Chandigarh

DF-II

CC/842/2019

Prem Kumari - Complainant(s)

Versus

Country Club, Hospitality & Holidays Limited - Opp.Party(s)

Manoj Pundir Adv. & Joginder Pundir Adv.

19 Apr 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	842 of 2019
Date  of  Institution	:	29.08.2019
Date   of   Decision	:	19.04.2023

 

 

 

 

Prem Kumari w/o Sh.Kamal Dev Sharma, resident of # 24, Sun city, Rupnagar, Tehsil and District Rup Nagar, Punjab.

             …..Complainant

Versus

1]  Country Club, Hospitality & Holidays Limited, #6-3-1219, 4^th & 5^th Floors, Country Club Building Bengumpet, Hyderabad 500016

2]  Customers Care Manager, Country Club & Vacation, SCO 44 & 45, Madhya Marg, Sector 9-D, U.T. Chandigarh

   ….. Opposite Parties 

 

BEFORE:  MR.AMRINDER SINGH SIDHU       PRESIDENT

                MR.B.M.SHARMA                  MEMBER

 

 

Argued by :- Sh.Joginder Pundir, Counsel of complainant

             Sh.Pradeep Sharma, Counsel of OPs.

 

 

ORDER BY AMRINDER SINGH SIDHU, M.A.(Eng.),LLM,PRESIDENT

 

         The complainant filed present complaint pleading that as per persuasion and allurement of OP No.2, the complainant joined OP Club and paid an amount of Rs.50,000/- whereupon the OPs allotted complainant Customer No.CVCDF1V10LB248990, dated 15.2.2018 and two voucher for vacation.  It is submitted that the complainant along with her husband had to go to Rameshwar, so they called upon OPs in this regard, but they stated there is no property of Country Club at Rameshwar.  Thereafter, the complainant along with her husband planned to go to Kathmandu, Nepal & Shirdi and informed the OPs about their plan, but the OPs gave same reply of having no property at Kathamandu or Shirdi. As such, the complainant on being not getting any services from OPs despite making payment of Rs.50,000/- sent email to OPs on 29.10.2018 to cancel her membership and refund the amount paid, followed by reminders and legal notice, but to no avail. Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of OPs.

 

2]      The OPs have filed written version and while admitting the factual matrix of the case, stated that the complainant and her husband on their own willingly join the OPs and opted for their Membership, the consideration of which was fixed at Rs.1,69,000/- as onetime non-refundable vacation charges and the same was clearly mentioned in Sale Agreement (Ann.R-2).  It is stated that the complainant paid partial sum of Rs.50,000/- to OP and the balance was to be paid later.  It is also stated that in the Welcome letter issued to complainant it was mentioned that as per 10 years vacations (blue) Member, the complainant was required to pay Rs.10,500/- as mandatory annual administrative charges (AMC).  It is denied that the complainant asked for the vacations in Kathmandu and Shirdi, thus there is no question of replying to the complainant.  It is submitted that had complainant any intention to visit Rameshwaram or any other destination, she was required to book the vacation on the given website by using username and password and that too after clearance of balance amount of membership fee as well as annual maintenance charges.  It is also submitted that OP neither has owned or associated property at Rameshwaram and therefore, the complainant is otherwise not entitled to claim booking for the said destination.  It is further submitted that complainant is only claiming refund of partial money paid by her by making false allegations and as such the OP Company denied their request.

 

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 including written arguments.

 

5]      The perusal of the record reveals that the complainant raised her grievance with the OP Club by sending various emails and legal notice (Pg. 15 to 20) seeking cancellation of her membership and refund of the amount paid. However, the OPs did not refund the amount to the complainant. It is proved that the Opposite Parties have failed to provide committed services to the complainant, for which she opted the Membership of OPs and paid an amount of Rs.50,000/-.  As the OPs did not render any service to the complainant despite receipt of consideration nor refunded her the amount, such act of OPs clearly amounts to deficiency in service and unfair trade practice on their part, which certainly caused loss and harassment to the complainant.

 

6]      Taking into consideration the above discussion & findings, we are of the considered view that deficiency in service and unfair trade practice on the part of OPs is proved.  Therefore, the present complaint is allowed against Opposite Parties.  The OPs No.1 & 2 are directed to refund an amount of Rs.50,000/- to the complainant along with interest @9% per annum from the date of deposit/payment till its realization and also to pay Rs.10,000/- as compensation on account of causing mental and physical harassment to the Complainants and expenses for litigation cost.

        The above said order shall be complied with by the Opposite Parties within a period of 60 days from the date of receipt of its copy.

7]      The pending application(s) if any, stands disposed of accordingly.

        The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

19^th April, 2023             

                                                                                      Sd/-                                  (AMRINDER SINGH SIDHU)

PRESIDENT

 

 

Sd/-

(B.M.SHARMA)

MEMBER