DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi- 110016
Case No.111/2018
Mr. A. K. Mukherji & ANR.
R/o-I-1625, First Floor,
Chitranjan Park, New Delhi-110019 ….Complainant
Versus
Country Club Hospitality and Holidays Ltd.
C-103, 1st Floor, Ansal Plaza Mall,
Hudco Place, Khelgaon Marg,
New Delhi-110049 ….Opposite Party
Date of Institution : 10.04.2018
Date of Order : 22.12.2021
Coram:
Ms. Monika A Srivastava, President
Ms. Kiran Kaushal, Member
Sh. U.K. Tyagi, Member
ORDER
Member: Sh. U.K. Tyagi
The case of the Complainant is that on the promotional calls and random pamphlets/flyers of the advertisement of Country Club Hospitality and Holidays Limited & ANR (hereinafter referred as OP-1), Complainant No. 2 & 1 visited the office of OP-1 at Ansal Plaza Mall, New Delhi in order to get complete information about them. It is further added that Complainants were introduced to the representatives of OP-1 i.e. Mr. Manoj and Shoab. They offered membership fee for Rs.1,32,000/-. It was known to them that complainants are holding Credit Card of the Citi Bank (hereinafter referred as OP-2). It was assured by representatives of OP-1 that they shall arrange loan/EMI from OP-2 on the Credit Card through EMI Partners i.e. Pine Labs. The Complainants will have to pay membership fee in monthly installment of 18 EMIs of Rs.8,234.79/- each through credit card. It was told to them that
OP-1 has co-share agreements with other Hotels. During discussion, it was assured by the representatives of OP-1 that they shall arrange room which is available at a discounted rate in Hilton Hotel in New York. Immediately, the Complainant’s card issued by OP-2, was swiped and the receipt was handed over as payment which reflected the loan amount of Rs.1,32,000/- and EMI amount of Rs.8234.79/- towards membership fees. Another receipt of Rs.5,000/- was towards special category membership charges. Copy of the receipts may be seen as is exhibited as ‘CW-1/1’ (Colly).
During this visit, the pre-printed agreement was also got signed by Complainant. This incomplete document without having any signature of OP-1 was handed over to them. The same is exhibited as Ex. ‘CW-1/2’. Next day i.e. 12.04.2017, the Complainants sent requests for the bookings of room at Hotel at New York. It was realised by Complainants that the assurance of booking of Hotel at discounted rate was false and misleading. A copy of e-mail in this regard is exhibited at Ex. ‘CW-1/3’. On 19.04.2017, the Complainants sought withdrawal of membership from OP-1 club and requested for the refund of payment made as 1st EMI. The Complainant received Bank statement on 20.04.2017 reflecting two payment (i) Rs.1,32,000/- full membership fee and (ii) Rs.5,000/- additional fee contrary to the consented EMI amount of Rs.8,234.79/-. This is shown as Ex. ‘CW-1/5’.
After repeated follow-ups with official of OP-1, one official named Ruchika Sachdeva informed on 28.04.2017 stating that they have sent query to Pine Lab reg. EMI, shown as Ex. ‘CW-1/6’. The OP-2 Bank was also requested to stop the payment of further EMIs but OP-2 paid the entire amount of Rs.1,32,000/- contrary to the agreed terms and conditions.
Written Statement of OP-1 filed through Bharat Reddy, Legal Officer, duly authorized, is on record. The claim of the Complainants are rebutted and further stated that membership was opted by them at their own volition. He stated that the Complainant is aggrieved by the credit card transaction of OP-2. OP-1 has no say in this regard. The transaction slip of the amount of Rs.8,234/- spells out that the EMI was to be deducted. OP has stated that the party is bound by the Agreement. It was also advanced that the Complainants are educated persons and could not be lured. The Complainants purchased Blue Season Category Membership for Rs.1,32,000/-. The duly filled in application form vouches clearly so. OP-1 also referred the Clause 16 of the agreement where it is mentioned that booking of hotels etc. is the responsibilities of the OPs. It is also exhorted by OP-1 that non-use of service does not imply deficiency of service. Further, jurisdiction for the case falls in the court of Hyderabad as per Agreement. It is also mentioned that membership fees is non-refundable. No cause of action arose against them. The OP-1 has also cited judgment of Hon’ble National Consumer Dispute Redressal Commission in the matter of Country Club Ltd. v/s L. Mahadevan stating that agreements are binding on the parties. Further mentioned another judgment where the Hon’ble Supreme Court stated that “while dealing with consumer dispute that endeavour of courts must always be to interpret words of contract………...” Also referred the plethora of cases where binding force of Agreement is held.
