DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

Harpal Singh s/o Sh. Tirliok Singh resident of #509, Phase-2, Sector 54, SAS Nagar, Mohali, Punjab -160055.

                                      ---Complainant.

Versus

1.                 Country Club (India) Ltd. (through its Chairman and Managing Director), 8-2-703, 3^rd Floor, Silver Roack, Amrutha Valley, Road No.12, Banjara Hills, Hyderabad 500034.

2.                 Regional Director, Country Club (India) Ltd., 8-88/1, 1^st Floor, New Arbindo Marg, Adhchini, New Delhi-110017.

Alternative address :

No.25, 1^st Floor, Community Centre, East of Kailash, New Delhi-110065.

3.                 Puneet Chauhan, Manager Sales & Marketing, Country Club (India) Ltd., 8-88/1, 1^st Floor, New Arbindo Marg, Adhchini, New Delhi-110017

---Opposite Parties.

BEFORE:  SHRI LAKSHMAN SHARMA                 PRESIDENT

                   SMT. MADHU MUTNEJA                       MEMBER

                   SHRI JASWINDER SINGH SIDHU       MEMBER

Argued by: Sh. Arun Kumar Batra, Adv. for the complainant

                        OPs exparte

PER LAKSHMAN SHARMA, PRESIDENT

1.                           Sh. Harpal Singh has filed this complaint under Section 12 of the Consumer Protection Act, 1986 (hereinafter referred to as the Act only) praying for the following reliefs against the opposite parties :-

(i)                To hand over the original receipt alongwith membership kit and complimentary gifts of LCD TV and food vouchers in terms of Annexure C-1.

(ii)             To change the mode of payment from single installment to 18 equal monthly installments of Rs.5,555/- and refund Rs.1.00 lacs after deducting the monthly installments.

(iii)           To pay accruable interest on Rs.1,00,000/- as the same was deducted in single installment.

(iv)           To pay compensation of Rs.1,00,000/-

(v)              To pay Rs.22,000/- as costs of litigation.

2.                           In brief, the case of the complainant is that on being persuaded by the opposite parties, he entered into an agreement on 12.3.2011 and purchased the “Affiliated Access” Country Club zing card with a complimentary country vacation holiday card. According to the complainant the opposite parties had also offered to provide discounted membership for residents of Chandigarh at a cost of Rs.1,00,000/- for studio occupancy, one week holiday as per classification for a period of thirty years, one LCD of Sony 32” as a complimentary gift with one complimentary trip for 7 days and 6 nights alongwith Rs.10,000/- worth food voucher vide approval code CHT-9603.   It has been pleaded that opposite party No.3 had promised to send the original receipt alongwith membership kit within 7 days and the complimentary gifts within next 15 days. 

                   It has further been pleaded that the complainant also gave authorization letter dated 12.3.2011 (C-2) to receive the amount of Rs.1,00,000/- in 18 equal monthly installments from his HDFC Bank credit card. However, contrary to the authorization, the opposite parties deducted the amount in single installment.  It has further been pleaded that the complainant also did not receive the membership kit and complimentary gifts as promised till the date.  He wrote an email dated 26.4.2011 followed by reminder dated 27.4.2011 in this regard.  He also sent a legal notice dated 29.6.2011, but to no avail. 

                   In these circumstances the present complaint has been filed seeking the reliefs mentioned above.

3.                           Opposite Party No.1 did not appear despite due service, hence it was proceeded against exparte.

4.                           Summons sent for service of opposite parties No.2 & 3 were received back with the report of refusal.  On the date fixed, none appeared on behalf of the opposite parties No.2 & 3, hence they were also proceeded against exparte.

5.                           We have heard the learned counsel for the complainant and have gone through the documents on record.

6.                           Annexure C-1 is the copy of the Purchase Agreement for vacation card executed between the parties on 12.3.2011. It has clearly been stated in this agreement that under the special offer for a resident of Chandigarh, the discounted membership cost was Rs.1,00,000/-.  It also included one Sony LCD of 32” and one complimentary trip with Rs.10,000/- food voucher.  Annexure C-2 is the authorization letter dated 12.3.2011 which proves that the complainant had declared to debit his HDFC credit card with Rs.1,00,000/- in 18 interest free EMIs towards the membership of Country Club.  This document was executed at Chandigarh. Annexure C-6 is the statement which proves that the amount of Rs.1,00,000/- was debited from account of the complainant on 12.3.2011 in favour of Country Club Mumbai.  Annexure C-3 & C-4 are the emails written to the opposite parties whereby the complainant lodged his grievance regarding non receipt of the membership kit and complimentary gifts as well as the deduction of Rs.1,00,000/- in one go instead of in 18 EMIs. 

7.                           In order to establish their case it was for the opposite parties to have put in appearance and lead evidence to controvert the pleas of the complainant.  However, they chose not to appear and were accordingly proceeded against exparte.

8.                           On the other hand, the complainant has filed his duly sworn affidavit in support of his averments which are also supported by the documents mentioned above.

9.                           In view of the above discussion, we are of the opinion that the present complaint needs to be allowed and the same is allowed accordingly.  The opposite parties are directed as under :-

(i)                To handover to the complainant the original receipt alongwith membership kit and complimentary gifts of LCD TV and food vouchers, as agreed, in terms of Annexure C-1.

(ii)             To change the mode of payment from single installment of Rs.1,00,000/- to 18 EMIs of Rs.5,555/- p.m and refund the balance amount to the complainant alongwith interest @ 9% per annum from the date of deduction i.e. 12.3.2011.

(iii)           To pay a compensation of Rs.30,000/- as compensation for mental agony and harassment caused to the complainant.

(iv)           To pay Rs.7,000/- as costs of litigation.

10.                       This order be complied with by the opposite parties, within 45 days from the date of receipt of its certified copy, failing which the amounts at (ii) & (iii) shall carry interest @18% per annum from the date of this order till actual payment besides payment of litigation costs.

11.                       Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

31.08.2012.

Sd/-

(LAKSHMAN SHARMA)

RESIDENT

Sd/-

 (MADHU MUTNEJA)

MEMBER

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER