BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE URBAN

    11^th DAY OF AUGUST 2021

Complainant/s: -                           

B.Raviprakash.  B.E.,(Civil)

52 years Old, Shrivatsa, 205Y, 13^th Main, 3^rd Block,

Rajaji Nagar,

Bengaluru-560010.

(Inperson)

V/s

Opposite party/s:-    

Authorized Signatory,

Country Club Hospitality & Holidays Ltd., Country Vacations

A Division of Country Club Hospitality & Holidays Limited, Corporate Office: Country Club Kool, No.6-3-1219, 4^th Floor, Begumpet, Hyderabad-16,

Reg.Office: Amrutha Castle, 5-9-16, Saifabad, Secretariat, Hyderabad-560063.

 (By Adv.Sri.D.Narasegowda)

ORDER

SRI. S.L PATIL, PRESIDENT

The Complainant has filed this complaint U/s.35 of Consumer Protection Act 2019, seeking direction against the Opposite Party (herein after called as OP) to refund Rs.50,000/- with compensation of Rs.50,000/- towards mental stress and expenditures towards this case.     

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

The Complainant submits that, Country vacations marketing people will choose some places and holding offer coupons to attract people, offer free film tickets, free holiday trips etc., and it collect people’s personal phone numbers.  The OP start calling over phone by saying in lucky draw you have selected and won gifts from Country club/Vacations, please attend the event venue your family.  In the same way, complainant had received call on 23.09.2019 to attend their office to receive the price won in Lucky coupon draw.  Complainant further submits that on 23.09.2019 he met Mr.Girish, who is a Manager and in-charge of Country club, where the said Manager started explaining about membership and benefits of holiday’s trip and special concession is offered from the Club to him for Rs.75,000/- instead of Rs.2,00,000/- which is regular membership fees.  The complainant believed the words of OP, he paid Rs.25,000/- on 23.03.2019 through debit card payment and remaining amount will be paid in monthly installments.  Thereafter, OP promised that it will send the membership cards of complainant within two days and avail benefits of the country club.  Even after a month, the complainant did not receive membership cards or no one has contacted him to collect monthly installment. 

Further complainant submits that he contacted Mr.Girish over phone and the said person promised that membership card will be coming shortly, even after 3 months, he did not receive any cards.  Further complainant submits that he got call from Miss. Latha who introduced herself as employee of Country club and she told him that Due to pandemic situation, the country club/vacations is offering a great reduction in membership fee. If complainant pay Rs.25,000/- towards balance of Rs.50,000/- then all dues towards membership fee will be waived off by club and remaining facilities or benefits will be continued with no annual maintenance fees for 2020 and 2021, complainant rejected the offer.  The said Latha had been calling every day and requesting to get benefit and she took Mr.Jagadeesh who said to be Senior Manager in conference call, he also promised that he will be fulfilling the promised and he will send the membership cards as soon as complainant pay Rs.25,000/-. 

Further complainant submits that he received an official E-mail on 11.04.2020 stating that “as an outbreak of Covid-19, they offer him benefit to paying just Rs.25,000/- to clear his membership balance amount and wave off his current AMC due and benefit will be valid only payment within 12.04.2020.  Further complainant submits that due to Covid-19 lockdown, he explained the difficulties to Miss Latha then she had sent a link for payment on 14.04.2020 for which complainant has pay Rs.15,000/- towards membership fee and Rs.200/- towards online transaction fee and sent an E-mail to Jagadeesh. Again complainant has paid Rs.10,000/- towards membership fee and Rs.200/- towards online transaction fee on 20.04.2020.  Thereafter he received E-mail from Jagadeesh stating that “we have received total payment of Rs.25,000/- towards balance amount and closed the membership for the same amount, and there is no due on your membership amount”.

Further complainant submits that he called Miss Latha many times regarding membership card but she did not respond properly, then on 18.05.2020 he sent an E-mail to Mr.Jagadeesh.  Again complainant has sent an E-mail on 21.05.2020.  On that day, he received an apologize email from Mr.Jagadeesh stating that Due to lock-down they have not resumed to the office yet and their staff are doing work from home, requested him to wait till lock down period gets over.  After waiting up to completion of lock down period, the complainant sent an E-mail on 08.06.2020 requesting to give office address to meet personally.  During that period, the country club/vacations people, have been calling him and asking for balance amount of Rs.25,000/-.  Further complainant submits that he did not get any response from Jagadeesh, again on 11.06.2020 he sent E-mails requesting about membership cards and to give office address.  On 14.06.2020 complainant has sent E-mail about calls from Country club/vacations people and carelessness of Miss Latha and Mr.Jagadeesh etc.,  Further complainant submits that he sent Email on 26.06.2020 to the persons who involved and the country club/vacations official customer care requesting them to solve the issue i.e. Mr.Vinaya Kumar and called his office phone number, but it’s out of order and country club official email, but no response.  Further complainant sent Emails on 24.08.2020 and 29.11.2020, but no response from any of them. 

