DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.280/2015
- Shri Shyam Lal Agarwal,
S/o Shri Mange Ram
- Mrs. Shashi Agarwal
W/o Shri Shyam Lal Agarwal,
Both residents of L-273,
Sarita Vihar,
New Delhi-110076.
….Complainants
Versus
Country Club (India) Limited
CG 06, Ansal Plaza, HUDCO Place,
Khel Gaon Marg,
New Delhi-110049.
….Opposite Party
Date of Institution : 05.10.2015 Date of Order : 12.09.2018
Coram:
Sh. R.S. Bagri, President
Ms. Naina Bakshi, Member
Ms. Kiran Kaushal, Member
ORDER
Member - Kiran Kaushal
Brief facts of the case are :-
1.1 That the complainant Shri Shyam Lal Agarwal and Mrs. Shashi Agarwal sought country club membership from Country Club India Ltd. referred to as OP. Complainants are senior citizens who visited the office of OP at Khel Gaon Marg, New Delhi. The representative of OP Ms Sonia Agarwal under the supervision of Shri Santosh Kumar Jha persuaded the complainants to obtain membership in the OP’s club, so as to enjoy the wonderful vacations for period of 30 years.
1.2 Complainants got lured by the representations and persuasions of OP and paid Rs.1,25,000/- through credit card. OP got an application form filled up on the spot and offered the complainants two weeks complimentary vacations plus air ticket valid for one year besides all other benefits. It was told that these benefits are in addition to other benefits as explained in the vacations agreement.
1.3 Complainants received email dated 16.10.2014 confirming their two air tickets along with two free stay coupons valid for one year having dispatched but no such coupons were received by the complainants. Therefore, the complainant responded vide email dated 22.10.2014 informing the OP of non receipt of the above documents. Complainants waited for few days and wrote another email regarding non receipt.
1.4 When complainants did not receive any response from the OP they requested to cancel the membership and refund the amount paid by them, but to no avail. After lot of persuasion from the complainants, OP finally sent holiday coupons which were not in conformity neither with the promises made nor with the email dated 16.10.2014. Therefore complainants filed the present complaint seeking following reliefs:-
- To direct OP to refund the sum of Rs.1,25,000/- along with interest @ 15% per annum from August, 2014 till payment.
- To award Rs. 30,000/- towards litigation expenses and mental harassment.
2. Notice was duly served on the OPs, but no one appeared on their behalf to contest the case of the complainant. Hence, OPs were proceeded exparte vide order dated 27.04.2016.
3. Complainants filed exparte evidence by way of affidavit as well as exparte written arguments. Complainants reiterate whatever was stated in their complaint as well as in evidence by way of affidavit.
4. Complainants have supported their case by placing on record vacations agreement, country club membership, approval form and various emails exchanged between the parties.
5. Arguments on behalf of the complainant have been heard and record perused.
6. Averments made in the complaint and evidence led by the complainants have remained uncontroverted and unchallenged. Hence, there is no reason to disbelieve the version of the complainants.
7. After having the arguments heard and perusing the record it is observed that the complainants being senior citizens were on the lookout for some entertainment and vacations. OP being in the said business lured the complainants by making false promises and giving colourful representations of the vacations; OP persuaded the complainants to obtain club membership so as to enjoy the wonderful vacations for full 30 years. The complainants on the spot paid Rs.1,25,000/- through their credit card.
8. On receiving an email from OP stating that they have dispatched the free coupons to the complainant and the complainant not receiving them, reverted back and told the OP that they had not received any free coupons. After few reminders about the free coupons when the complainants did not receive any reply from the OP they smelled a foul play. Still they kept persuading OP and finally OP sent holiday coupons which were not in conformity with their emails or the promises made. It was in these circumstances that the complainant sought refund of their amount from OP which has not been paid till date.
9. In view of the above facts and circumstances, we hold OP guilty of cheating, malpractice and deficiency of service. The OP is directed to refund entire amount of Rs.1,25,000/- along with interest @ 9% p.a. from the date of request for cancellation of membership and refunding the amount i.e. 31.10.2014 till the date of realization.
10. OP is also directed to pay Rs.10,000/- towards compensation for mental harassment and legal expenses etc.
11. OP is directed to pay the aforesaid amount to the complainants within a period of 30 days from the date of receipt of the copy of this order, failing which the OP shall become liable to pay interest @ 12% p.a. on the aforesaid amount from the date of request for cancellation of membership and refunding the amount i.e. 31.10.2014 till the date of realization.
Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter file be consigned to record room.
Announced on 12.09.18.
Devendra
