Date of Filing: 12/12/2014
Date of Order:14/06/2017
ORDER
BY SRI.SYED ANSER KHALEEM, PRESIDENT
1. The complainant has filed this complaint U/S 12 of the Consumer Protection Act, 1986 against the opposite parties for (hereinafter referred in short as O.Ps) alleging deficiency in service on the part of O.Ps and praying for orders to direct the OPs for the following reliefs:-
i). To refund a sum of Rs.70,000/- paid by the complainant.
ii). To pay a sum of Rs.1,40,000/- as a compensation for mental agony,
iii) To pay Rs.15,000/- towards travel and conveyance expenses etc.,
iv). To pay a sum of Rs.7,500/- towards cost of litigation.
2. The brief facts of the complaint are that, the complainant had purchased the membership of country club on 10.08.2013. It is stated that the sale executive of the OP club offered to send the membership of the category Billionaire Classic Card Club Membership Package which would cost of Rs.70,000/- with the standard benefits such as five yearly 6 nights 7 days each year of free holiday stay at any of country club resorts or its affiliates in the room type Blue Studio with other membership facilities such as life time club membership, use of country club fitness centre. It is stated that though complainant is not keen to take the membership but the OP executive induced take membership by offering additional facilities like additional bonous holidays package of 6 nights and 7 days stay at any country club, cash back of Rs.2,000/- for next five months and they by reducing the net cash cost the complainant Rs.60,000/- for the said membership or to provide equivalent petrol / fuel vouchers or flight tickets worth Rs.10,000/- whichever as would be more prepared by the complainant, and 30 number of spa vouchers which may be used at their club. Hence the complainant took the membership i.e., Billionaire Premium Card Membership and paid Rs.10,000/- through his credit card and the balance of Rs.60,000/- through EMI facilities and each EMI consist of Rs.5,000/- for 12 months. Complainant states that as per the promise OPs are not given the additional benefits promised by the OP executive, but the OP kept on assuring the additional benefits but the complainant did not they received the additional benefits as promise. Hence the complainant alleged that due to deficiency service of the OP complainant suffered loss of time, money and undesired mental peace and caused mental agony. Hence this complaint.
3. Upon issuance of notice O.Ps appeared through its counsel and filed its version. In the version of O.Ps it is contended that the complainant has purchased the Billinaire Gold membership by paying an amount of Rs.70,000/- and hence he can avail club facilities and can also avail holiday vacation for 6 nights and 7 days for 5 years. Further member can utilise service as per the purchase agreement and he as to pay annual maintainace charge of Rs.4,794/- to the OP and the package includes club membership, access to entertainment, events and amusement facilities and all facilities. It is further contended that as per the terms and condition of the Billionaire membership agreement is valid for only complainant, complainant spouse and his children under the age of 25 years and the parents of the complainant can avail the club facilities by paying for an additional amount of Rs.2,000/- towards annual maintenances charge is applicable. It is also clearly mentioned in the agreement that the vacation membership is for two adults and two children below 18 years and if it children are above 18 years extra bed will be provided on the payment of applicable charges and same is varied depending upon location and eligibility. Since the above said application are not applicable to the parent of the complainant. Further contended that the complainant by knowing the all facilities had taken the membership of the club. As per the club membership purchase agreement dated 17.08.2013, the membership fee is under any circumstance and that the membership fee is not a deposit. It is also contended that after payment of initial fee, the complainant had availed of the hospitality service provided by the OP. It is contended that the complainant having utilized all the service provided by the OP has filed this complainant by making false and baseless of the OP. Hence OP contended there is no deficiency in service on the part of the OP. Ultimately this OP contended that complainant is unsustainable both in law on fact and prays for dismissal of the complaint with cost.
4. In order to substantiate the case of the parties and both the parties have filed their affidavit evidence and also heard the arguments.
5. On the basis of the pleadings of the parties, the following points will arise for our considerations are:-
(A) Whether the complainant has proved
deficiency in service on the part of the O.Ps?
(B) Whether the complainant is entitled to
the relief prayed for in the complaint?
(C) What order?
6. Our answers to the above points are:-
POINT (A) & (B): In the Negative.
POINT (C): As per the final order
for the following:
REASONS
POINT No. (A) & (B):-
7. On perusing the pleadings of the parties it is not in dispute that the complainant had purchased the membership of the O.P club through Billionaire Vacations agreement dated 17.8.2013. On perusal of the purchase agreement the it reveals that Billionaire Classic Card Club Vacations is a stay for a period of 6 nights and 7 days per year at CCIL properties within India for the next five years from the date of registration of the agreement and for Billionaire premium vacation a stay for period for 6 nights and seven days per year for the next 10 years from the date of registration of the agreement and for Billionaire Gold vacation a stay for a period of 6 nights and 7 days per year for the next 30 years from the date of registration of the agreement. It is worth to note that on perusal of covenant of purchaser as per clause 26 it reads thus: “second party has understood the benefit available under the vacation scheme which more particularly listed out in this agreement. Second party further understands that no benefits other than those listed in this agreement will be available to second party.” If such being the case the oral pleadings and the complainant contention cannot be accepted that the O.P intends to offer the facilities regarding cash back of Rs.2,000/- for the next five months totalling to Rs.10,000/- 30 spa vouchers and additional bonus holiday packages etc and all these facilities not covered under the purchase agreement.
8. Further on over all perusal of the complaint and evidence placed before this Forum, the complainant allegations revolving round the additional benefits stated above and by believing the words of representative of the executive of the O.p had taken the membership. The complainant being an educated person he ought to have gone through the purchase agreement and as per the purchase agreement O.ps issued the membership card to the complainant, for any reasons if the complainant dissatisfied with the contents of the agreement he had an option at the spot to cancel the service of membership. According to membership the complainant can enjoy the facilities to enjoy for himself and to his wife and children below 18 years. Obviously if elders like parents accompanied the complainant and he has to pay additional bed charges and the O.P rightly contended in its version. Further as per the terms of the agreement membership is not refundable and complainant is at liberty to enjoy the benefits and the O.Ps has to provide service to the complainant without any hindrance as per the purchase agreement. Therefore, all the objections of the complainant without supporting evidence or the documents and hence there is no force in such objections of the complainant.
9. On the basis of available evidence on record and in the light of above discussion we reached to conclusion that the complainant failed to establish the deficiency in service on the part of the O.ps and hence complainant is not entitled for any relief as sought in the complaint. Hence the complaint is dismissed. Accordingly, we answered these points (A) and (B) in the Negative.
POINT No. (C):-
10. On the basis of answering the Points (A) & (B) in the negative, we proceed to pass the following:-
ORDER
1. The complaint is dismissed. No order as to cost.
2. Send a copy of this order to both parties free of cost.
(Dictated to the Stenographer, transcribed and computerized by him, corrected and then pronounced by us in the Open Forum on this the 14th Day of June 2017)
MEMBER MEMBER PRESIDENT
*RAK