This Commission noted with alacrity that the OP-1 has not extended cooperation so much so that its right of filing evidence was also closed vide its order dated 12.09.2012 despite many opportunities were provided to do so. It seems that OP-1 is convinced of the fact that case is not made in its favour and did not put up his presence in the later half of the proceedings and ultimately lost interest. Rejoinder, Evidence by way of affidavit and the written statement of complainant are on record. Written arguments and written statement of OP are also on record.
The Complainants have made out their case fool proof with the help of evidences exhibited here before this Commission. As contended by the complaints, when they showed reluctancy in parting with the amount of Rs.1,32,000/- as membership fees, they were lured for said membership through EMI which shall be arranged by the representative of OP-1. It was noticed that same loan was arranged then and there to be paid in 18 EMIs of Rs.8,234.79/- each through its loan partner i.e. Pine Lab. The complaints have evidenced the transaction slip as Ex.CW-1/1(Colly) which clearly indicates as under:-
Date : 11.04.2017
Tenure : 18 Months
Card Issuer : CITI Bank
Loan Amount : Rs.1,32,000/-
Applicable Rate : 15%(P.A.)
EMI Amount : Rs.8,234.79/-
The above mentioned slip at Ex. CW-1/1 bore the consent for EMI and signature of Sh. A.K. Mukherjee agreeing to pay, can be seen on the face of it. It clearly establishes that the membership fee was to be paid through EMIs. The photocopy of Agreement signed by complainants was also examined but it does not have signatures of OP-1. It is incomplete documents as shown
Ex. CW-1/2. Whereas, the OP-1 has placed reliance heavily on plethora of judgments but it being incomplete document, it is of no help to OP. It further established the fact of EMIs from the correspondence of representative of
OP-1 i.e. Ruchika Sachdev addressing to Mrs. Mira, one of complainants that “with reference ………….., please check the receipt where your payment was swiped in 18 months EMIs. We have already send e-mail to Pine Lab for EMI…………” The said email is exhibited at Ex. CW-1/6.
As per Bank statement, earlier, OP-2 Bank has given provisional credit as reflected in credit card statement and later on, credited on technical grounds despite clear cut instructions from complaints. OP-2 Bank unjustly enriched the OP-1. A copy of credit card statement may be seen at Ex.CW-1/9. Further, the OP-1 vide its reply (W.S.) accepts this fact that the membership fees was to be made through EMIs and further states as under “The Complainant has himself filed the transcription slip which specifically spells out that an amount of Rs.8,234/- was to be deducted as EMI”. The conduct of OP-1 and OP-2 clearly establish this fact that there was high degree of negligence and deficiency in service on their parts.
In view of above mentioned facts and circumstances of this case, this Commission is convinced that there is sufficient negligence and deficiency of service on the part of OP-1 and OP-2.
OP-1 is, therefore, directed to refund following amounts to the Complainants:-
- Rs.1,32,000/- as membership fee.
- Rs.5,000/- as special category charges
- Rs.8,180/- as 1st EMI as requested by complainants
OP is further directed to pay Rs.25,000/- as compensation towards mental agony, harassment and Rs.5,000/- as legal expenses.
Plus alongwith interest @6% p.a. from the date of institution of case in this forum within three months failing which rate of interest shall be levied @9% p.a. till its realization.
File be consigned to the record room after giving a copy of the order to the parties as per rules.
