Chandigarh

DF-II

CC/124/2020

Harsharn Singh Bajwa - Complainant(s)

Versus

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

Adv. Surpreet Singh Chadha

10 Aug 2023

ORDER

 DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II,

U.T. CHANDIGARH

 

Consumer Complaint  No	:	124 of 2020
Date  of  Institution	:	19.02.2020
Date   of   Decision	:	10.08.2023

 

 

 

 

 

Harsharn Singh Son of Sh.Iqbal Singh Bajwa, aged about 47 Years, Resident of H.No.402, Sector 37-A, Chandigarh.   

                                                …...Complainant

 

                                                       Versus

 

1]    Country Club Hospitality & Holidays Ltd, # 6-31219/A County Club Cool 4^th & 5^th Floor, Begumpet, Hyderabad-500016, through its Managing Director.

2]    Country Club  Fitness &  Vacation S.C.O. 44-45, 2^nd Floor, above Punjab National Bank, Madhya Marg, Sector 9-D, Chandigarh 160009 through its Branch Manager/ General Manager.  

    ….. Opposite Parties

 

BEFORE: MR.AMRINDER SINGH SIDHU,      PRESIDENT

                 MR.B.M.SHARMA,   MEMBER

         

Present       :         Sh. Surpreet Singh Chadha, Advocate Counsel for Complainant.

Sh. Pardeep Sharma, Advocate Counsel for the Opposite Parties.   

 

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

       

                        The complainant filed present complaint under Section 12 of the Consumer Protection Act, 1986 (Now Section 35 of Consumer Protection Act, 2019) pleading that Complainant is Resident of Chandigarh and Opposite Party No. 1 having head office at Hyderabad and Opposite Party No. 2 is Branch/Local Office of Opposite Party No. 2, having office in Sector 9, Chandigarh. Both the parties are engaged in the business of ‘Leisure and Hospitality Industry and provide for family holidays at Country Club Resorts/Properties and Associated properties in India and abroad. The Complainant is enrolled as White member of O.P.s Club and his Membership No. is CCDL12V10LW11310. In the Month of February, 2017 Opposite Parties contacted the Complainant telephonically and offered discount of 33% on payment of three years advance  from 2017-2020 and also sent the said offer Via Email  to the Complainant.  Thereafter, complainant made online payment of Rs. 15,122/-(fifteen thousand one hundred twenty two) to the Opposite Parties.  The Complainant paid in advance Annual Maintenance Charges to the Opposite Parties till 2019-2020, but they failed to provide him booking for his 6N/7D each in the year 2018 & 2019 and ultimately his two years holidays expired due to non cooperative behavior of the Opposite Parties.  In October 2018, one of the marketing Executive/ Manager of Opposite Parties visited the Complainant who informed  regarding failure on part of Opposite Parties to provide  reservation for booking upon which he assured to help him to get reservation for the expired as well as future Holidays.  The interaction with the Complainant, Executive of the Opposite Parties offered to upgrade membership of the Complainant to  Red Season at a discount price of Rs. 1,50,000/-(One Lakh fifty thousand) against actual price of  Rs. 3,50,000/-. and persuaded the complainant to issue a post dated cheque for the said amount and assured to present the same in bank after taking due approval from the Complainant. O.P.s also mailed the said offer on email of the Complainant on 31.10.2010. Thereafter, the behavior of the Marketing Executive Opposite Party raised suspicion in the mind of the Complainant regarding genuinely of the said offer and he sent an E-mail to Opposite Parties to confirm the authenticity of the offer.  Thereafter, the Marketing Executive of the O.P.s again contacted the Complainant for presenting the said cheque in the bank to which Complainant refused and demanded back his cheque as he had certain apprehension regarding the genuienty of the offer. Despite refusal of the Complainant, the said Marketing Executive of the O.P.s presented the said cheque in the bank which was dishonored. The Cheque issued by the Complainant got dishonored, Marketing Executive of the O.P.s intentionally upgraded/changed membership of the Complainant to Red Season from 1^st November 2018 onwards, for 30 years on their website and issued New Membership No. CCDL03ULTCLUB30LRU553 without having received the requisite amount of Rs.1,50,000/-. for up gradation from the complainant. Later they said MKt. Executive of O.P.s repeatedly called and sent whatsapp messages to the complainant and demanded payment of Rs. 1,50,000/- as up gradation fee but the flatly refused the same upon the same Opposite Parties threatened the Complainant that as long as he do not pay the up-gradation fee, he will not be able to book get reservation for his annual holidays in year 2019 as well as in future thereafter, as the system will not accept the request as it is showing Rs. 1,50,000/- as pending due. The Complainant had paid AMC to O.P.s in advance up till year 2019-2020 but the Complainant has been cheated by O.P.s of an amount of Rs. 15,122/ thereafter, Complainant was forced to join RCI membership on 26.12.2018 by paying a sum of  Rs. 5,000/-.   The Complainant failed to enjoy holidays with his family at the resorts of the O.P.s despite having paid AMC in advance, he was forced to book holidays through RCI for the month of June 2019 and October 2019 after paying Rs. 15,360/- and 11,399/- on 10.04.2019 and 30.04.2019 respectively. Thereafter, the complainant sent a legal notice dated 17.01.2010 through his counsel to O.P.s demanding refund of AMC but neither the O.P.s reply to the said notice nor pay any heed to the Redressal of the grievance of the complaint.  

