Sh.Anoop Sharma, Presiding Member.

1.       Mr. Vikas Mehra  has brought the instant complaint under section 11 & 12 of the Consumer Protection Act, 1986  on the allegations that  complainant was approached by Mr. Roopesh Singh, Executive  of opposite parties, who showed very rosy picture about the vacations, club & Gym plans being promoted by opposite party No.2 with promise to have lot of facilities to be provided by opposite parties  and allured the complainant to become the member of opposite parties.  At the time, it was informed by the said executive that beside holiday packages, club also provide life time membership of the clubs of opposite parties all over India and Abroad and various other promotions schemes were explained by the said executive to the complainant.  It was orally informed to the complainant that Country club (India) Limited has various clubs in India and very soon company is going to open its club in Amritsar also. It was also informed that company is providing Gym facilities at Trillium Mall, Amritsar  and it will be life time membership in the said Gym. It was also orally assured by the said Executive  that on Birthday & Anniversary of any of the family members of the complainant, company provides gifts to the member and family  and it was also informed that if complainant introduce any of his friends to become member of the club and if he  becomes member of the club, then company will not charge AMC of Rs. 6000/- for the customers/members for the said period. The complainant on the allurement of the executive of the opposite parties had agreed to purchase the membership of opposite parties  and had agreed to pay Rs. 70,000/-  as membership fee  as demanded and opposite parties promised that company will provide 5 years + 2 years (complimentary) 6 nights & 7 days vacations for 7 years at CCIL properties within India and Abroad, Life time membership in Country Club and life time Gym membership and other assured gifts as described above. It was also told by the said Executive that in case, complainant does not go for holiday in any year, then days offered in one year will be carried forward with remaining years i.e. complainant can avail 42 nights holiday  in total at any time within vacation membership years i.e. for 7 years. The complainant had paid Rs. 40000/- on 17.2.2014 vide receipt No. Dr-30583 and balance amount of Rs. 30000/- was to be paid by the complainant after receiving membership documents which the complainant had paid to opposite parties on 13.1.2015 vide receipt No. 0115206F-486. The said membership facility was for complainant, his spouse and for children below age of 25 years. Opposite parties obtained the signatures of the complainant on some papers and told that company will send documents with membership letter.  Thereafter complainant has received a letter dated 12.3.2014 sent by opposite party No.2 asking the complainant to deposit remaining amount of Rs. 30000/- within 45 days from the date of enrolment. After receipt of said letter, complainant was shocked when he had gone through the contents of the said letter as the terms and offers were different as promised to complainant by executive of opposite parties. In the letter dated 12.3.2014, it was mentioned that complainant will get Gym facility upto 12.3.2015 and will get holiday package only for 5 years  and will enjoy club membership for life time also. In the letter it was informed that alongwith letter vacation smart card and copy of agreement has been enclosed but complainant has received only vacation smart card with the said letter. Immediately after receipt of said letter, complainant approached the executive of opposite parties  and had showed him the said letter which was contrary to the assurance given by said executive. Executive then assured that he will get changed the letter from the company and new letter will be send by the company alongwith other membership documents. But complainant has not received any new letter and membership document from opposite parties . The complainant contacted the opposite parties from time to time  and it was assured that new letter will be sent to complainant within short time.  After purchase of the membership, on the marriage anniversary of complainant and on the birthdays of complainant and his family members, call was received by complainant from officials of opposite parties and complainant was offered to collect cake and gift from the club and when after knowing this fact that there is no club opened in Amritsar city, the caller showed his inability to send cake and gifts to complainant and informed that such facility is available to the members residing in the city, where opposite parties have their clubs. In the month of January, 2015, executive of opposite parties approached the complainant and had informed that company has agreed to change the letter with assured offers and demanded balance amount of Rs. 30000/- from the complainant. It was assured by the executive that after depositing balance amount of Rs. 30000/- company will send new letter and other documents. The complainant then deposited balance amount of Rs. 30000/-. The complainant then received two copies of agreement dated 25.2.2014 and this time again complainant was shocked to know that terms and conditions mentioned in these agreements were same as mentioned in the letter dated 12.3.2014 and no other offers were mentioned in the said agreement. After 12.3.2015 complainant visited to Country Club gym situated at Trillium Mall, Amritsar   but he was refused to enter in the Gym on the ground that membership for Gym has expired. Complainant called opposite parties number of time and enquired about the new letter  which has to be sent by opposite parties, but no satisfactory response was received by the complainant.  Complainant also introduced one of his friend namely Raju Arora to opposite parties, who has also purchased the membership of opposite parties, but in return complainant has not received any benefit from opposite parties as promised. Opposite parties demanded AMC of Rs. 6000/- from complainant and when complainant has informed that same has been waived off as his friend has also become member of opposite parties,  then it was informed by the opposite parties that promotion scheme has been changed by the company and now complainant is entitled for one air coupon code under referral scheme. Complainant has spent huge amount of Rs. 70000/- to become member of opposite parties and for more than 2 years no club has been opened by the opposite parties in Amritsar city as promised to be opened . So complainant by spending huge amount, has not received any of the benefits as offered . Vide instant complaint, complainant has sought for the following reliefs:-

