BEFORE THE III ADDITIONAL BANGALORE URBAN

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

BENGALURU – 560 027.

DATED THIS THE 17^th DAY OF APRIL, 2021

CONSUMER COMPLAINT NO.1373/2019

PRESENT:                                                          

Sri.C.V.Maragoor, B.com, LL.M.           ….     PRESIDENT

Smt.L.Mamatha, B.A., (Law), LL.B.….    MEMBER

Sri. M.B. Seena, B.A., (Law), LL.B.            ….         MEMBER

Saket Kamal,

C/o Santosh,

Sashittal House No.4,

Victoria Road,

Inperson

V/s

OPPOSITE PARTY:

Country Club,

M/s Rebecaa-Customer Relation Manager

-Country Club No.14, 1^st Floor,

CRS Building, Cunningham Road,

Opp.Le-Meridian Staff Gate,

Vasanthnagar,

Bengaluru-560052.

 (Rep by Sri.D.N.G, Adv)

BY SRI C.V.MARAGOOR., PRESIDENT

******

//ORDER//

1. This complaint is filed u/s 12 of the Consumer Protection Act, 1986 to direct the opposite party Country Club, Bengaluru to refund the membership fee of Rs.1,00,000/- paid by complainant along with interest an amount of Rs.3,00,000/- as compensation and cost of litigation.
2. The complainant was made and allured entered into opposite party membership and other packages on 27.04.2016.  Later on the complainant came to know that the package details along with annual maintenance charges which was absolutely wrong what he had been promised at the time of signing the agreement papers.  The complainant immediately requested the opposite party to refund the amount paid by him, but there was no response.  The complainant has requested the opposite party orally and by sending mails no response.  Hence this complaint.

3. The opposite party in response to the notice, appeared through its learned counsel and filed written version contending that the complaint is barred by limitation.  The opposite parties denied all the allegations made in the complaint except the fact that complainant became member of this opposite party Club.  After understanding the terms of purchase agreement and thereafter only paid Rs.1,00,000/-.  Hence, the opposite party requests this commission to dismiss the complaint.

4. The complainant filed his affidavit evidence and produced email correspondence and other documents.  On behalf of opposite party one Ananda, Legal Officer filed affidavit evidence and produced three documents. 

5. We have heard the oral arguments addressed by the complainant and the points that would arise for our consideration are;

1. Whether the complainant proves deficiency in service and unfair trade practice of opposite party?

2. Is complaint barred by limitation?

3. Whether the complainant is entitled to reliefs sought in the complaint ?

4. What order? 

6. Our findings on the above points are as under:-

1. POINT NO.1  : Affirmative
2. POINT NO.2  : Negative
3. POINT NO.3   : In the partly affirmative

4. POINT NO.4  : As per the final order for

                       the following;

:REASONS:

7. POINT NO.1 to 4:- The complainant argued that the opposite party sales representative without explaining the terms and conditions of agreement took his signatures on printed forms.  The complainant has produced Xerox copy of purchase agreement and opposite party also produced the purchase agreement dt.28.04.2016 and vacations agreement dt.28.04.2016. In these agreements, it is printed that the membership fee is nonrefundable under any circumstances and that the membership fee is not refundable deposit.  To maintain facilities for members annual maintenance charges of Rs.5,000/- excluding taxes is applicable irrespective of usage from the date of this agreement and it may be revised based on increasing cost without prior notice.

8. The complainant has sent email on 29.04.2016 two days after the purchase agreement dt.27.04.2016 and under this email he has asked clarification as validity of holiday is restricted to 5 days etc.  The repeated email correspondence made by complainant for refund of membership fee indicates that the sales representative of the opposite party has misguided and did not even share the agreement paper by saying that same would be dispatched from their head office at Hyderabad.  The sales representative of the opposite party has misguided the complainant that holidays facility would be given by the opposite party during his lifetime but the agreement is contrary and it restricted for 5 years period only.  The complainant immediately after coming to know that the sales representatives of the opposite party have misguided then he requested the opposite party to return back his membership fee of Rs.1,00,000/-. 

9. On perused the complaint, email correspondence made by complainant and purchase agreement produced by opposite party show that the opposite party without explaining the contents of purchase agreement and without showing the contents the opposite party took the signature of Complainant.  The plea of opposite party that once the complainant has paid membership fee not refundable.  Under such circumstances, the membership fee is not a deposit cannot be accepted.  The complainant never used any holiday gift said to have been promised by opposite party.  The opposite party made false promises and assurance to the complainant about the facilities so called country club.  The opposite party by making false promises through his sales agent has collected Rs.1,00,000/- and got signature of complainant on the purchase agreement.  The act of opposite party amounts to unfair trade practice as such it shall refund the membership amount of Rs.1,00,000/- to the complainant.
10. The complainant immediately after coming to know the false promise and assurance of opposite party he started email correspondence for refund of membership amount, but there was no response from opposite party as such he was compelled to file this complaint.  The opposite party has not refused to return the membership fee as such cause of action to file the complaint continuing one consequently, the complaint is well within time.  In the result, we proceed to pass the following    

         The complaint is partly allowed directing the opposite party to pay a sum of Rs.1,00,000/- to the complainant with interest at the rate of 8% p.a. from 01.05.2016 till the date of payment.

It is further ordered that the opposite party shall pay litigation cost of Rs.5,000/- to the complainant within 30 days from the date of this order otherwise, it carries interest at the rate of 8% p.a. from the date of default till the payment.

       Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.

 (Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 17^th day of April, 2021)                                            

• M.B. SEENA )         (L.MAMATHA)          (C.V.MARAGOOR)    
•  

                                    //ANNEXURE//

Witness examined for the complainants side:

Sri.Saket Kamal, who being the complainant has filed his affidavit.

Documents marked for the complainant side:

1. Country Club Payment Receipt Confirmation Mail.
2. Country Club Membership details screen shot image.
3. Country Club App payment updated images.
4. Country Club welcome mail print out.
5. Mail printouts all communication had with country Club from 2016 till August 2019.

Witness examined for the opposite party side:                  

     Sri.Ananda, Legal Officer of Opposite Party has filed his affidavit.

Documents marked for the Opposite Parties side:

1. True copy of Authorization Letter dt.15.09.2020.
2. True copy of purchase agreement dt.28.04.2016.
3. True copy of the password dt.08.04.2016.

• M.B. SEENA )         (L.MAMATHA)          (C.V.MARAGOOR)    
•