              Thereafter, Opposite Parties started playing delay tactics on one pretext or the other. Finally refused to refund the amount and threaten the Complainant of dire consequences. So, Complainant filed the present complaint alleging that it not only amount to deficiency in service but also Unfair Trade Practices on the part of Opposite Parties. Lastly Complainant prayed for refund of amount of Rs. 15,122/-. along with interest and compensation. 

 

2]           After the service of notice upon the O.P, the O.P.s appeared before this Commission and filed their separate written version to complaint which were taken on record, taking preliminary objections that the present complaint is not maintainable; complainant has not approached this Commission with clean hands; the complaint is bad for on non-joinder; it is admitted the complainant paid annual maintenance charges to Opposite parties till 2019-2020 in advance and rest of the averments made in the complaint has been denied by Opposite parties; it is averred by the Opposite parties that no name of said alleged Marketing Executive/Manager has been mentioned nor made a party to the present case; it is averred that vide E-mail dated 31.10.2018, C-3 complainant was offered an upgraded membership to red Season with up gradation charges of Rs. 1,50,000/- was made by any executive of OP during any alleged interaction with the complainant; it is averred that vide said E-mail dated 01.11.2018 customer care department of OP company authenticated the genuineness of Email dated 31.10.2018; it is averred that O.P.s are not concerned with the entity RCI India Private Limited as it is not associated with OP company in any manner

 

3]           Replication has also been filed by the Complainant thereby controverting the assertion of OP made in their reply and reiterating their stand in the Complaint.

 

4]           Parties led evidence in support of their contentions.

5]           We have heard the Counsel for the parties and have gone through the entire record.

 

6]           The complainant in Para No.11 of his complaint stated that the complainant had paid AMC to OPs for three years in advance up till year 2019-2020 on their assurance to avail/enjoy the holidays any time in these three years but the assurance given by the OPs at the time of receiving the advance AMC turned out to be false.  The complainant has been cheated by the OPs of an amount of Rs.15,122/- paid as advance AMC on their false assurance to give priority booking to complainant, which caused harassment, mental agony and torture to the complainant as he failed to enjoy the holidays with family despite having paid AMC for three years in advance as the same was not made available to the complainant by the OPs.

              In reply to the contents of Para No.11, it is submitted by the OPs that it is wrong and denied. 

              However, the complainant has filed a Membership Details of Complainant (Harsharan Singh Bajwa) as Annexure C-10 at its left No.4 (Page No.13) wherein it is clearly mentioned “No Booking Available”.  Moreover, the complainant has filed his affidavit stating therein that OPs received an amount of Rs.15,122/- from the complainant on account of promise to provide him priority booking which proved to be false later on.   Moreover, the OPs can prove the same by placing on record any document, which proves that priority booking was provided to him.  So, it is held that a false promise to provide priority booking to the complainant amounts to Unfair Trade Practice.  Hence, the OPs are directed to refund to the complainant an amount of Rs.15,122/- along with interest @9% per annum from the date of filing the present complaint till the date of actual refund and a lumpsum compensation amount of Rs.10,000/-.  The complaint stands allowed in above terms.

              This order be complied with by the OPs, within 60 days from the date of receipt of its certified copy.

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

              Certified copies of this order be sent to the parties as per rules. After compliance file be consigned to record room.

Announced

10.08.2023

                                                                                                            Sd/-

(AMRINDER SINGH SIDHU)

                                                                        PRESIDENT

 

                                                                                                              Sd/-

                                                                        (B. M. SHARMA)

                                                                        MEMBER.