CONSUMER DISPUTES REDRESSAL FORUM – X
GOVERNMENT OF N.C.T. OF DELHI
Udyog Sadan, C – 22 & 23, Institutional Area
(Behind Qutub Hotel)x
New Delhi – 110 016
Case No. 135/2011
SHRI AKSHAY GOEL
R/O C/O MENTOR GRAPHICS (INDIA) PVT. LTD.
LOGIX TECHNO PARK, BUILDING NO. A
PLOT NO.5, SECTOR -127, NOIDA U.P
………. COMPLAINANT
Vs.
- COUNTRY CLUB INDIA LTD.
25, COMMUNITY CENTRE,
UPPER GROUND FLOOR,
EAST OF KAILASH,
NEAR SAPNA CINEMA
NEW DELHI
- COUNTRY CLUB
127-128, FIRST FLOOR
TRIBHUNA COMPLEX,
NEW FRIENDS COLONY,
MATHURA ROAD, NEW DELHI
- CENTRAL CUSTOMER CARE
7-1-19/B, PAGIDI NALAYAN,
OPP TO COUNTRY CLUB,
BEGUMPET, HYDERABED
………….RESPONDENTS
Date of Order: 12/12/2018
O R D E R
Ritu Garodia-Member
The complaint pertains to deficiency in service on part of OP in providing membership.
It is stated that the complainant was assured that he will get free membership under 1+5 offer. He was further assured by Mr. Neeraj Ranjan, employee of OP that the complainant was no longer under obligation to give 5 introductions. After sometime he was informed by Mr. Neeraj Ranjan that the rules are changed and the complainant’s membership is downgraded to CK-27. He was also assured that the refund will be adjusted in the membership.
Subsequently, the complainant was asked to pay Rs.1,00,000/- with the promise that the same will be refunded within 10 to 15 days. After twenty days, the complainant was informed that the demand draft of refund was ready but as the CMD was out of town, he will get his demand draft within a week.
After fifteen days the complainant was informed that the cheque for one of the references was dishonoured. The complainant pursued OP for cancellation of memberships due to false assurances. Correspondences were exchanged between the parties. The complainant prays for refund of his principle sum along with compensation. The complainant has filed offer letter from OP, correspondence between the parties, receipt for 1,00,000/- and an application for the membership.
OP in its reply has stated that the as per the membership agreement the jurisdiction lies with Hyderabad Court. It is also stated that there is an arbitration clause and consumer complaint is not maintainable.
It is admitted that the complainant took his membership through their representative Mr. Neeraj Ranjan. The OP has categorically denied any membership under 1+5 offer to the complainant. OP has also denied that the complaint was under no obligation to give five introductions. It is submitted that the complainant himself has sent a letter to OP Company to downgrade the membership on account of financial problem. OP has denied any promises for refund or adjustment of refund.
It is submitted that there was a scheme in which a person taking membership could introduce five more members and his membership fee would be refunded after deduction of taxes. However, out of 5 references given by the complainant the cheques for two members introduced by the complainant got dishonoured. The conditions of offer was not fulfilled.
We have perused the pleadings and documents filed by both the parties. It is admitted by both the parties that the complainant was offered a scheme. The letter signed by OP to complainant runs as under:
To,
Mr. Akshay Goyal
Mr. Cool CK 27 RCI
(Membership fee:Rs 1,25,000/-)
Gifts from Country Club:
- Life time Membership, Spouse, Parents & Children below 25 years.
- We have 48 operational clubs in India, apart from this we have 170 affliction & 155 Franchises in India and Abroad.
- Accessible to 350+clubs & CK-27 Club across the nation.
- Lifetime free event passes.
- Free one way air ticket for Couple.
- 2 nights and 3 days complimentary stay for 5 years across the country at our country club properties only. Food & Beverages extra.
- One plot of 2000Sqft. At Kodaikanal. Under Mgm scheme.
- You will get one extra plot 1089 sqft at Bangalore under MGM scheme.
- RCI Membership. ( 7 days and 6 nights) stay free through the RCI Membership under Mgm scheme.
- EMI option available with (HDFC-36, ABN AMRO-36, SBI-24, AXIS-12 on )% interest available).
- Under ek ka panch (1+5) scheme if you will introduce five members then your membership will free only services tax will be deduct.
The second letter by OP to the complainant runs as under:
Date:
To,
Mr. Akshay Goel,
Membership No......
Subject:
We congratulate you, for your MGM scheme has been complete, as you know you have paid Rs.1,00,000/- against of your membership now you are entitled for your RCI.
So please wait for your RCI card that will dispatch soon.
Enjoy your membership,
Your Reference is given below,
- Ritesh Khanna
- Rajeev Mehta
- Nirbhay Anand
- Saurabh Gupta
- Sanjay Malhotra
Thanking You,
For country Club (India) Ltd.
These letters clearly shows that the complainant will get free membership if he introduces five members. The subsequent letter shows five references given by the complainant. Another letter by OP to complainant runs as under:
To,
Akshay Goel
I am offering CGP-RCI membership for Rs.1,00,000/-(One Lakh Rupees)
I have received Rs.1,00,000/-(one Lakh) towards CGP RCI membership from Akshay Goel under MGM Scheme.
The scheme is valid for residents of Delhi/NCR/Haryana. I have received 5 (five) references under MGM scheme.
I assured you that under ek ka panch (1+5) scheme, only service tax (12:3%) i.e. Rs. 12,300 approx will be charged under MGM Scheme and remaining amount around 88,000 must be credited to your account by August 2009.
Under this MGM Scheme you will get 2 plot on in Kadaikunal and one in Bangalore.
This letter clearly shows that OP has received five references under scheme and the principle amount after deduction of taxes would be credited to the complainant’s account. This scheme clearly specifies that the introductions of five members are required for free membership. It nowhere says that the new five members have to pay their fees or in case of any default by the five members who were introduced, the membership will not be free. There are no riders or conditions attached to the scheme.
OP has also admitted that it has received five introductions from the complainant and Rs.88,000/- would be refunded by August 2009. No credit of Rs.88,000/- has been made till date. The subsequent stand of OP that cheque by one of the reference got dishonoured leading to non-refund to complainant is wholly misconceived and untenable. The whole scheme and conduct of OP amounts to misrepresentation and deliberate deception.
All the correspondence by OP was made from its office in East of Kailash, and Hauz Khas, Delhi. The membership was taken through Mr. Neeraj Ranjan, admitted representative of OP in Hauz Khas. The receipt for membership fee was generated by OP’s office in East of Kailash. Hence cause of action arose in Delhi which is within territorial jurisdiction of this forum.
It is settled preposition of law that arbitration clause in agreement does not take away jurisdiction of consumer fora.
Hence we find OP indulging in unfair trade practice by not providing free membership under the scheme and direct it to refund Rs.1,00,000/- with interest @ 9% p.a. from the date of filing of the complaint till payment. We also award compensation of Rs.10,000/- for harassment and Rs.5,000/- for litigation expenses.
Let the order be complied with within one month of the receipt thereof. The complaint stands disposed of accordingly.
Copy of order be sent to the parties, free of cost, and thereafter file be consigned to record room.
(RITU GARODIA) (H.C SURI) (A.S YADAV)
MEMBER MEMBER PRESIDENT
.
