Chandigarh

DF-I

CC/1068/2019

Meenakshi Sharma - Complainant(s)

Versus

Country Club - Opp.Party(s)

In Person

15 Dec 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/1068/2019
Date of Institution	:	18/11/2019
Date of Decision	:	15/12/2022

 

 Meenakshi Sharma aged 55 yrs wife of Sh. Girish Sharma r/o 55, HIG, Sector-4, Parwanoo, Distt. Solan (Himachal Pradesh).

 

… Complainant

V E R S U S

1. Country club Corporate office: Country club Kool, #6-3-1219, 4^th floor, Begumpet, Hyderabad 500016 through its Managing Director.
2. Country club regd. Office: Amrutha castle, 5-9-16, Saifabad, Secretariat, Hyderabad 500063-through its Regional Manager.
3. Country club, branch office: SCO 44& 45, 2^nd floor above PNB, Sector 9D, Madhya Marg, Chandigarh 160019-through its Branch Manager.

… Opposite Parties

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR	MEMBER

 

                                                

ARGUED BY	:	Sh. Chetan Gupta, Advocate for Complainant.
	:	Sh. Pardeep Sharma, Advocate for OPs

Per Surjeet kaur, Member

1.      Briefly stated , the complainant on the allurement of the Opposite Party No.3 took five years vacation(blue) membership of the OPs and paid Rs.71000/- to Opposite Party No.3.  It was assured to the complainant that he will get 71 nights of lifetime in the 4 stars and 5 stars hotel and also that no AMC will be charged from him. Surprisingly vide Annexure C-1 the Opposite Party No.3 demanded Rs.10,500/- towards Annual Administrative Charges (AMC) apart from the amount of Rs.71,000/- already paid by the complainant. It is alleged that the demand of separate AMC charges is contrary to the terms and conditions explained to the complainant  and as such the complainant declined to pay the AMC charges and requested several times to Opposite Party No.3 for refund of Rs.71,000/- but in vain. Ultimately the complainant sent legal Notice Annexure C-2 to the OPs but the same was not replied by the OPs.    Alleging the aforesaid act deficiency in service on the part of the Opposite Parties, this complaint has been filed.   
2.     The Opposite Parties in their reply while admitting the factual matrix of the case stated that the complainant opted for blue season membership and she alongwith her spouse and children below 12 years age are entitled to vacation for 6 nights and 7 days each year for a period of 5 years at the affiliated properties of Opposite Party company, which come to totaling of 30 nights and 35 days. Thus it is wrong that the complainant was given assurance of 71 nights for life time in four star and five hotels as she herself admitted that she was inducted as a member for 5 years vacation (blue) membership. It is averred that as per agreement the complainant is entitled to 6 nights and 7 days each for a period of 5 years. Further clause 6 as well as welcome letter clearly talks about annual maintenance charges to be payable by the complainant. Therefore, the complainant cannot claim that she was assured that no AMC charges will be levied. It  is further averred that Annexure C-1 is not an email instead it is Welcome letter sent to the complainant alongwith membership card and agreement on 8.2.2019 and on receipt of the same the complainant did not raise any concern at that time. The complainant sent the email Annexure R-7 in the month of May 2019 only. It is asserted that the complainant is liable to pay AMC charges as per policy of the company irrespective of the usage of the membership as this fact has been incorporated in the Agreement duly signed by the complainant, hence, there is no deficiency on the part of the complainant.  All other allegations in the complaint has been denied being wrong. 
3.     Rejoinder was filed and averments made in the consumer complaint were reiterated.
4.     Parties led evidence by way of affidavits and documents.
5.     We have heard the learned counsel for the parties and gone through the record of the case.
6.     It is evident from Annexure C-1 that the complainant paid  Rs.71,000/- towards  membership of the Opposite Parties as a Five year vacation under the tag of blue membership.  As per the case of the complainant the Opposite Parties assured and explained the complainant that he will get  71 nights for life time  in the 4 stars and 5 stars hotels and no Annual Administrative Charges will be charged. But the complainant was surprised when he received emails as well as telephonic message from Opposite Parties claiming annual charges yearly for the amount of Rs.10,500/- in addition to the amount already paid by the complainant.  Aggrieved with the same the complainant tried to contact the Opposite Parties against the demand of the  Annual Maintenance Charges which was contrary to the promise of the Opposite Parties. But when after various follow ups the Opposite Parties did not pay any heed to the genuine request of the complainant for refund of his hard earned money then a legal notice Annexure C-2 was issued by him.
7. The stand taken by Opposite Parties is that it was the choice of the complainant to go for blue season five years membership and after getting full information only he paid the disputed amount of Rs.71,000/-. It has been contended that the complainant never approached within the cool off period of 10 days as mentioned in Clause 26 of the Agreement for the cancellation of the membership. Thus the complainant is not entitled for refund. Further there is mention in clause 38 under the heading “Covenants of Purchaser”  that the complainant understood the benefits available under the agreement. Similarly as per clause 42 of the said agreement according to which the complainant understands that the agreement supersedes any communication whether written or oral or handwritten remarks rewriting the printed agreement made by the agents and/or representatives of the company even on letter head or stamp paper and further that benefits in terms of vacation as set out in the agreement are final and binding on the parties.
8. Careful perusal of the record reveals that it is an admitted fact that complainant paid an amount of Rs.71000/- but it is also a matter of fact that no service was availed by the complainant till date.   A thorough examination of Agreement Annexure R-2(colly) reveals that the  terms and conditions mentioned therein are in a very fine and small print which are even difficult to read, which amounts to adopting of unfair trade practice on the part of the Opposite Parties. It has been so held by the Hon’ble National Consumer Disputes Redressal Commission, New Delhi in Tata Chemicals Ltd. Vs. Skypak Couriers Pvt. Ltd. II(2002) CPJ 24 (NC) and then in Blaze Flash Couriers Pvt. Ltd. Vs. Rohit J. Poladiya & anr. 1 (2008)CPJ 452 (NC)
9.     In the instant complaint the complainant expressed his intention not to continue with the membership of OPs due to additional charges, which were not explained to him earlier and as such requested for refund.  Hence, in our considered opinion  it is too harsh and unreasonable on the part of the OPs to forfeit the entire amount  of the complainant paid for the holiday package particularly when the complainant has not availed any single service from the OPs  under the garb of unreasonable agreement wherein the term and conditions are even not readable as discussed above. In our opinion these membership agreements are only a standard format of contract where the weaker party remain on the receiving end and therefore, it is our duty to protect the gullible consumers from the hands of unscrupulous traders, which also is the prime aim and object of the Consumer Protection Act, it being a benevolent piece of legislation.  Hence, the OPs are indulged in unfair trade practice by adopting deceptive method to allure the consumers through the unreasonable agreements and as such they are on wrong footing by rejecting the request of the complaint for refund particularly when no service was availed by him.  Hence, the complaint deserves to be allowed.
10.     In view of the above discussion, the present consumer complaint succeeds and the same is accordingly allowed. Opposite Parties are directed as under :-

1. to refund the deposited amount of ₹71,000/- to the complainant alongwith interest @ 9% per annum from the date(s) of deposit till realization.
2. to pay an amount of ₹5000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹5,000/- to the complainant as costs of litigation.

 

11.     This order be complied with by the Opposite Parties within thirty days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
12.     Certified copies of this order be sent to the parties free of charge. The file be consigned.

 

			Sd/-
			[Pawanjit Singh]
			President
			Sd/-
			[Surjeet Kaur]
			Member