Chandigarh

DF-II

CC/144/2020

Mrs. Satinder Kler - Complainant(s)

Versus

Country Club Hospitality & Fitness center - Opp.Party(s)

In Person

27 Oct 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	144 of 2020
Date  of  Institution	:	26.02.2020
Date   of   Decision	:	27.10.2022

 

 

 

 

 

Mrs.Satinder Kler w/o Sh.Mohinder Pratap Singh, #487, Swastic Vihar, Zirakpur 140603

             …..Complainant

 

Versus

1]  Country Club Hospitality & Fitness Centre, S.C.O. 44-45, 2^nd Floor, above P.N.B.,  Sector 9-D, Madhya Marg, Chandigarh 160009

2]  Mr.Rajeev Reedy, Chairman cum Manaing Director, Country Club Hospitality & Holidays Ltd., # 6-3-1219/A, C.C.Kool, Begumpet Hyderabad 500016 Telangana. 

   ….. Opposite Parties 

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING MEMBER 

                    SH.B.M.SHARMA                 MEMBER

                               

Argued by  :   Sh.Savinder Singh Gill, Adv. for the complainant.

Sh.Pardeep Sharma, Adv. for OPs

 

PER B.M. SHARMA, MEMBER

 

 

        Concisely put, the case of the complainant is that she was fleeced by official of OP Company for buying a Holiday Membership on 22.4.2018 at Paras Down town Mall, Zirakpur and promised that the complainant will have hassle free holidays of 7 days & 6 night in a year for five years with a bonus of two weeks from OP Company, which can be availed any time in 5 years in parts through OP in India and Abroad.  It is stated that the OP Official also promised to provide booking of 2 days advance to our planned holidays by telephone or online booking system and also told that they have partnership with Dial & Exchange (DAE) and if accommodation is not available in Country Club, in other countries, then they will arrange accommodation through DAE by paying 20 to 40 US Dollar/day extra (Ann.-1). Accordingly, the complainant paid an amount of Rs.70,000/- through her debit card on 22.4.2018 and 3.5.2018 respectively and was issued Membership.  It is submitted that when the complainant requested the OP Company for booking, she was told to deposit Rs.10,500/- as AMC (Annual Maintenance Charges).  It is stated that later complainant was told that the OP Company is having a 3 type of membership cards and the Blue Card Membership of complainant is of least priority and the complainant can get accommodation if it was left vacant and this was not told earlier to her.  It is pleaded that on 22.5.2018 the complainant lodged complaint with OPs through Central Customer Care for cancellation of her membership and refund of amount but nothing was done.  It is also pleaded that the complainant also visited Police Station to lodge her complaint against OPs in this regard but to no avail. Hence, the present complaint has been filed alleging the above act & conducts of the OPs as deficiency in service and unfair trade practice on the part of OPs.  

 

2]       The OPs have filed reply and while admitting the factual matrix of the case, stated that the complainants availed the Membership of OP Company after understanding all the benefits, prices and terms & conditions thereof and as such executed Agreement dated 03.05.2018 (Ann.R-2). It is stated that per Clause 10 of the Vacation Agreement, the complainant is required to pay annual maintenance charges of Rs.10,500/- exclusive of taxes per  year.  It is also stated that Welcome Letter dated 28.4.2018 clearly states the membership brief details and other descriptions.  It is submitted that Dial an Exchange (DAE) card bearing No.P525508 was issued to complainant on 5.5.2018.  It is also submitted that vide email dated 22.5.2018 the complainant sought cancellation of membership by making lame excuses and false accusation against the sale staff of OPs. It is further submitted that vide email dated 1.6.2018 (Ann.C-5) the complainant was offered good discount on annual maintenance charges to which there was no reply from the complainant. It is denied that the complainant made any request for booking on phone. It is also submitted that per agreement the membership fee is non-refundable and the grievance of the complainant was not genuine.  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]       From the documents and evidence on record, it is proved that the complainant took Membership of OP Company by paying a good amount of Rs.70,000/- on 22.4.2018 & 3.5.2018 respectively (Ann.C-4). It is established that the Opposite Parties/Country Club have failed to honour the commitments/promises, which encouraged the complainant to opt their Membership. However, the complainant was asked to deposit annual maintenance charges just after one month of taking membership, which is not logical.  It is also proved that the complainant’s request for booking of hotel was not entertained by the OPs and instead told to upgrade the membership by paying more money, which is unjustified.  It is opined that the complainant has invested a good amount with OPs to have some happy time/outing for their family but the OPs did not render due services to the complainant by providing booking despite receipt of Rs.70,000/-. We are of the opinion that the complainant being dissatisfied with the attitude of the OPs and extremely disappointed to know that Blue Card Membership issued to her is of lower priority, rightly requested the OPs by sending detailed email on 22.5.2018 i.e. within one month of taking membership and making balance payment of Rs.25000/- on 3.5.2018, for cancellation of her membership and refund of amount, but no refund was made to her.  Therefore, the deficiency in service on the part of OPs is clearly made out which certainly caused harassment and loss to the complainant. 

6]       Taking into consideration the above observations & findings, we are of the considered view that the Opposite Parties have remained deficient in providing due services to the complainant. Hence, the present complaint of the Complainant deserves to succeed against the Opposite Parties No.1 & 2 and the same is allowed qua them. The Opposite Parties No.1 & 2 are, jointly & severally, directed as under:-

a]  To refund an amount of  Rs.70,000/- to  the Complainant along with interest @9% p.a. from the 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 & 2 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                                                       

27^th October, 2022                                                                                                                                                    Sd/-

(PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

(B.M.SHARMA)

MEMBER