Date of Filing: 24.06.2015
Date of Order:09.07.2019
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD
P r e s e n t
HON’BLE Sri P.VIJENDER, B.Sc. L.L.B. PRESIDENT.
HON’BLE Smt. D.NIRMALA, B.Com., L.L.B., MEMBER
ON THIS THE TUESDAY THE 9th DAY OF JULY, 2019
C.C.No.326 /2015
Between
Smt. Putlam Swathi,
W/o.Sri Putlam Amarnath,
Aged about 30 Years, # 21,
C/o. Major Rangarao M., Anitha Enclave,
Ammuguda, Near Maszid, Secunderabad,
Yderabad, Telangana – 500 094.TTT
Telangana – 500 094. Contact: 8106536925. ……Complainant
And
- The Manager,
Country Club Hospitality & Holidays Ltd.,
(Country Club India)
# 3-6-367/368/369, 3rd Floor,
Skill Spectrum Building, Liberty ‘X’ Roads,
Himayathnagar, Hyderabad – 500 029.
.
- Managing director,
Country Club Hospitality Holidays Ltd.,
( Country Club India), Amrutha Castle,
5-9-16,Saifabad, Opp; Secretariat,
Hyderabad – 500 063.
- The Managing director,
Country Club Hospitality & Holidays Limited,
(Country club India),
# 6-3-1219/A, 2nd Floor, Begumpet,
Hyderabad – 500 016. ….Opposite Parties
Counsel for the complainants : Mr.K N V Radha Krishna
Counsel for the Opposite Party : Sri V V G Krishna
O R D E R
(By Sri. P. Vijender, B.Sc., LL.B., President on behalf of the bench)
1) This complaint has been preferred under Section 12 of Consumer
Protection . Act, 1986 alleging non-refunding of membership fee collected from the complainant by the opposite parties amounts to unfair trade practice. Hence a direction to refund the same at the earliest and award compensation of Rs.1,00,000/- for causing mental agony to the complainant by not refunding the amount and award a sum of Rs.1000/- towards costs of this complaint.
The complaint averments in brief are that :
2) The complainant received a phone call from opposite partyNo.1 informing her about the membership and holiday packages being offered by the opposite parties. Having attracted by the same complainant booked membership on 2.10.2014 for a sum of Rs.1,80,000/-. At the time of booking membership she was promised that the membership amount of Rs.1,80,000/- will be converted into EMIs and believing the same she paid Rs.1,70,000/- by her credit card as she was given a discount of 10,000/- by the opposite parties . She was promised to give the land near by 10 K M distance and latter land offered was at a distance of 40 KM instead of 10KM as promised. Hence she asked the opposite parties to refund the membership fee. After going through the terms and conditions in the agreement provided by the opposite parties found unreasonable. Whenever she reminded for refund of the amount she was given false assurances. Finally she sent a letter on 3.5.2015 to the opposite parties representing her grievances but there was no response. The complainant realized that she was cheated by the opposite parties with false promises. In the meanwhile she received a call from opposite party No.1 asking to pay Rs.4,000/- as annual maintenance charges which was not informed to her earlier. Hence the present complaint for the above stated reliefs.
3) A common written version has been filed by the opposite parties denying material part of the allegations made in the complaint. The defense set out in the written version by opposite parties is that the opposite party is a leading hospitality club, offered club facilities with innovative family holiday packages and star studded entertainment events. It is in the field for the past 25 years with 53 own properties, 25 fitness centers and 42 associated resorts across 4 countries and is the largest chain of family clubs and is committed to provide facilities which ensures that families spend quality time with each other. It conducts events for families . It is also involved CSR activities like blood donation camps , supporting child rights , providing food and other requirements for the disadvantaged children during the festivals giving support for an orphanage .
Complainant became member of the club on 2.10,2014 and signed the agreement for the vacation membership for a period of three years. As per the terms and conditions of the agreement , complainant is entitled for accommodation once in a year for 2 nights and 3 days consecutively at its properties. Complainant is liable to pay annual maintenance charges and amount paid towards membership is non refundable. Having becoming member it is for the complainant to use facilities at the club. She was allotted a complimentary plot of 150sq.yds., at one of the venture known as Fairway at Warangal High way subject to payment of development and registration charges. But she did not pay. Hence registration of the plot could not be done in her favour. Complainant was not cheated and there was no deficiency of service or unfair trade practice on the part of the club. Membership agreement is a valid concluded contract between the parties. Hence the complainant cannot unilaterally seek cancellation of it. Complainant having understood and agreed for the terms and conditions in the membership agreement signed it and as per the said terms and conditions in the agreement the amount paid as membership fee cannot be refunded. Hence the present complaint is liable to be dismissed.
4) In the enquiry the complainant has got filed her evidence affidavit reiterating facts narrated in the complaint. To support the same she got exhibited 17 documents. Similarly for the opposite parties evidence affidavit of its Manager i.e Sri K. Bhanu Murthy is filed and the substance of the same is in line with the defense set out in the written version. No document is exhibited for the opposite party. Both sides have filed written arguments.
5) On a consideration of material on the record the following points have emerged for determination:
- Whether refusal to refund the amount paid by the complainant towards membership fee amounts to unfair trade practice on the part of the opposite parties?.
- Whether the complainant is entitled for the amount claimed in the complaint?
- To what relief?
6) Point No.1: Opposite party in the written version itself has admitted receiving of Rs.1,70,000/- from the complainant towards membership . Hence no further enquiry in relating to it is required. Only reason for the refusal to refund the amount paid by the complainant to the opposite parties is that as per the terms and conditions of membership agreement, amount collected towards membership is not refundable. Hence the request of the complainant for refund of the same was rejected. Admittedly the opposite parties offered some services and facilities to persons who became members. But even as on today the complainant has not availed any of the so called facilities provided by the opposite parties . The complainant has not availed any of the holiday packages offered by the opposite parties. The complainant has specifically pleaded that initially she was promised by the opposite party’s representative that the amount of Rs.1,70,000/- agreed to be paid towards membership will be converted into EMIs . Believing the same she became a member but same has not been materialized. These averments of the complainant are not specifically denied by the opposite parties. That apart the opposite parties also stated in the written version itself that the complainant was allotted a plot of 150Sq.yds. in one of its venture on Warangal highway subject to payment of registration and development charges . But the complainant did not come forward to pay the same. Hence they did not execute the registered sale deed. The opposite parties having said so being not placed the copy of lay out prepared by it and approval by the competent authority and letter of allotment to complainant for the alleged plot. The opposite parties have not addressed any letter to the complainant asking her to come forward for registration of the 150Sq.yds in her name subject to payment of development and registration charges. That the opposite party did not file any record relating to sanction of lay out and letter of allotment in her favour. How can opposite party except say that the complainant not ready to obtain registration of the plot. Hence it can be safely said that opposite parties have not made any attempt to prepare a to lay out for house plot to its members and it amounts to cheating apart from unfair trade practice.
Opposite parties having collected huge amount of Rs.1,70,000/- from the complainant and promised to provide holiday packages and facilities apart from house plot and have miserably failed to comply the same and it amounts to cheating and unfair trade practice. Accordingly the point is answered in favour of the complaint.
7) Point No.2: The opposite parties have collected the amount of Rs.1,70,000/- from the complainant on the false promise providing her house plot but failed to do it. Hence the complainant is entitled for the grant of compensation and costs of the complaint. Accordingly the point is answered
8) In the result, the complaint is allowed directing the opposite parties as under:
1. To refund of Rs.1,70,000/- with interest at 18% p.a. from the date of receiving the said amount from the complainant to the date of payment.
2. To pay a sum of Rs.50,000/- as compensation to the complainant for causing mental agony and hardship by not refunding the amount paid by her.
3. To pay a sum of Rs.5,000/- towards costs of this
For complaisance thirty days time is granted
Dictated to steno , transcribed and typed by her and pronounced by us on the 9th day of July, 2019.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESS EXAMINED
NIL
Exhibits filed on behalf of the Complainant:
Ex.A1 – Original confirmation letter from Opposite parties
Ex.A2 – Gmail from opposite party
Ex.A3 – Message from opposite parties regarding maintenance charges
Ex.A4 to A6 – Gmail correspondence
Ex.A7 – Letter from City Bank
Ex.A8 – Statement of account
Ex.A9 – SBI Card monthly statement
Ex.A10 – Letter of allotment
Ex.A11 – Vacation Up gradation agreement
Ex.A12. – Vacations Agreement
Ex.A13 – Test mail for plot allotment manual
Ex.A14 – SBI CC Statement
Ex.A15– Email correspondence
Ex.A16 – Another Email correspondence
Ex.A17 – Letter to the opposite party by the complainant dt.3.5.2015
Exhibits filed on behalf of the Opposite parties:
Nil
MEMBER PRESIDENT
