Tamil Nadu

South Chennai

CC/191/2014

Prof.Dr.S.Mani - Complainant(s)

Versus

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

T.Ravi Kumar

18 Mar 2019

ORDER

                                                                        Date of Filing  : 25.03.2014

                                                                          Date of Order : 18.03.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP. : MEMBER

 

C.C. No.191/2014

DATED THIS MONDAY THE 18^TH DAY OF MARCH 2019

                                 

Prof. Dr. S. Mani,

S/o. Mr. P.S. Srinivasan,

E-6, Vasanth Apartments,

Bypass Road,

Velachery,

Chennai – 600 042.                                                     .. Complainant.                                                  

         ..Versus..

Country Club India Pvt. Ltd.,

Country Club Kool,

Represented by its Director,

#6-3-1219/A, Begumpet,

Hyderabad – 500 016.                                               ..  Opposite party.

 

Counsel for the complainant      : M/s. T. Ravi Kumar

Counsel for the opposite party  : M/s. C.N. Niranjan & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 prays to withdraw the bills demanding for Annual Administrative charges and also confirm that no such bill shall be raised in future, to confirm that the complainant is free to continue his Life Membership without paying any Administrative or Maintenance or any such charges that are unrelated to the complainant availing the services such as entertainment, games & sports, food & catering etc in the premises of the opposite party anywhere in India, to confirm that the Life Membership of the complainant is transferable  to any party of the complainant’s choice, to pay a sum of Rs.50,000/- towards the physical strain and mental agony suffered by the complainant in fruitlessly trying to convince the opposite party to see reason in complainant’s grievance with cost of Rs.10,000/- to the complainant.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that he enrolled as a Life Member No.CNLM995 in the opposite party’s club in the year 2000-2001 after submitting the duly filled up application form.  The complainant also paid a sum of Rs.20,000/- towards the Life Membership.  When the complainant submitting the duly filled up Application Form in the year 2000-2001, he had read over the instructions clearly and discussed with the opposite party’s representatives and found that there is no admission charges or maintenance charges to the permanent members of the opposite party’s club.   The complainant submits that the opposite party sent a letter dated:02.02.2005 demanding to pay the administrative charges at the rate of Rs.800/- for which, the complainant sent a reply dated:06.04.2005 to the opposite party he had not made any written communication to pay such a fee.  Thereafter, the complainant repeatedly contacted the opposite party claiming exemption from paying the annual charges.   He had also asked the opposite party to send him a copy of the application.  After several letters and phone calls by the complainant, the opposite party sent a Xerox copy of the application below his photograph the complainant now found the words “Annual Administrative Charges payable at Rs.800/- or as amended from time to time”. But this clause was not there in the application filled by the complainant at the time of enrolment as Life Member.   The opposite party kept quiet for 5 years and suddenly asked for Annual Administrative Charges which are illegal and contrary to the terms and conditions mentioned in the application.   The act of the opposite parties amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.    The opposite party states that the complainant had become a life member of the opposite party’s club in the year 2000 vide membership number CNLM995 by signing an application.   The complainant in the application had agreed to become a member of the club as laid down by the Rules & Regulations / Bye Laws of the club.  The opposite party states that at the time of becoming the member clearly specifies Annual Administrative charges payable at Rs.800/- or as amended from time to time and this clause is found in every application of all the other members of the opposite party club.  The opposite party states that the complainant is not demanding for administrative charges for 5 years does not amount to permanent waiver and as such the complainant is bound by the rules and regulations/Byelaws of the club under which the complainant is bound to pay the Administrative charges.  The opposite party states that such a clause was there in the application form even at the time when the complainant had filled up his application at the time of enrolment of his life membership with the opposite party.  Therefore, there is no deficiency in service on the part of the opposite party and hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A18 are marked.  In spite of sufficient time is given, the opposite party has not filed his proof affidavit and documents to prove the contentions raised in the written version and hence, it is treated that the opposite party has ‘No Proof Affidavit’ and so, the proof affidavit of the opposite party is ‘Closed’.