Further complainant submits that he received a letter from country vacations in which date is not mentioned, stating that he has to pay balance of Rs.25,000/- towards my membership within 45 days and annual administrative charge of Rs.10,500/-. The Country club/vacations have received the money from complainant through the persons whom they have promised to him but they did not fulfill the promises that they had agreed, this clearly establishes that OP is making false promises and put the customers under stress.  Hence, filed this complaint.

3. OP did appear and filed version denying the allegations made against it. OP in its version submits 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 OP submits that entire averments made by complainant are categorically and specifically denied as false and incorrect.  It is further submits that prayer of the complainant that directing the OP to refund of Rs.50,000/- and also for compensation of Rs.50,000/- for which there is no basis.  Further OP submits that it admits receipt of total sum of Rs.50,000/- from the complainant towards membership subject to the terms and conditions of the purchase agreement entered in to between them on 23.09.2019.  Further submits that OP never promised to give or nor forced to become the member and also never marketing people mislead by representing that complainant won a gift in a luck draw all are false. 

Further OP submits that in terms of agreement, OP has issued the Temporary membership card to the complainant.  However, for want of address proof, photos of the minors and their birth certificate, OP unable to generate the laminated membership card, even after repeated requests, complainant has not furnished the address proof, photos and birth certificate of the miners.  The OP always ready and willing to perform the contractual obligation in providing the membership card to the complainant, if complainant furnish the details.  Further OP submits that in terms of agreement, there is no provision for refund of amount of cancellation of the club membership. However, the complainant is at liberty to sell or transfer or gift the club membership to any third party, in spite of that complainant for the reasons best known to him has filed above false and frivolous complaint for cancellation.

Further OP submits that the main benefits for club membership and a holiday/vacation package.  In terms offer, is entitle for 6 nights and 7 days holiday vacations in a year for a period of 5 years and club membership for life time subject to terms and conditions mentioned in the purchase agreement.  The OP 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 OP submits that complainant has filed this complaint with malafide intention.  Even the annual maintenance amount of Rs.10,500/- is due to the OP, for which complainant has not bothered to pay the said amount and in order to escape from the said due, he has filed this frivolous complaint with an ulterior motive and for wrongful gain.

Further OP submits that they are providing best services in their field without any blemish and even in the complaint there is no iota of evidence.  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.18. OP has also filed affidavit evidence.  Both not filed written arguments. 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 OP, 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 OP.  It is not in dispute that OP by way of filing version admitted in respect of payment of an amount of Rs.50,000/- 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 substantial part of amount of Rs.25,000/- +  Rs.25,000/- in all Rs.50,000/-, neither the OP nor its representative responded to the complainant.  In this context, he has made several E-mail correspondences which can be seen on going through the Ex.A.1 to Ex.A.18.  The consumer complaints are decided in the summary trial.  Strict proof of the contents of the Ex.A.1 to Ex.A.18 is not necessary since the OP admitted in respect of payment of Rs.50,000/-.  If the entire text of the complaint is taken into consideration, the OP has offered the complainant to become a member of its Club.  Believing the words of the OP’s representative, he parted an amount of Rs.25,000/- + Rs.25,000/- in all Rs.50,000/-.  Though received substantial part of amount, again they asking for Rs.10,500/- being the annual maintenance charges.  Since complainant did not received any membership card and not utilized the facility in the said Club, hence, he is not liable to pay the annual maintenance charges of Rs.10,500/- when the complainant is not availed any kind of service from the OP Club, the amount paid by the complainant of Rs.50,000/- is refundable. In this context, we place the reliance on the judgement of 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, at least issuance of the membership card.  Hence, we are of the opinion that, OP is liable to refund the amount of Rs.50,000/- 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/-. 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

The complaint filed by the Complainant is allowed in part.

2. The OP is directed to pay Rs.50,000/- to the Complainant along with litigation cost of Rs.5,000/- within six weeks from the date of receipt of this order, failing which, the said amount of Rs.50,000/- carries interest at 8% p.a. from the date of payment till the date of realization. 

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

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 11^th day of August, 2021)

Documents produced by the Complainant is marked as Ex.A1 to Ex.A.18: