Smt. RENUKAMBA.C

        Member

1.       The complainant has brought this complaint before the  Commission on the basis of the following facts.

2.     The complainant is working as a private sector employee at Chennai and wanted to invest for the future benefit of his family members. The 2^nd and 3^rd opposite parties are units of the 1^st opposite party. Country club(I) Ltd., projected themselves as a reputed club providing facility for the recreation of the member. In that context the opposite parties used to provide lucky dip facility in various public exhibitions. One fine day the complainant got a phone call from the 2^nd opposite party informing that the complainant have won a lucky  prize and in order to claim the said prize the complainant was informed to meet the 2^nd opposite party in the address mentioned in the cause title. Out of curiosity the complainant have approached the 2^nd opposite party, wherein both of opposite parties have canvassed that their club is a reputed club in the country and they will provide best of the best facilities to the members of the club. The 2^nd opposite party have brain washed the complainant and believing he fanciful words of the 2^nd opposite party on 15.07.2017 the complainant was forced to purchased the membership of the 2^nd opposite party.

3.       The complainant submits that at the time of becoming members of the club maintained by 2^nd opposite party, the complainant has paid a sum of Rs.90,000/-towards part of membership fee for that 2^nd of opposite party has issued receipt bearing no.0917-CVCH-12272 acknowledgement for the said amount dated 02.09.2017. Further on 31.08.2017. the complainant was forced to execute membership agreement  without giving any opportunity to read in complete the terms and conditions mentioned in the said agreement. The officials of 2nd opposite party have promised that annual fee of Rs. 6,000/-. Further assured that the said membership is a lifetime membership and there is no need to pay any tax for the use and occupation of the facilities of the club. Having faith in the words of the officials of 2^nd opposite party the complainant have paid the above said membership fee and also executed the agreement.

4.     The complainant submits that, the assurance of all opposite parties was not at all fulfilled. The complainant was asked to pay the annual fee of Rs. 6,000/-and further the membership is not at all for a life time membership apart from the complainant with the only intention to spend a happy time with their family, have become the members of opposite parties club, but the family members of the complainant is not ready to accept the culture and activities of opposite parties. Hence, the complainant has decided to withdraw his membership with all opposite parties, since the complainant has never utilized any facilities nor his family members is not at all ready to utilize the facilities of opposite parties and the complainant. Hence on several occasions the complainant has requested the opposite parties refund the membership fee, but the opposite parties did not heed to the request of the complainant and some  e-mail exchanges taken place between the 1^st and 2^nd opposite parties with the complainant from 04.09.2017 to 05.04.2018.

5.       The complainant filed her affidavit evidence with several documents marked as exhibits P1 to P5. Opposite party nos 1 to 3 are remained absent hence , placed exparte.

6.      The points that would arise for our consideration are as under:

1. Whether the complainant has proved that there is a deficiency in service on the part of opposite party and complainant is entitled to the reliefs sought?

2. What order?

7.     Our findings on the aforesaid points are as follows:

Point No.1:- Partly in the affirmative.

Point No.2:- As per final order for the following

                                                                  :: R E A S O N S ::

8.     Point No.1:- The complainant has purchased membership in the country club, bearing membership no.CVCH4CLUB5SB241523 by paying Rs.90,000/- and had signed a purchase agreement dated 31.08.2017 by agreeing the terms and conditions. The above fact has been accepted as true and correct by the opposite parties and not disputed.

9.      The complainant  has sent an e-mail dated 04.09.2017 to the opposite parties requesting to cancel his membership and refund the membership amount of Rs. 90,000/-  in his e-mail the complainant has clearly mentioned that he is under cool off period as described in terms and conditions under clause 31 issued by opposite parties.

10.     In the terms and conditions clause 31, of the agreement it clearly says that “ There shall be a cool-off period  of 10 days from the date of  signing 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 (3,800/-) 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 customer care , 4^th Floor, Asian building ,  Begumpet, Hydrabad-500016 through registered speed post or e-mail to ” under any circumstance” the complainant had been sending e-mails requesting for cancellation and refund of membership fee. Opposite parties have replied through e-mail accepting their inconvenience and agreeing to refund within one month. This shows that the complainant has acted according to terms and conditions and is eligible for coot off period and refund of membership amount but opposite parties have not responded to the complainant this indicates that opposite parties have caused “unfair trade practice” and are liable to refund amount by deducting administrative charges of Rs.3,800/-out of Rs.90,000/-of the membership amount. Hence, point no.1 is answered partly in the affirmative.

      Point no.2:- In view of the above observations, we proceed to pass the following.

:: ORDER ::

1. The complaint is allowed in part.
2. The opposite parties are jointly and severally liable to refund amount by deducting administrative charges of Rs.3,800/-out of Rs.  Rs.90,000/- of the membership amount to the complainant with interest at 10% p.a within the period of 3 months from the date of this order till payment and the opposite parties also liable to pay a sum of Rs. 5,000/- towards cost of litigation
3. Furnish the copy of order to both parties at free of cost.