Before the District Consumer Disputes Redressal Forum, Rohtak.
Complaint No. : 243.
Instituted on : 01.08.2013.
Decided on : 02.06.2016.
Satyender Dhankhar R/o H.No.1342 Ward No.34 Sheetal Nagar, Opp. 2nd Water Works, Jhajjar Chungi, Rohtak.
………..Complainant.
Vs.
- Country Club(India) Ltd. E-12, 2nd Floor, Kalkaji New Delhi-110019 through its Manager.
- Director, Country Club(India) Ltd. Corporate Office-Country Club Kool, 4th & 5th Floor 6-3-1219, Begumpet, Hyderabad-16.
……….Opposite parties.
COMPLAINT U/S 12 OF CONSUMER PROTECTION ACT,1986.
BEFORE: SH. JOGINDER KUMAR JAKHAR, PRESIDENT.
SH. VED PAL, MEMBER.
Present: Sh.Naseeb Panghal, Advocate for the complainant.
Sh.Gulshan Chawla, Advocate for the opposite parties.
ORDER
SH. JOGINDER KUMAR JAKHAR, PRESIDENT :
1. The present complaint has been filed by the complainant with the averments that opposite parties have got published their advertisement in various newspapers for inviting membership of their company for tour packages. It is averred that by alluring from the advertisement of the opposite parties, complainant approached the opposite parties and inquired about the details of membership. The officials of opposite parties suggested the complainant to take White Billionaires Membership and as per that scheme the opposite parties have offered to provide four return tickets to complainant(2 adults and 2 kids) to any destination in India and MGM Plan, 10 years vacations in the lifetime club. It is averred that complainant had paid an amount of Rs.90000/- to the authorized representative at Rohtak who came to the house of complainant for receiving the money. It is averred that on 02.10.2012 the complainant received membership purchase agreement from opposite parties company but he was chocked to know that his membership has been changed from “White Billionaire” to “Blue Standard Priority” without the consent and knowledge of complainant vide membership No.13269. It is averred that the complainant was further shocked to know that he has to pay utility charges at the time of holiday booking for any destination. It is averred that the complainant repeatedly contacted the opposite parties and requested to sort out the matter but they avoided the same. It is averred that the act of opposite parties is illegal and against the natural justice. It is averred that complainant served a legal notice on dated 19.01.2013 to the opposite parties but the opposite parties refused to accept the same and the same was returned back. It is therefore prayed that the opposite parties may please be directed to refund the amount of membership fee Rs.90000/- with interest, compensation and litigation expenses.
2. On notice, the opposite parties appeared and filed their written statement submitting therein that the Hon’ble Forum has no territorial jurisdiction to entertain and adjudicate the present complaint. On merits, it is submitted that both the plans were explained to the complainant and complainant initially opted “White Billionaire Membership” due to which it is mentioned in Approval form, whereas lateron he requested for “Blue Standard Priority Membership” due to which the same was incorporated in Membership Purchase Agreement, which was duly signed by the complainant. It is averred that under the Clause 5 of Annexure 1 of Membership Purchase Agreement, it is clearly provided that member who opts for 30 years vacation, is only eligible for one way couple air tickets. However since complainant has opted for 10 years vacation, he is not eligible for air tickets. It is averred that the p[payment in respect to membership was received not from the complainant but from one Mr. Yogesh Mann through his credit card mentioning the place as “Kalkaji” i.e. New Delhi and not from the house of complainant as alleged. It is averred that answering opposite parties have no hesitation to change the plan to Whilte Billionaire membership but the complainant has never raised any such grievance and it is only an afterthought concocted allegation to make a ground for filing the present complaint. It is averred that as per agreement, membership fee is not refundable and is not a deposit. All the other contents of the complaint were stated to be wrong and denied. Opposite parties prayed for dismissal of complaint with costs.
3. Both the parties led evidence in support of their case.
4. Ld. Counsel for the complainant in his evidence tendered affidavit Ex.CW1/A, documents Ex.C1 to Ex.C5 and has closed his evidence. On the other hand, ld. Counsel for the opposite parties has tendered affidavit Ex.RW1/A, documents Ex.R1 to Ex.R5 and closed his evidence.
5. We have heard learned counsel for the parties and have gone through the material aspects of the case very carefully.
6. The contention of ld. counsel for the complainant is that complainant applied for “White billionaire membership” with the opposite parties but the opposite parties changed the plan with “Blue Standard Priority” without the consent and knowledge of complainant and had cheated the complainant. On the other hand contention of ld. counsel for the opposite parties is that no cause of action has arisen at Rohtak as such this Forum has no jurisdiction to entertain the complaint. It is further contended that initially the complainant opted for “White Billionaire Membership” due to which it is mentioned in Approval form, but lateron he requested for “Blue Standard Priority Membership” due to which the same was incorporated in Membership Purchase Agreement, which was duly signed by the complainant. As such there is no deficiency in service on the part of opposite parties.
7. After going through the file and hearing the parties it is observed that as per Approval Form Ex.C2, the complainant has given his approval for the membership of “White Billionaire” with membership fee of Rs.90000/- and the plan offers MGM Plan, 10 years vacation with lifetime club + with return airtickets 2A +2K(2 Adults and 2 Kids) in India only and as per the writing made on the alleged document Ex.C2/Ex.R3, the same is created at Rohtak. Hence this Forum has jurisdiction to try and adjudicate the matter. The other plea taken by the opposite parties is that the plan was changed at the request of complainant. But to prove its contention, opposite parties have not placed on record any document. From the documents placed on record it is proved that the complainant has made approval for “White Billionaire” as per approval form Ex.C3 but as per membership agreement Ex.C2 the plan name has been changed by the opposite parties to “Blue Standard” which shows the unfair trade practice on the part of opposite parties. In this regard reliance has been placed upon the law cited in II(2007)CPJ 96 titled Zaika Bazar Vs. Hemant Goel whereby Hon’ble Delhi State Commission, New Delhi has held that : “Practice of charging more amount than fixed, amounted to unfair trade practice as defined in Section 2 (1) (r) of Consumer Protection Act, 1986 and deficiency in service”. In view of the aforesaid law which is fully applicable on the facts and circumstances of the case it is observed that the act of opposite parties of changing the membership plan without the consent of the complainant is illegal and amounts to unfair trade practice. As such opposite parties are liable to refund the membership fee to the complainant.
8. In view of the facts and circumstances of the case it is observed that opposite parties shall refund the amount of Rs.90000/- (Rupees ninety thousand only) alongwith interest @ 9% p.a. from the date of filing the present complaint i.e. 01.08.2013 till its actual realisation and shall also pay a sum of Rs.3500/-(Rupees three thousand five hundred only) as litigation expenses to the complainant maximum within one month from the date of decision failing which the awarded amount shall carry further interest @ 12% p.a. from the date of decision. Complaint is allowed accordingly.
9. Copy of this order be supplied to both the parties free of costs.
10. File be consigned to the record room after due compliance.
Announced in open court:
02.06.2016.
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Joginder Kumar Jakhar, President
…………………………….
Ved Pal, Member
