BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 21^st DAY OF SEPTEMBER 2021

Complainant/s: -                           

Sudhir.B.A., S/o Anantharam Shastry, aged about 45 years, Residing at No.36, 6^th Main, 9^th B Cross, Sri Hari Layout, Jnanajyothi Nagar, Mallathalli, Near Muneshwara Temple, Bengaluru-560056.

 By Adv.Anil Shekar.K.S

V/s

Opposite party/s:-    

1. Managing Director, Country Club Hospitality and Holidays Ltd., (CCHHL), Amrutha Castle, 5-9-16, Saifabad, Opp. Secretariat, Hyderabad-500063.

And also Corporate office at

Country Club, Kool Building, 6-3-1219, Begumpet, Hyderabad-500016, Andhra Pradesh, India.

2. Mallesh.M., Deputy Manager (Sales and Marketing), Country Club Hospitality and Holidays Ltd., 3^rd Floor, MKB Towers, HAL 2^nd Stage, Bengaluru-560038.

By Adv.Sri.D.Narasegowda

ORDER

SRI. S.L PATIL, PRESIDENT

The Complainant has filed this complaint U/s.12 of Consumer Protection Act 1986, seeking direction against the Opposite Parties (herein after called as OPs) to either pay Rs.65,000/- together with interest at 12% p.a. from the date of receipt of the said amount till realization of amount, to pay Rs.10,000/- as litigation expenses and to grant such other reliefs.       

2. The brief facts of the complaint are as under:

The Complainant submits that the company of OP is the company called Country Club Hospitality and Holidays Pvt. Ltd., and incorporated under Companies Act 1956 and it is into providing holiday packages to its members who are entitled under the various schemes.  Further complainant submits that he was approached by OP No.2 who is a Deputy Manager and also a Sales Marketing and explained about the scheme and also detailed about the Millionaire club premium package and convinced him regarding the membership for which he also agreed to become the member of Country Club family with Millionaire club premium package with existing premium club + 5 years card 6N7D Blue U12 and was entitled membership in the country club, Bengaluru vide membership No.CCBG16MPCLUB 5LB106192 and made payment of Rs.65,000/- through online vide receipt No.9200536327 dated 12.10.2019 and also OP No.2 has acknowledge the same by confirming the receipt of Rs.65,000/- by entered into sale agreement dated 12.10.2019.

Further complainant submits that after entering into agreement by paying Rs.65,000/- towards membership of Millionaire club premium package, The OPs’ sales persons called him and asked him to pay annual administrative charges of Rs.13,000/-.  Hence, the complainant was unhappy and tried to contact the OPs to cancel the membership. Further complainant submits that he made correspondence with OPs customer care on 14.10.2019 and sent E-mail expressing his willingness to cancel his membership. Further complainant submits that as per the agreement Clause 27 stated that “there shall be cooling period of 10 days from the date of signing the agreement where in which the members can discontinue the agreement by paying a nominal administration charges of Rs.3,800/- is the company after deduction of the aforesaid amount is Rs.3,800/- remaining amount would be refunded to the member”. As per this clause, the complainant was signed the agreement on 12.10.2019 and sent a request through mail for cancellation on 14.10.2019 and made many follow up through E-mails and final remainder was sent on 07.11.2019. Further complainant submits that OPs have not refund the membership amount, it amounts to deficiency of service.  Hence, filed this complaint.

The cause of action arose on 12.10.2019 and 14.10.2019 when OPs received the amount and subsequent dates complainant has cancel the membership.

3. OPs did appear and filed version denying the allegations made against it. OPs in its version submit that the complaint filed by complainant is not maintainable either in law of facts, there is no cause of action, complaint is vague, bald and devoid of merits, hence, liable to be dismissed on this grounds.  Further OPs submit that entire averments made by complainant are categorically and specifically denied as false and incorrect, except which are admitted by the OPs.  It is further submits that OP is a company incorporated under the Companies Act, 1956 and is carrying on the hospitality business and has association with established several clubs and resorts across the country and abroad and is providing good service to its members.  Further submits that OP company, Country Club India Ltd., has been changed w.e.f. 27.11.2014 from Country Club Ltd., to Country Club Hospitality and Holidays Ltd.,. 

Further complainant submits that complainant requested OP No.2 to do all the necessary documentation work required for admitting them as the members of the Country Club Hospitality and Holidays Limited.  Upon the said request, the Op No.2 explained to the complainant regarding the different holiday packages offered by OP No.2 and further gave the copy of purchase agreement for Country Club Hospitality and Holidays Limited (hereinafter referred to as the purchase agreement).  The next day i.e. 12.10.2019, the complainant came back to the office of OP No.2 and told that they have thoroughly read and understood all the terms and conditions of the purchase agreement and were interested to become the member of Country Club Hospitality and Holidays Limited through OP No.2 for which OPs have received Rs.65,000/- towards the holiday vacations. Further OPs submits that upon receipt of the said amount, has issued the permanent laminated club membership card to the complainant and the same was duly acknowledged by the complainant.  That apart the complainant was provided to access the website through online by giving ID and password and also complimentary Spa coupons and one day privilege pass holiday gift voucher was given to complainant. 

Further OPs submit that OPs are always ready and willing to provide the holiday vacation as and when requirements subject to booking of 30 days in advance.  The complainant neither requested nor booked the holiday vacations. The complaint filed by complainant is imaginary and hypothesis has created the story and has made all sorts of baseless allegation.  