4.      The points for consideration is:-

1. Whether the complainant is entitled to the relief of withdrawal of annual administrative charges by the opposite party as prayed for or alternatively, the complainant is entitled to continue the membership with annual administrative or maintenance or any such charges such as entertainment, games & sports, food & catering etc as prayed for?

 

2. Whether the complainant is entitled to hold the life membership as transferable with a compensation of Rs.50,000/- for mental agony and with a cost of Rs.10,000/- as prayed for?

5.      On point:-

The opposite party after entering appearance filed his written version and thereafter, failed to file proof affidavit and documents to prove the contention raised on the written version.   The complainant  filed  his written arguments.  Heard the complainant’s Counsels also.  Perused the records namely the complaint, written version, proof affidavit and documents of complainant.  The complainant pleaded and contended that he enrolled as a Life Member No.CNLM995 in the opposite party’s club in the year 2000-2001 after submitting the duly filled up application form as per Ex.A1.  The complainant also paid a sum of Rs.20,000/- towards the Life Membership as per Ex.A2.  When the complainant submitting the duly filled up Application Form in the year 2000-2001, he had read over the instructions clearly and discussed with the opposite party’s representatives and found that there is no admission charges or maintenance charges to the permanent members of the opposite party’s club.  But on a careful perusal of Ex.A1, Application Form, it is very clear that the complainant applied for a permanent membership on 31.12.2001.  It is also very clear in Ex.A1 that “Annual Administrative charges payable at Rs.800/- or as amended from time to time” proves that the complainant is liable to pay the annual charges of Rs.800/-.  Further the contention of the complainant is that on 02.02.2005, the opposite party sent a letter dated:02.02.2005 as per Ex.A4 demanding to pay the administrative charges at the rate of Rs.800/- for which, the complainant sent a reply dated:06.04.2005 as per Ex.A5.  Thereafter, the complainant repeatedly contacted the opposite party claiming exemption from paying the annual charges.  But the opposite party once again demanded to pay a sum of Rs.882/- including Service Tax as per Ex.A7.  Thereafter, the complainant was requested to renew the Membership as per Ex.A9.  The opposite party also claiming bills towards administrative charges as per bills, vide Ex.A10, Ex.A13 etc.  But the complainant has not paid the amount and filed this case.  The complainant has not produced any iota of evidence to prove that he is exempted from payment of annual charges.  Equally, the claim of transfer of membership also has not been proved by the complainant in this case.  Considering the facts and circumstances of the case this Forum is of the considered view that this complaint has to be dismissed.

In the result, this complaint is dismissed.  No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 18^th day of March 2019. 

 

MEMBER                                                                  PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1		Copy of application for Life Membership (Altered Xerox copy sent by the opposite party)
Ex.A2	05.01.2001	Copy of receipt
Ex.A3	31.07.2004	Copy of letter from the opposite party
Ex.A4	02.02.2005	Copy of letter regarding Administrative charges
Ex.A5	06.04.2005	Copy of letter demanding copy of application form along with courier slip
Ex.A6	12.08.2005	Copy of letter from the complainant
Ex.A7	25.11.2005	Copy of bill demanding AAC
Ex.A8	23.12.2005	Copy of letter of the complainant to IP
Ex.A9	01.04.2009	Copy of letter for renewal
Ex.A10	01.04.2009	Copy of bill
Ex.A11	13.04.2009	Copy of letter from the complainant demanding withdrawal of bills
Ex.A12	27.07.2009	Copy of letter from the complainant
Ex.A13	02.03.2010	Copy of bill
Ex.A14	08.03.2010	Copy of letter from the complainant
Ex.A15	27.09.2010	Copy of letter from the complainant and acknowledgement
Ex.A16	31.01.2011	Copy of letter from the complainant and acknowledgement
Ex.A17	05.04.2013	Copy of demand for arrears of AMC charges
Ex.A18	03.07.2013	Copy of notice with acknowledgement

 

OPPOSITE PARTY SIDE DOCUMENTS:-  No Proof Affidavit

 

 

MEMBER                                                                  PRESIDENT