(a) Opposite parties be directed to arrange new letter containing all the offers or to return the hard earned money of Rs. 70000/- by cancelling the membership of complainant;

b)Compensation of Rs. 50000/- may also be awarded ;

c)Opposite parties be also directed to pay litigation expenses to the tune of Rs. 11000/-.

Hence, this complaint.

2.       Upon notice, opposite parties No.1 to 3  appeared and contested the complaint  by filing collective written version  taking certain preliminary objections therein inter alia that  present complaint is not maintainable and deserves dismissal as it is time barred. The present complaint is filed in July 2016, whereas cause of action accrued to him when he received letter dated 12.3.2014; that complainant has alleged that agreements dated 25.2.2014 has not been executed and signed by him, therefore in order to prove the fact of execution and signatures of complainant/forgery, only the civil court has the jurisdiction to entertain and adjudicate the matter ; that the main oral allegations of the complainant is that he was orally promised lot of facilities and allured by executive of opposite parties, whereas all the said allegations made by the complainant are against the terms of the contract and without any evidentiary proof and cannot be relied upon. In parawise reply it was submitted that upon invitation complainant came to office of opposite parties at Amritsar on 17.2.2014, where he has given a presentation by Mr. Roopesh Singh, executive of opposite parties . No rosy pictures were shown but only the benefits, terms and conditions under the various membership plans were explained to the complainant by the said executive and after being fully satisfied, complainant opened for Club and 5 years vacation under “Blue Season” membership and executive two agreements i.e. Billionaire Vacations Agreement and Club Membership  Purchase Agreement. It was submitted that both these agreements were signed by the complainant on 17.2.2014.  The consideration amount for said Membership for vacation and club was negotiated and agreed to be at Rs. 70000/- towards “Non refundable vacation charges” alongwith which Club membership was given free of cost. The complainant paid Rs. 40000/- on 17.2.2014 and offered to pay the balance amount of Rs. 30000/- at a later stage . Thereafter the complainant paid balance amount of Rs. 30000/- on 13.1.2015. It was admitted that complainant was informed about lifetime Gym facilities at Trillium Mall, Amritsar . No oral assurances of Gifts on birthdays and anniversary was ever given to the complainant. The allegation of waiver of Annual Maintenance charges of Rs. 6000/-  on introducing any friend to be member is also wrong and denied.  It was submitted that as per clause No.2 under Billionaire Vacations Agreement the accommodation was for second party i.e. the complainant , spouse and 2 children below 12 years. For 2 children between 12-18 years, extra bed is chargeable @ Rs. 350/- in opposite parties owned property and Rs. 500/- in opposite parties affiliated properties and for 2 children between 18-25 years of age, an extra studio room at extra charge needs to be taken  and maximum 3 adults can be adjusted in a room. It was denied that terms and offers in welcome letter dated 12.3.2014 were different from those promised by the executive of opposite parties. In both the welcome letter dated 12.3.2014 and agreements it is mentioned that the complainant was entitled for Club + 5 years 6 nights and 7 days Blue season plan (billionare). This package includes (1) Club Membership (2) access to entertainment, events and amusement facilities. Clause 2 thereof states  that membership is valid for member’s and spouse lifetime. Children under 25 years age will be dependent members and parents of the member. No other friends and/or relatives are entitled to enjoy the benefits of the membership cards. It was admitted that in Welcome letter dated 12.3.2014, it was mentioned that Gym is valid upto 12.3.2015 It was submitted that the same finds mention in the Club membership purchase agreement also under clause 5 which states as “free usage of CC fitness centers, swimming pool and other services for the member’s family for one year from the date of the agreement”. It was submitted that lifetime club membership includes parties, games, events, drinks , entertainment and amusement facilities etc and does not include from fitness centre/GYM and swimming pool. It was admitted that it was informed that alongwith the letter, vacation smart card 7 copy of agreement has been enclosed, whereas it has been wrongly alleged that complainant received only vacation smart card with the said letter and not the agreements.  It is pertinent to mention here that if complainant had not received the said agreements alongwith the welcome letter dated 12.3.2014, complainant would have made a request to opposite parties to provide the same which the complainant did not do. Remaining facts narrated in the complaint have been denied and a prayer for dismissal of the complaint with cost was made.