Further OPs submit that the main benefits for club membership and a holiday/vacation package.  In terms offer, is entitle for 2 nights and 3 days stay at CCIL property for 5 years accommodation only within India, from date of enrollment of the membership and member is required to pay annual maintenance charges of Rs.10,500/- plus applicable taxes for the membership irrespective of usage, subject to the terms and conditions mentioned in the purchase agreement dated 12.10.2019 and rest of the averments are totally denied as false. The OPs always ready to provide the package to the complainant but there should be 30 days in advance booking to be made to make necessary arrangements.  Further the club membership is for life time and it is transferable to their family members. 

Further OPs submit that it is crystal clear from the complaint averments that there is no deficiency of service on their part.  In terms of the agreement conditions clause, the membership fees is not a refundable deposit and not an investment, under any circumstances, no provision for cancellation of the club membership. Further OPs submit that complainant has contended that the OPs company applied cool off period within 10 days, I was got replay from that mail you have to wait for 120 days to collect your money all are false and frivolous.  The OPs not received the alleged E-mail sent by the complainant and the said communications are created for the purpose of filing this complaint.  It is further submits that complainant is not entitled for refund of amount and interest and there is no cause of action, and OP has not rendered any deficiency in service.  Hence on these grounds and other grounds OPs pray for dismissal of the complaint with exemplary cost.

4. To substantiate the case, Complainant has filed his affidavit evidence and produced the documents which are marked as Ex.A.1 to Ex.A.4. OPs have also filed affidavit evidence and produced the documents which are marked as Ex.B.1 to Ex.B.4.  Heard the counsels for both sides.

5. The points that arise for our consideration are:

1. Whether the Complainant proves the deficiency of service on the part of OPs, if so, entitled for the relief sought for?
2. What order?

        6. Our answers to the above points are as under:

Point No.1:- Partly in the affirmative

Point No.2:- As per final order

REASONS

7. Point No.1: We have briefly stated the contents of the complaint as well as the version filed by OPs.  It is not in dispute that OP by way of filing version admitted in respect of payment of an amount of Rs.65,000/- paid by the complainant.  On going through the entire version which is in the form of denial in nature in respect of the reliefs that is sought for by the complainant.  Though the complainant has paid the amount of Rs.65,000/- as membership fee, neither the OPs nor its representative responded to the complainant.  In this context, he has made several E-mail correspondences which can be seen on going through Ex.A.1 to Ex.A.4.  The consumer complaints are decided in the summary trial.  Strict proof of the contents of Ex.A.1 to Ex.A.4 is not necessary since the OP admitted in respect of payment of Rs.65,000/-.  If the entire text of the complaint is taken into consideration, the OPs have offered the complainant to become a member of its Club.  Believing the words of the OP’s representative, he made an amount of Rs.65,000/-.  Though received amount, again they asking for Rs.10,500/- being the annual maintenance charges.  The complainant becomes disgust having no other go he sought for refund of the amount so far paid by him for which there is no response.  The learned counsel for OP submits that as per the Clause No.27, the amount of Rs.3,800/- is to be deductable out of the membership amount of Rs.65,000/-.  The OP never denied in respect of the contents of para No.19 reads thus:

There shall be a cool off period of 10 days from the date of signing of this agreement wherein member can discontinue the agreement by paying a nominal administration charges of Rs.3,800/- to the company. After deduction of the aforesaid amount (Rs.3800) remaining amount would be refunded to the member within 120 days from the date of invoking of cool off period for invoking the cooling off period the member shall send a written communication to the Country Club, Central Customeere Care, 4^th Floor, Asian Building, Begumpet, Hyderabad-560016 through registered speed post or an E-mail to After expirty of the aforesaid period the entire membership fee is non-refundable under any circumstances.

We are of the opinion that this clause is not applicable when the complainant is not availed any service, in this context, the OPs duty bound to return the entire amount in the light of the decision of the Hon'ble National Commission reported in 2019(1) CPR 647 (NC) in the case of Chief in Charge of M/s.Country Vacations and Anr. vs. Jayanti Mukherjee, wherein it is held that “no amount can be retained by the service provider without offering any service.”

9. In the light of the decision cited supra, we come to the conclusion that, the OP has not given proper service.  Hence, we are of the opinion that, OP is liable to refund the amount of Rs.65,000/- to the Complainant with interest at the rate of 8% p.a. from the date of payment till realization with Litigation cost is fixed to Rs.5,000/-. Relief for compensation of Rs.1,00,000/- is rejected. Accordingly we answered point No.1 partly in the affirmative.

  10. Point No.2: In the result, we passed the following:                        

  O R D E R

1. The complaint filed by the Complainant is allowed in part.

2. The OPs are jointly and severally directed to pay Rs.65,000/- (Rupees sixty five thousand only) with interest at the rate of 8% p.a. from the date of payment till realization to the Complainant along with litigation cost of Rs.5,000/- (Rupees five thousand only) within six weeks from the date of receipt of this order.  Relief for compensation for Rs.1,00,000/- is rejected.

3. Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Commission on this 21^st day of September, 2021).

Copies of Documents produced by the Complainant which are marked as Ex.A.1 to Ex.A.4:

Copies of Documents produced by the OPs which are marked as Ex.B.1 to Ex.B.4: