DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II
Udyog Sadan, C-22 & 23, Qutub Institutional Area
(Behind Qutub Hotel), New Delhi-110016
Case No.156/2015
Dr. Deepak Kumar
E-157, Masjid Moth,
Greater Kailash-3,
New Delhi-110048 ….Complainant
Versus
Country Club (India)
CG-06, Ansal Plaza, Hudco Place,
Khel Gaon Marg,
New Delhi-110049
Also at:
25 Community Centre, UG Floor, East of Kailash,
Near Sapna Cinema,
New Delhi-110065
Also at:
6-31219 Begumpet,
Hyderbad-500016 ….Opposite Party
Date of Institution : 05.06.15 Date of Order : 06.12.17
Coram:
Sh. N.K. Goel, President
Ms. Naina Bakshi, Member
ORDER
Briefly stated, the case of the complainant is that his children filled lucky draw coupon of the OP at Food Court Nehru Place. On the next day, the OP called his children and informed that they had won the lucky draw and needed to collect the prize from the Ansal Plaza Office of the OP. The complainant alongwith his family visited the office of the OP and met Ms. Sony who had wrongly counselled them that the OP were offering free stay of 7 days and 6 nights each year in a chain of more than 1000 five star hotel destinations in India and abroad. She also told that one time cash payment has special discount of more than Rs.70,000/- and membership processing starts after full payment and takes one month as it is completed by its Hyderabad branch. The representative of OP made him to sign some papers as they told that it is required to process for the membership to be completed in one month. The complainant believed her and paid her Rs.11,500/- (sic) by credit card and gave a cheque of Rs.1.10 lacs and thus, he paid a total sum of Rs.2.25 lacs to the OP. It is submitted that after opening the website of OP he was shocked to know that there was no 5 star destination of OP in India and abroad. He immediately called up the OP staff including branch and regional offices on mobile, emails and personally visited the OP’s office at Ansal Plaza and directed them to stop to process the membership as he was not interested to become a member and requested to refund the amount of Rs.2.25 lacs paid by him. The complainant was informed that it will take week’s times for processing to refund the money but the OP did not refund the amount on one pretext or the other. It is stated that the complainant has not received any membership card or availed any benefit or received any amount. He has been harassed and has no option but to approach this Forum for getting back the money. Hence, the complainant has filed the present complaint for issuing direction to the OP to pay Rs.5 lacs to him as compensation.
OP in the written statement has inter-alia stated that the complainant had visited the OP on his own desire without any inducement and/or misrepresentation. He was handed over the brochure and was taken through the services so that he may satisfy himself before buying a product/membership. After careful deliberation and on being thoroughly satisfied with all the terms and conditions enumerated as well as after going through the fine print of the agreement and understanding the benefit of the membership offered by the OP he finally decided to purchase a membership of the OP which was worth Rs.2,55,000/- and was offered to the complainant at a discounted price of Rs.2,25,000/-. The complainant, without any coercion or inducement, voluntarily paid the entire membership fee and accordingly he was allotted a membership No.CCDL11CLUB30LR20049. It is submitted that the complainant was entitled to the services which were set out in the agreement that was affirmed and signed by the complainant. The complainant was eligible for availing 6 nights and 7 days’ vacation every year for 30 years in red season. The complainant’s grievance regarding non-availability of five star properties is an afterthought inasmuch as the complainant was informed in unambiguous words about the nature of the properties which are available to the members of the OP. The complainant was also shown pictures of the properties as well as the information about such properties which are also available freely on the internet. It is stated that the membership fee is a non-refundable deposit. Reliance has been placed on clause 10 of the Membership agreement which reads as under :-
“10. The Second Party understand that THE MEMBERSHIP FEES IS NON-REFUNDABLE UNDER ANY CIRCUMSTANCES and that THE MEMBERSHIP FEE IS NOT A DEPOSIT.”
OP has prayed for dismissal of the complaint.
No replication has been filed. However, some written submissions have been filed on behalf of the Complainant on 19.01.16. AR (wife) of the complainant made a statement to the effect that she does not want to file further documents.
Affidavit of Sh. Bharat Reddy, Legal Officer has been filed in evidence on behalf of the OP.
Written arguments have been filed on behalf of the OP.
We have heard the arguments on behalf of the parties and have also gone through the file very carefully.
Admittedly, the complainant had purchased a membership from the OP for an amount of Rs.2,25,000/-. We mark the document as Mark -A for the purposes of identification.
According to the complainant himself, he along with his wife had gone to collect the free prize from the OP at the Ansal Plaza office / branch of the OP. Thus it was the unpious desire for a FREE gift of the complainant himself that had taken him to Ansal Plaza office of the OP.
He is a highly educated person. According to him, he is a General Surgeon, working in Ministry of Health, Riyadh, KSA. Therefore, such a person cannot easily be lured into believing anything by anyone including the OP. He could have very easily understood that no one ever offers or gives free prizes/ gifts without the hidden motive behind the offer. Despite knowing or having all reasons to believe all these things by use of even little prudence he could have easily understood these facts.
However, the temptation of collecting a free prize from the OP ultimately led him to enter into an agreement with the OP.
It is not the case of the complainant that the officials of the OP had not allowed him to read the club membership purchase agreement or the vacations agreement executed between him and the OP on 08.12.2014 which are mark as Mark-Y and Mark-Z respectively for the purposes for identification.
Therefore, we are inclined to hold that the complainant had executed these two agreements out of his free will and consent and no amount of force or undue influence had been used by the OP on him to execute the same.
The case of the complainant in the written submissions filed on 19.01.2016 is that nobody had informed him that the amount to be deposited by him was non refundable money payment. We do not agree with him since he had himself signed the document out of his free will and consent. Now, he cannot be heard to say that he was not apprised of any such clause.
The contention of the complainant that the OP’s representative had offered him free stay for 7 days and 6 nights each year in a chain of more than 1000 five star hotel destinations in India and abroad has also no legs to stand because in the club membership purchase agreement, there is clause No. 3 which reads as under:-
“3. As of 2014 we have over 40 own/ leased Country Clubs and Country Club Fitness in India at Ahmedabad (2) Bengalore(7), Chandigarh, Chennai (4), Cochin, Coimbathore, Delhi NCR (3), Hyderabad (2), Hubli, Indore (2), Jaipur (2), Kolkata (2), Lucknow, Mangalore, Mysore, Mumbai (7), Nagpur, Pune (4) Surat. This list is exhaustive and CCIL is not located is any other location. For further information please visit our website at www. coutnryclubindia.net.”
Therefore, it is crystal clear that the complainant had taken the membership from the OP with the knowledge that except the clubs mentioned in the club membership purchase agreement OP had no other resort or club in 2014.
We have carefully gone through the terms and conditions of the membership agreement. The conditions are one sided and are absolutely in favour of the OP. Not even a single clause in the agreement gives any benefit/ right to the purchaser/ intended purchaser.
There must have been included at least one clause in the agreement whereby the purchaser must have been given a right to cancel the membership within a particular period though subject to some conditions and deductions but, however, no such liberty has been afforded to the customer/ consumer in this regard. Agreement is thus not conscious and justified to that extent.
In the present case, within a few days from the date of execution of the agreement in question complainant had made a request to the OP to cancel his membership and to refund his money. However, the OP did not respond. The complainant had not availed any service of the OP. Therefore the OP must have considered the request of the complainant to refund the amount paid by him after making some deduction. However, as stated hereinabove, no such freedom had been given to the complainant in the one sided agreement which contained total beneficial stipulations in favour of the OP.
Thus, in our considered opinion, it amounts to unfair trade practice on the part of the OP.
Therefore we hold the OP guilty of deficiency in service and unfair trade practice so far as providing no option to the member to cancel the membership within a reasonable time subject to some deduction is concerned. OP must have incurred some amount of money towards administrative charges. The complainant himself was negligent to a great extent in the completion of the transaction. Keeping in view the above facts discussed hereinabove, we allow this complaint and direct the OP to pay sum of Rs.1,75,000/- in lumpsum to the complainant including compensation and cost of litigation within 30 days of receipt of copy of this order, failing which the OP shall become liable to pay interest @ 6% p.a. on the amount of Rs.1,75,000/- from the date of filing of complaint till 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 06.12.17.
