Before the District Consumer Disputes Redressal Commission, Rohtak.
Complaint No. : 442.
Instituted on : 14.09.2018.
Decided on : 19.07.2021.
Mrs. Neetu Malik age 38 w/o Mr. Parveen Arya R/o H.No.497, 498 Sector-14, Rohtak-124001(Haryana).
………..Complainant.
Vs.
- Country Club(India) Country Club Hospitality & Holidays Ltd., #6-3-1219/A, 2nd Floor, Country Club Kool, Begumpet, Hyderabad -500016(Andhra Pradesh) . Ph. No.91-40-67484444, through its Manager.
- Country Club(India), Ansal Plaza Mall, 1st Floor, South Ext. Part-2, Hudco Place, Khelgaon Marg, New Delhi-110049, Ph. No.011-45536400, through its Manager.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH.NAGENDER SINGH KADIAN, PRESIDENT.
MS. TRIPTI PANNU, MEMBER.
Present: Sh.Digvijay Jakhar, Advocate for the complainant.
Ms. Sonika Jangra, Advocate for opposite parties.
ORDER
NAGENDER SINGH KADIAN, PRESIDENT:
1. Brief facts of the case are that complainant received a text message on 14.09.2017 that she has won 7 days/6 nights free holiday voucher from respondent no.1 and she has to collect it from the respondent no.2 and the respondents made several phone calls to the complainant and force her to visit with spouse. The complainant went to the respondent no.2 on 14.10.2017 and their officials namely Mr. Subham Yadav & Mr. Shoaib Khan forced the complainant to attend the promotional event as per company policy to get the said voucher.
After attending the alleged session, they insisted the complainant with fake commitments to take membership & assured the complainant to surrender the same at any stage if not satisfied, even after availing the services of the company and free gift as I-phone 6, if she takes membership now, whole paid amount will be refunded without any deduction. The respondent no.2 grabbed Rs.25000/- from the complainant which she paid through debit card vide receipt no.1017341656 on 14.10.2017 and they collected Rs.200000/- from the complainant’s residence on 15.10.2017 vide receipt no.1017341670 and they told the complainant that the terms and conditions of membership & offers will come by post from Head office in membership kit. But the complainant received only membership cards on 18.10.2017. Complainant asked the respondent no.2 to book a one week holiday in Kerela from 25.12.2017 but they told the complainant to change the dates or destination as their property in Kerela was already booked. The complainant felt that after paying a huge amount of Rs.225000/-, if she was not getting the desired destination on desired time then there was no point to carry on the membership further. The complainant has requested the respondent no.2 to cancel her membership due to their fake commitments and poor services whereas the respondent no.2 promised the complainant to provide premium services at the time of their promotional event/programme. Complainant requested the respondent no.2 to cancel her membership but despite her repeated requests and telephonic conversation with the respondent no.2 for more than 2 months, they stopped entertaining the complainant. The act of opposite parties is illegal and amounts to deficiency in service. Hence this complaint and it is prayed that opposite parties may kindly be directed to make the payment of Rs.225000/- alongwith interest, compensation and litigation expenses to the complainant as explained in relief clause.
2. After registration of complaint, notice was issued to the opposite parties. Opposite parties in their reply has submitted that complainant herself had contacted the opposite parties and enquired about different products and services available and the terms and conditions attached thereto. The complainant after clearly understanding the membership scheme and after going through the fine print of the agreement and its terms and conditions opted for a membership called “Club and vacation only Membership” where she was eligible for a 6 Nights ad 7 Days vacation within India for a period of 30 years from the date of the agreement alongwith the clubbing benefits as well and further paid a total membership fee of Rs.225000/-. Apart from the said holidays as per clause no.12 of the agreement, the complainant was further eligible for an additional holiday at Bangkok and Dubai for 3 Nights and 4 Days valid for a period of one year and the same is being included in the online membership account instantly by the opposite parties. Further as per clause no.13 of the agreement the complainant was eligible for online one way air tickets which was issued to the complainant via email dated 17th October 2017. The complainant’s allegation that the membership can be refunded even after availing services in a future date are false and denied. The clause no.34 of the agreement clearly states that the membership post 10 days of Cool off period under any circumstances is non refundable. The complainant has not disclosed the fact that since the Iphone model she was looking for, was not in stock and she opted and accepted that the amount of the cost of the Iphone may be adjusted in her AMC account. As per clause no.22 and 23 of the agreement, “Holiday booking is to be done online only or through the Country Club mobile app and the holidays are on first come first serve basis and that the holidays are subject to availability”. The complainant has not followed the procedure to avail the holidays of the opposite parties and her allegations that she was asked to prepone or postpone the plan is oral and bald in nature. The complainant was given a legal way out to exit from the membership within 10 days of the execution of the agreement. However she has not opted to do so for the reasons best known to her. All the other contents of the complaint were stated to be wrong and denied and opposite party prayed for dismissal of complaint with cost.
3. Ld. Counsel for the complainant in his evidence has tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C33 and has closed his evidence on dated 18.02.2019. On the other hand, ld. counsel for the OPs has tendered affidavit Ex.RW1/A & Ex.RW1/B, documents & CD Ex.R1 to Ex.R6 and has closed his evidence on dated 23.07.2019.
4. We have heard learned counsel for the parties and have gone through material aspects of the case very carefully.
5. In the present case, the grievance of the complainant is that opposite parties insisted the complainant with fake commitments to take membership of their company & assured the complainant to surrender the same at any stage if not satisfied, even after availing the services of the company. Accordingly the complainant has deposited an amount of Rs.25000/- through debit card vide receipt no.1017341656 on 14.10.2017 and the opposite parties collected Rs.200000/- from the complainant’s residence on 15.10.2017 vide receipt no.1017341670 and the complainant received the membership cards on 18.10.2017. The complainant’s husband called the respondent’s officials for I-Phone6 and terms and conditions of the policy alongwith other committed offers but the officials of the opposite parties asked him to wait for some time and the same were not supplied to the complainant despite her repeated requests. Complainant asked the respondent no.2 to book a one week holiday in Kerela from 25.12.2017 but they told the complainant to change the dates or destination as their property in Kerela was already booked. The complainant has requested the respondent no.2 to cancel her membership but despite her repeated requests and telephonic conversation with the respondent no.2 for more than 2 months, they did not pay any heed to her requests.
6. This is an admitted fact that the complainant has paid an amount of Rs.225000/- to the opposite parties and the respondent officials issued a membership/policy to the complainant on dated 18.10.2017. Thereafter, complainant approached the respondents for booking the holiday w.e.f. 25.12.2017 for Kerala but they got a reply that opposite parties are unable to book the said destination because the same is full and requested the complainant either to change the date of departure before 17.12.2017 or after 05.01.2018 or to change the destination. On that complainant refused to take the offer given by them and decided to cancel the policy and requested the opposite parties to cancel the policy and refund the deposited amount. As per email Ex.C2 dated 19.05.2018, complainant requested the opposite parties to cancel the policy and to refund the amount paid by her but as per the reply made by opposite parties on the same day, it is submitted that the alleged membership fee is non refundable as per company policy. It is further stated by the opposite parties in their written statement that the Clause no.34 of the agreement clearly states that the membership post 10 days of Cool off period in any circumstances is non refundable. But it is not proved on file that the alleged terms and conditions have been supplied to the complainant alongwith the membership card. The complainant in para no.4 of the complaint has submitted that he has received an envelope on 18.10.2017 containing a membership card only instead of whole kit alongwith all terms and conditions with other several offer & vouchers which the respondents told the complainant. In reply to the same, opposite party has submitted that the opposite parties have issued the welcome kit containing the cards, welcome letter but it is nowhere mentioned in this para that they have issued the welcome kit alongwith terms and conditions. Moreover, the complainant applied for first trip under the scheme but the same was denied by the opposite parties on the ground of non availability of desired destination. At the time of purchase of policy by the complainant, company itself promised and committed to provide the desired services but at the time of giving the benefits/services, they failed to keep their promise and asked the complainant the alleged services were not available. When the services as promised by the company was not available with them then what was the reason of keeping the alleged policy alive. Hence the complainant applied for refund of amount but the same is denied by the opposite parties, which amounts to deficiency in service. Hence the opposite parties are liable to refund the amount deposited by the complainant.
7. In view of the facts and circumstances of the case we hereby allow the complaint and direct the opposite parties to refund the amount of Rs.225000/-(Rupees two lac twenty five thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e.14.09.2018 till its realization and shall also pay a sum of Rs.10000/-(Rupees ten thousand only) as compensation on account of deficiency in service and Rs.5000/-(Rupees five thousand only) as litigation expenses to the complainant within one month from the date of decision.
8. Copy of this order be supplied to both the parties free of costs. File be consigned to the record room after due compliance.
Announced in open court:
19.07.2021.
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Nagender Singh Kadian, President
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Tripti Pannu, Member.
