September 2015 by depositing a sum of Rs. 1,80,000/- from time to time through cheques. It was specifically declared by the opposite parties that they had a service club as well as Heritage club at Amritsar and complainant was entitled to visit this cluab whenever he desires without any payment and to avail the facilities available there. After becoming the member of the opposite parties the complainant tried to visit the service club as well as Heritage club but he was refused entry there being a non member and it was told by the Management of both the clubs that they had no affiliation with the opposite parties and member of the opposite parties were not entitled to visit and avail the facilities either of the clubs. 

4. It is further alleged that immediately after taking the membership the opposite parties started demanding annual maintenance charges although the complainant has not availed any of the facilities promised to him. The complainant sent an email showing his grievances to the opposite parties that his main purpose of taking their membership at the age of 56 years was for the purpose of entertainment and relaxation by enjoying the facilities available at affiliated clubs and gymming was not his primary motive more so when he was suffering from stroke and heart problem but no satisfactory reply was given by the opposite parties rather false promises of taking affiliations with the club at Amritsar were made. The complainant also visited the local office of the opposite parties but to no effect. It is further alleged by the complainant that finally in February 2017 the opposite parties declared that they have taken the affiliation of the Amritsar club at Amritsar and complainant was entitled to visit there and availed the facilities available there, so the complainant visited the Amritsar club on 3.3.2017 alongwith his staff members to celebrate his birthday but to his surprise he was not allowed entry there, rather the club staff behaved very rudely and humiliated the complainant in the presence of his staff members. On the next day the complainant visited the opposite party No. 1 and narrated the whole episode but they paid no heed to his grievances and refused to do anything. Even the promise of birthday cake and bottle of wine was not fulfilled on this occasion too. The act of the opposite parties amounts to deficiency in service and unfair trade practice. Hence, the present complaint is filed seeking the following reliefs.-

1) The opposite parties may be directed to refund the amount of Rs. 1,80,000/- alongwith interest.  

2) To pay Rs. 15,000/- on account of compensation for mental agony and harassment. 

3) To pay Rs. 5,000/- as litigation expenses.

4) Any other relief to which the complainant is found entitled. 

5. Upon notice of this complaint, the opposite parties filed written statement taking preliminary objections that the present complaint is hopelessly time barred. The agreement between the complainant and opposite parties entered in December 2013 by paying an initial amount of Rs. 50,000/-. No cause of action arose to the complainant for filing the present complaint. Complainant has not mentioned the date when he tried to visit service club as well as heritage club and was refused entry there. It is also without any proof that in February 2017 opposite parties declared their affiliation with Amritsar club and 3.3.2017 he visited there and was denied the entry. All such allegations without any supporting evidence does not give or extent time to the complainant to file the present complaint in the year 2018 for the agreement entered in December 2013. Further, the complainant has not cleared his Annual Maintenance Charges from the start till now as the same need to be cleared in order to avail the benefits of the membership as per Clause No. 5 of the Club Membership Agreement and Clause No. 13 of the Vacations Agreement. Further, present complaint is not maintainable for non joinder of necessary parties i.e. Heritage Club Amritsar and Amritsar Club. The material facts are that the complainant visited the office of the opposite parties and was given brief presentation explaining the details of various membership plans, benefits, price and terms and conditions thereof out of which complainant opted for blue season category membership as suit his requirement and pocked and executed the Purchase Agreement for Vacation and Club Membership by signing the same with his free consent after going through and understanding all the terms and conditions without any protest or suggestion for any change in the same. As per agreement it was agreed that club membership will be free of cost and vacation charges of Rs. 1,20,000/- is not a deposit but a one time non refundable fee which was charged for providing services of vacation for 6 nights 7 days each every year at the owned and associated properties of the opposite parties. Further, since disputed questions of facts are involved in the present complaint comprises of mere vague allegations of misrepresentation and allurement without any evidentiary proof can only be decided by the civil court by leading cogent evidence by examining the officials of the answering opposite parties. Complainant is barred by the principle of estoppal. It is clearly mentioned in the agreement that the vacation charges is non refundable under any circumstances and that the vacation fee is not a refundable deposit. It is nowhere mentioned in the agreement that opposite parties have tied up with the said clubs i.e. Heritage Club or Amritsar Club. It is also mentioned in the agreement that the Second Party understands that the benefits and terms of the membership as set out in the agreement are final and binding on the CCIL and Second Party, so complainant has bound by the terms of the contract. 

6. On merits, it is submitted that complainant himself visited the office of the opposite parties and after understanding each and every details of the agreement the complainant had enrolled for a club + 10 years membership under White Season Category where he was eligible to use the vacations of 6 nights/7 days per annum. The company after receiving the initial payment of Rs. 50,000/- on 13.12.2013 generated an instant online account and issued the user name and password as well so that the complainant can start availing the benefits of the membership once the full amount is paid by him. It was never promised for providing any cake or bottle of wine on the birthday of complainant and his family. The complainant signed the agreement after understanding all the terms and conditions and deposited a sum of Rs. 1,20,000/- with the opposite parties. As per agreement complainant and his family are entitled for clubbing and vacations for a span of 30 years wherein the complainant is eligible for 6 nights/7 days per annum. It was also cleared to the complainant that he is bound to pay annual maintenance charges which were applicable from the date of agreement itself and that the holidays cannot be avail till the dues including annual maintenance charges are cleared. The complaint is hopelessly time barred. Lastly, the opposite parties prayed for the dismissal of the present complaint with costs.

7. The complainant filed his documents with the complaint and opposite parties filed their documents with their written version. 

8. We have heard the learned counsel for the parties and gone through the record on the file. Written arguments also filed by the opposite parties. 

9. The complainant alleged in the complaint that the opposite parties approached the complainant to take the membership of the Country Club Hospitality and Holidays Limited, whereby the facility of free holidays, gym and club membership were promised to be provided to the complainant and his dependent family members. It is further alleged that they also promised the complainant that on the birthday of the complainant as well as his family members a cake and a bottle of wine shall be provided by the opposite parties. On the assurance of the opposite parties complainant became the member of the opposite parties in the last week of September 2015 by depositing a sum of Rs. 1,80,000/- from time to time through cheques. The complainant alleged that the opposite parties declared that they had a service club as well as Heritage club at Amritsar and complainant was entitled to visit this club whenever he desires without any payment and to avail the facilities available there. The complainant further alleged that the complainant tried to visit the service club as well as Heritage club but he was refused entry there being a non member and it was told by the Management of both the clubs that they had no affiliation with the opposite parties and members of the opposite parties were not entitled to visit and avail the facilities of clubs. The complainant also sent an email showing his grievances to the opposite parties that his main purpose of taking their membership at the age of 56 years was for the purpose of entertainment and relaxation by enjoying the facilities available at affiliated clubs and gymming. It is further alleged by the complainant that finally in February 2017 the opposite parties declared that they have taken the affiliation of the Amritsar club at Amritsar and complainant was entitled to visit there, so the complainant visited the Amritsar club on 3.3.2017 to celebrate his birthday but he was surprised that he was not allowed entry there and staff of the club misbehaved with the complainant. Even, the promise of birthday cake and bottle of wine was not fulfilled.  

10. On the other hand, the opposite parties appeared and filed written statement taking preliminary objections that the present complaint is time barred as the agreement between the complainant and opposite parties entered in December 2013 by paying an initial amount of Rs. 50,000/-. The opposite parties further denied the allegations of the complainant word to work  and no cause of action arose to the complainant for filing the present complaint. The opposite parties further alleged that the complainant has not cleared his Annual Maintenance Charges from the start till now as the same need to be cleared in order to avail the benefits of the membership as per Clause No. 5 of the Club Membership Agreement and Clause No. 13 of the Vacations Agreement. The opposite parties further taken the objection that the present complaint is not maintainable for non joinder of necessary parties i.e. Heritage Club Amritsar and Amritsar Club. The opposite parties further alleged that as per agreement it was agreed that club membership will be free of cost and vacation charges of Rs. 1,20,000/- is not a deposit but a one time non refundable fee which was charged for providing services of vacation for 6 nights 7 days each every year at the owned and associated properties of the opposite parties. The opposite parties further mentioned in the written statement that the complainant had enrolled for a club + 10 years membership under White Season Category where he was eligible to use the vacations of 6 nights/7 days per annum. It is further alleged by the opposite parties that the company after receiving the initial payment of Rs. 50,000/- on 13.12.2013 generated an instant online account and issued the user name and password as well so that the complainant can start availing the benefits of the membership once the full amount is paid by him. The complainant signed the agreement after understanding all the terms and conditions and deposited a sum of Rs. 1,20,000/- with the opposite parties. The opposite parties further alleged that as per agreement complainant and his family are entitled for clubbing and vacations for a span of 30 years wherein the complainant is eligible for 6 nights/7 days per annum. Lastly, the opposite parties prayed for the dismissal of the present complaint with costs.

11. On the perusal of the file and evidence produced by the opposite parties it established and admitted by the opposite parties that the complainant has purchased the membership of the opposite parties for 30 years and the opposite parties mentioned in the written version that the complainant and his dependent family members are entitled for clubbing and vacations for a span of 30 years. It is also established that the complainant has not taken single vacation from the opposite parties. The legal objection taken by the opposite parties regarding time barred is not adequate as membership purchased by the complainant was for 30 years and this fact is also admitted by the opposite parties.

12. The opposite parties mentioned in the written version that the complainant had deposited an amount of Rs. 1,20,000/- and also produced deposit receipts of Rs. 1,20,000/-. On the other hand the complainant has alleged that he has made the payment of Rs. 1,80,000/- through cheques but complainant has failed to produce any document vide which it established that the complainant had deposited Rs. 1,80,000/- with the opposite parties. The complainant has also failed to produce any statement of account to prove this fact. 

13. The complainant has produced the email dated 1.10.2015 vide which he shown his grievances to the company but opposite parties have not produced any evidence to prove that they had replied to the said email. From the said email it is proved on the file that despite the email sent by the complainant to the opposite parties the opposite parties have failed to satisfy the complainant. It is also established that the opposite parties even not bothered to reply the said email. The complainant specifically mentioned in the complaint that the opposite parties promised the complainant that the services of Heritage Club at Amritsar and Amritsar Club are to be provided to the complainant. This fact was neither denied by the opposite parties in their written version nor produced any evidence to prove that they have affiliated with the above said two clubs of Amritsar. Therefore, there is clear cut deficiency in service on the part of the opposite parties.

14. In view of the above discussion, present complaint is partly allowed and opposite parties are directed to refund the amount of Rs. 1,20,000/- to the complainant alongwith interest at the rate of 6% per annum from the date of filing of present complaint till actual realization. The opposite parties are also directed to pay Rs. 10,000/- to the complainant as compensation for mental tension and harassment and Rs. 5,500/- as costs and litigation expenses. Compliance of this order be made within the period of 45 days from the date of the receipt of the copy of this order. Both the parties jointly and severally liable to comply with this order. Copy of the order will be supplied to the parties by the District Consumer Commission, Amritsar as per rules. File be sent back to the District Consumer Disputes Redressal Commission, Amritsar. 

ANNOUNCED IN THE OPEN COMMISSION:

        5th Day of August 2022

 

 

            (Ashish Kumar Grover)

            President

              

(Urmila Kumari)

Member