3.       In his bid to prove the case Sh. Mohan Arora,Adv.counsel for the complainant tendered into evidence affidavit of the complainant Ex.C-1, copy of letter dated 12.3.2016 Ex.C-2, copy of billionare vacation agreement Ex.C-3, copy of club membership purchase agreement Ex.C-4, copy of e-mail conversation Ex.C-5, copy of payment receipt through e-mail Ex.C-6 and C-7, copy of welcome note through e-mail by opposite party Ex.C-8  and closed the evidence on behalf of the complainant.

4.       On the other hand Sh.Ashok Kalia, Adv.counsel for the opposite parties tendered into evidence affidavit of Sh. Bharat Reddy, Legal Officer  Ex.OP1,2,3/1, copy of billionare vacation agreement Ex.OP1,2,3/2, copy of club membership purchase agreement Ex.OP1,2,3/3 and closed the evidence on behalf of opposite parties No.1 to 3.

5.       We have heard the ld.counsel for the parties and have carefully gone through the record on the file.

6.       On the basis of the evidence on record, ld.counsel for the opposite parties has vehemently contended that  upon invitation complainant came to office of opposite parties at Amritsar on 17.2.2014, where he has given a presentation by Mr. Roopesh Singh, executive of opposite parties . No rosy pictures were shown but only the benefits, terms and conditions under the various membership plans were explained to the complainant by the said executive and after being fully satisfied, complainant opened for Club and 5 years vacation under “Blue Season” membership and executive two agreements i.e. Billionare Vacations Agreement and Club Membership  Purchase Agreement. It was submitted that both these agreements were signed by the complainant on 17.2.2014.  The consideration amount for said Membership for vacation and club was negotiated and agreed to be at Rs. 70000/- towards “Non refundable vacation charges” alongwith which Club membership was given free of cost. The complainant paid Rs. 40000/- on 17.2.2014 and offered to pay the balance amount of Rs. 30000/- at a later stage . Thereafter the complainant paid balance amount of Rs. 30000/- on 13.1.2015. It was admitted that complainant was informed about lifetime Gym facilities at Trillium Mall, Amritsar . No oral assurances of Gifts on birthdays and anniversary was ever given to the complainant. The allegation of waiver of Annual Maintenance charges of Rs. 6000/-  on introducing any friend to be member is also wrong and denied.  It was submitted that as per clause No.2 under Billionare Vacations Agreement the accommodation was for second party i.e. the complainant , spouse and 2 children below 12 years. For 2 children between 12-18 years, extra bed is chargeable @ Rs. 350/- in opposite parties owned property and Rs. 500/- in opposite parties affiliated properties and for 2 children between 18-25 years of age, an extra studio room at extra charge needs to be taken  and maximum 3 adults can be adjusted in a room. It was denied that terms and offers in welcome letter dated 12.3.2014 were different from those promised by the executive of opposite parties . In both the welcome letter dated 12.3.2014 and agreements it is mentioned that the complainant was entitled for Club + 5 years 6 nights and 7 days Blue season plan (billionare). This package includes (1) Club Membership (2) access to entertainment, events and amusement facilities. Clause 2 thereof states  that membership is valid for member’s and spouse lifetime. Children under 25 years age will be dependent members and parents of the member. No other friends and/or relatives are entitled to enjoy the benefits of the membership cards. It was admitted that in Welcome letter dated 12.3.2014 , it was mentioned that Gym is valid upto 12.3.2015 It was submitted that the same finds mention in the Club membership purchase agreement also under clause 5 which states as “free usage of CC fitness centers, swimming pool and other services for the member’s family for one year from the date of the agreement”. It was submitted that lifetime club membership includes parties, games, events, drinks , entertainment and amusement facilities etc and does not include from fitness centre/GYM and swimming pool. It was admitted that it was informed that alongwith the letter, vacation smart card 7 copy of agreement has been enclosed, whereas it has been wrongly alleged that complainant received only vacation smart card with the said letter and not the agreements.  It is pertinent to mention here that if complainant had not received the said agreements alongwith the welcome letter dated 12.3.2014, complainant would have made a request to opposite parties to provide the same which the complainant did not do. Remaining facts narrated in the complaint have been denied and a prayer for dismissal of the complaint with cost was made.

