Delhi

West Delhi

CC/12/612

RamaaSambamurty - Complainant(s)

Versus

Country Club (India) Ltd - Opp.Party(s)

05 Jul 2017

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)

                            GOVERNMENT OF NCT OF DELHI

  150-151 Community Centre, C-Block, JanakPuri, New Delhi – 110058

 

                                                                                     Date of institution:05.09.2012

Complaint Case. No.612/12                                           Date of order:05.07.2017

IN  MATTER OF

RamaaSambamurty D/o Sh. AVSS Sambamurty R/oB-702, KrishanKunj Apartments, Nasirpur,  New Delhi-110045.

Complainant

VERSUS

1.        Country Club (India) Ltd., TDI Mall, Rajouri Garden, New Delhi.

                                                                                                Opposite party no.1

2.        Country Club (India) Ltd., 25, Community Centre, East of Kailash, Near Sapna Cinema, New Delhi-110065.

Opposite  party no. 2

3.        Country Club(India) Ltd. , 18.2.703, Silver Oak, Amrutha Valley Road No.12, Banjara Hills, Hyderabad-500034.

Opposite  party no. 3

4.        Country Club(India)Ltd., 6-3-1219/A, 4^th and 5^th Floor, Begumpet,Hyderabad -500016.

Opposite  party no. 4

ORDER

R.S. BAGRI,PRESIDENT

            The present consumercomplaint under section 12 of the Consumer Protection Act is brought  by MsRamaaSambamurty named above  here in the complainant against  Country Club (India) Ltd. and another here in after in short referred as the opposite parties for directions to the  opposite parties  to payRs.  1,20,000/- paid by the complainant to the opposite parties, Rs. 1,00,000/- as damages,Rs. 11,000/- as expenses already incurred and Rs. 25,000/- as litigation expenseswith interest  of @ 18% p.a.

The brief relevant facts necessary for disposal of the present complaint as stated are that  on 31.08.2010 the complainant  purchased membership of the opposite parties on payment  of Rs. 1,20,000/- vide receipts No. DEL-1625,                 DEL-1626, DEL-1627 and DEL 1628 all dated 31.08.2010  ofRs. 30,000/- each on assurance of team members of the opposite parties that the membership  fee is refundable with minor adjustments. The opposite parties  issued letter No. CCIL/DEL/CC/A431 with membership Card  No. CC05DEL30L1225 valid upto 2040.

That  father of the complainant  suffered  paralytic stroke and she was in urgent need of funds , therefore,  vide email dated 19.11.2010 she requested  the opposite parties to cancel  the membership and refund the deposit  The  complainant  and her mother several times visited the opposite parties  and requested  them to refund the deposit  after minor adjustments but to no effect.  Hence,  the present  complaint for directions  to the opposite parties to payRs.  1,20,000/- paid by the complainant to the opposite parties,Rs. 1,00,000/- as damages, Rs. 11,000/- as expenses already incurred, Rs. 25,000/- as litigation expenses with interest  of @ 18% p.a.

             After notice the opposite parties appeared andfiled written statement while admitting that the complainant after going through and signature submitted an application with the opposite parties to purchase membership   and join the club. But asserted that in the application it is clearly mentioned that the membership fee is not refundable.  The complainant failed to pay the maintenance charges of Rs. 11,133/-,therefore, there is deficiency on her part  and   she is not entitled to utilize the membership and  is  also  not entitled for refund of the membership fee  and prayed for dismissal of the complaint.

 The complainant filed rejoinder to the reply of the opposite parties  while  controverting  their stand  and reiterated her stand taken in the complaint and once again prayed for the directions to the opposite parties.

When the complainant was asked to lead evidence by way of affidavit, she tendered in evidence her affidavit narrating facts of the complaint. She  also relied uponExhibits CW1/1 letter No. CCIL/DEL/CC/A431, Exhibit CW1/2 to CW1/5 receipts dated 31.08.2010 for sum of  Rs. 30,000/- each and Exhibit CW 1/6 membership card of the complainant.

            When the opposite parties  were asked to lead evidence by way of  affidavit, they tendered in evidence  affidavit of Sh. Sanjay Ghoshnarrating the facts of the reply.  They also relied upon Exhibit DW 1/1  agreement between the parties and Exhibit DW 1/1   application for the membership submitted by the complainant.

            We have heard learned counsel for the parties and have gone through the record  carefully and thoroughly .

            After having heard and gone through the record it is  common case  of the parties that the complainant  on 31.08.2010  applied for membershipof the  opposite parties vide application Exhibit  DW1/1, paid a sum of Rs. 1,20,000/-  as membership fee vide receipts Exhibit CW1/2 to CW1/5 and the  opposite parties issued membership card Exhibit CW 1/6  valid upto October, 2040

            Before proceeding further it is worthwhile to re-write para 1 ofExhibit             DW 1/1   application. Which runs as under:-

“ I wish to apply for a Country Club Membership.   I hereby  declare that in the event  of me  being selected, I will abide  by the Rules & Regulations in the agreement that follows and  abide by the By-Laws  of the club as amended from time to time .   The amount payable  is non- refundable  and is  not a deposit.”

          From bare reading ofpara 1 of Exhibit DW 1/1  application for membership  fee it is crystal clear that the amount of Rs.  1,20,000/-  paid by the complainant to the opposite parties as membership fee is non refundable. The complainant is not entitled for refund  of membership fee.  Therefore, there is no unfair trade practice and deficiency in service on the part of  the opposite parties. The opposite parties are not liable to  refund membership fee of Rs. 1,20,000/-.

          Resultantly there is no merit in the complaint. The same fails and is hereby dismissed.

            Order pronounced on :05.07.2017

• Copy of order be sent to the concerned parties free of cost.
• Thereafter, file be consigned to record.

                  

 

(PUNEET LAMBA)                                                              ( R.S.  BAGRI )

                      MEMBER                                                                   PRESIDENT