Delhi

East Delhi

CC/406/2013

DILIP KR. KASHYAP - Complainant(s)

Versus

COUNTRY CLUB - Opp.Party(s)

20 Mar 2018

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

 

C.C. NO.  406/13

 

1. Dr. Dilip Kumar Kashyap

R/o Flat NO. G-3

Plot No. 617, Sector-1

Vaishali, Ghaziabad – 201 010                                    ….Complainant

Vs.

M/s. Country Club India

Through its Proprietor

Country Vacations

C-55, 1^st Floor

Near Metro Sttion & P.C. Jewellers

Preet Vihar, Delhi – 110 092                                             …Opponent

 

Date of Institution: 15.05.2013

Judgement Reserved on : 22.03.2018

Judgement Passed on: 26.03.2018

 

CORUM:

Sh. Sukhdev Singh (President)

Dr. P.N. Tiwari (Member)

Ms. Harpreet Kaur Charya (Member)

 

Order By: Sh. Sukhdev Singh (President)

 

JUDGEMENT

            This complaint has been filed by Dr. Dilip Kumar Kashypa against M/s Country Club India (OP) under Section 12 of the Consumer Protection Act, 1986 with allegations of deficiency in service. 

2.         The facts in brief are that complainant Dr. Dilip Kumar Kashyap  took membership of M/s. Country Club India (OP) on 22.01.2012 vide membership no. CVGZ1V10LB102655 and paid an amount of Rs. 50,000/- vide cheque no. 000017 dated 20.01.2012 and Rs. 15,000/- vide ICICI Bank transaction no. 20120122191113/0 dated 23.01.2012.

            It was stated that complainant had not availed even a single holiday, but OP was harassing the complainant to pay AMC annual charges through repeated telephonic calls while the complainant was busy in attending patients.  The complainant was not satisfied with the membership and services of OP which was hurriedly handed over to him by showing false lucrative package and making false promises. 

            Legal notice dated 05.03.2013 was sent by the complainant to OP which was not replied.  Hence, the complainant has prayed for directions to OP to refund the amount of Rs. 65,000/-; Rs. 1,00,000/- compensation on account of mental agony, harassment and financial loss and Rs. 21,000/- towards cost of litigation.   

3.         In reply, OP has taken various pleas such as the complainant was never harassed to pay the AMC.  In the agreement, it was clearly mentioned that AMC was required to be paid on time and that the AMC shall be applicable from the time of enrollment of membership.

            It was stated that the complainant had booked his holidays at Goa (Country Club Royale Assagoa) from 15.06.2013 to 18.06.2013 and received the confirmation for the same, but he did not avail the same as he was not willing to clear his dues with regard to Annual Maintenance Charges (AMC).  The complainant himself was at fault by not paying the Annual Maintenance Charges, as mentioned in the clause 3 of Annexure 2 under Terms and Conditions of Membership Agreement and was trying to extort money from OP.

            It was further stated that the membership fee was non refundable as mentioned under Recitals Section of the Membership Agreement.  Other facts have also been denied.       

4.         Rejoinder to the WS was filed by the complainant where the contents of the WS have been denied and has reaffirmed the averments of his complaint.

5.         In support of its complaint, the complainant have examined himself.  He has deposed on affidavit.  He has narrated the contents of the complaint.  He has also got exhibited documents such as copy of payment (Ex.C-1), copy of legal notice and its postal receipts (Ex.C-2 and C-3) and communication details with OP (Ex.C-4).

            In defence, M/s. Country Club India (OP) have examined Shri Bharat Reddy, Legal Officer of OP, who have deposed on affidavit and reiterated the contents of the reply.  He has also got exhibited documents such as authorization letter (Ex.OP/1), copy of agreement (Ex.OP/2), photography of the website showing the properties of OP (Ex.OP/3), booking voucher (Ex.OP/4)

6.         We have heard Ld. Counsel for the parties and have perused the material placed on record.  It has been argued on behalf of Country Club of India (OP) that there has been no deficiency on the part of OP as the complainant has not availed any service to substantiate this fact.  Further, they have argued that complainant have sought the membership by executing an agreement, the terms and conditions of which were binding on both the parties.

            On the other hand, Ld. Counsel for the complainant have argued that he was entitled for refund of membership fee as he was not satisfied with the services of OP. 

            If the evidence on record as well the documents are perused, it is noticed that the complainant have executed an agreement for availing the services and one of the condition, put in the purchase agreement has been that membership fee was non-refundable. 

            The fact that membership fee was non-refundable, the question of refund of membership fee does not arise.  Not only that, no deficiency has been alleged in the complaint, made by the complainant.  That being so, the complaint is devoid of any merit which deserves its dismissal and the same is dismissed.  There is no order as to cost.

          Copy of the order be supplied to the parties as per rules.

            File be consigned to Record Room.

 

(DR. P.N. TIWARI)                                              (HARPREET KAUR CHARYA)

Member                                                                                Member    

 

            (SUKHDEV SINGH)

             President