7.       But, however, from the appreciation of the evidence on record, it becomes evident that the opposite parties are deficient in service. The complainant on the allurement of the executive of the opposite parties had agreed to purchase the membership of opposite parties  and had agreed to pay Rs. 70,000/-  as membership fee  as demanded and opposite parties promised that company will provide 5 years + 2 years (complimentary) 6 nights & 7 days vacations for 7 years at CCIL properties within India and Abroad, Life time membership in Country Club and life time Gym membership and other assured gifts as described above. It was also told by the said Executive that in case, complainant does not go for holiday in any year, then days offered in one year will be carried forward with remaining years i.e. complainant can avail 42 nights holiday  in total at any time within vacation membership years i.e. for 7 years. The complainant had paid Rs. 40000/- on 17.2.2014 vide receipt No. Dr-30583 and balance amount of Rs. 30000/- was to be paid by the complainant after receiving membership documents which the complainant had paid to opposite parties on 13.1.2015 vide receipt No. 0115206F-486. The said membership facility was for complainant, his spouse and for children below age of 25 years. Opposite parties obtained the signatures of the complainant on some papers and told that company will send documents with membership letter.  Thereafter complainant has received a letter dated 12.3.2014 sent by opposite party No.2 asking the complainant to deposit remaining amount of Rs. 30000/- within 45 days from the date of enrolment. After receipt of said letter, complainant was shocked when he had gone through the contents of the said letter as the terms and offers were different as promised to complainant by executive of opposite parties. In the letter dated 12.3.2014, it was mentioned that complainant will get Gym facility upto 12.3.2015 and will get holiday package only for 5 years  and will enjoy club membership for life time also. In the letter it was informed that alongwith letter vacation smart card and copy of agreement has been enclosed but complainant has received only vacation smart card with the said letter. Immediately after receipt of said letter, complainant approached the executive of opposite parties  and had showed him the said letter which was contrary to the assurance given by said executive. Executive then assured that he will get changed the letter from the company and new letter will be send by the company alongwith other membership documents. But complainant has not received any new letter and membership document from opposite parties . The complainant contacted the opposite parties from time to time  and it was assured that new letter will be sent to complainant within short time.  After purchase of the membership, on the marriage anniversary of complainant and on the birthdays of complainant and his family members, call was received by complainant from officials of opposite parties and complainant was offered to collect cake and gift from the club and when after knowing this fact that there is no club opened in Amritsar city, the caller showed his inability to send cake and gifts to complainant and informed that such facility is available to the members residing in the city, where opposite parties have their clubs. In the month of January, 2015, executive of opposite parties approached the complainant and had informed that company has agreed to change the letter with assured offers and demanded balance amount of Rs. 30000/- from the complainant. It was assured by the executive that after depositing balance amount of Rs. 30000/- company will send new letter and other documents. The complainant then deposited balance amount of Rs. 30000/-. The complainant then received two copies of agreement dated 25.2.2014 and this time again complainant was shocked to know that terms and conditions mentioned in these agreements were same as mentioned in the letter dated 12.3.2014 and no other offers were mentioned in the said agreement. After 12.3.2015 complainant visited to Country Club gym situated at Trillium Mall, Amritsar   but he was refused to enter in the Gym on the ground that membership for Gym has expired. Complainant called opposite parties number of time and enquired about the new letter  which has to be sent by opposite parties, but no satisfactory response was received by the complainant.  Complainant also introduced one of his friend namely Raju Arora to opposite parties, who has also purchased the membership of opposite parties, but in return complainant has not received any benefit from opposite parties as promised. Opposite parties demanded AMC of Rs. 6000/- from complainant and when complainant has informed that same has been waived off as his friend has also become member of opposite parties,  then it was informed by the opposite parties that promotion scheme has been changed by the company and now complainant is entitled for one air coupon code under referral scheme. Complainant has spent huge amount of Rs. 70000/- to become member of opposite parties and for more than 2 years no club has been opened by the opposite parties in Amritsar city as promised to be opened . So complainant by spending huge amount, has not received any of the benefits as offered .

8.       The contract agreement vide which the complainant obtained membership of the Country Club India Ltd, has been admitted by the opposite parties.  It is also an admitted fact that the complainant deposited a sum of Rs. 70000/- i.e. Rs. 40000/- on 17.2.2014 vide receipt No. Dr-30583 and balance amount of Rs. 30000/- paid on 13.1.2015 vide receipt No. 0115206F-486. The said membership facility was for complainant, his spouse and for children below age of 25 years. Opposite parties obtained the signatures of the complainant on some papers and told that company will send documents with membership letter.  Thereafter complainant has received a letter dated 12.3.2014 sent by opposite party No.2 asking the complainant to deposit remaining amount of Rs. 30000/- within 45 days from the date of enrolment. After receipt of said letter, complainant was shocked when he had gone through the contents of the said letter as the terms and offers were different as promised to complainant by executive of opposite parties. In the letter dated 12.3.2014, it was mentioned that complainant will get Gym facility upto 12.3.2015 and will get holiday package only for 5 years  and will enjoy club membership for life time also. In the letter it was informed that alongwith letter vacation smart card and copy of agreement has been enclosed but complainant has received only vacation smart card with the said letter. Immediately after receipt of said letter, complainant approached the executive of opposite parties  and had showed him the said letter which was contrary to the assurance given by said executive. But the Opposite Parties  have failed to provide the requisite facilities to the complainant despite taking the membership fee of Rs.70,000/-   Facts of the case in hand attract to the ratio of law laid down in Harsharan Singh Versus Country Club India Limited & others  decided on 1.4.2015  by the Hon’ble State Commission, Chandigarh, wherein it has been held that complainant is entitled for the refund of Rs. 80000/-  which he paid to the opposite parties alongwith interest @ 9% per annum which would cater for compensation on account of harassment and mental agony, suffered by him because of deficiency in rendering service, on the part of the opposite parties.”. It was also held by the Hon’ble National Commission, New Delhi in case titled “Country Club Versus Nirmal Kumar Pandey”  vide order dated 22.4.2014 that  consumer can seek compensation when club and resort membership turned out to be illusory. At the time of execution of the agreement between opposite parties and the complainants, two copies of the agreement were prepared. Opposite party No.1 provided the photocopy of the agreement to the complainants and it was told to the complainants that the original agreement will be dispatched at their address. It is settled principle of law that in case, two plausible views were available, under given set of facts, the court shall be obliged to the view which was favourable to the consumer. Reference in this regard can be had to “Kulwinder Singh Versus LIC of India “ 2007(1) CLT 303 (Punjab) wherein it has been held that “where two views are possible, the one, which favour the consumer should be taken” .

9.       On account of unfair trade practice being carried out  by the opposite parties  for not providing  the facilities as agreed by opposite parties to the complainants, the complainants  have suffered  a great mental pain, agony,  harassment at the hands of the opposite parties. Act & conduct of the opposite parties amounts to gross  negligence, carelessness, deficiency in service and unfair trade practice and the complainants are required to be compensated in accordance with law.

10.     In our considered view, the complaint of the complainant succeeds and the same is hereby allowed. Opposite Parties  are  jointly and severally liable to refund the total fee amount of Rs. 70,000/- to the complainant. The Opposite Parties  are also directed to pay Rs.5,000/- as compensation on account of mental tension and harassment besides Rs.3,000/- as costs of litigation. Compliance of this order be made within 30 days from the receipt of copy of the order; failing which, awarded amount shall carry interest @ 9% p.a from the date of filing of the complaint until full and final recovery. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.