BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 25^th DAY OF OCTOBER 2021

Complainant/s: -                           

Sri Niranjan,

S/o Thimmegowa, aged about 31 years, Presently resident at No.83, 1^st Floor, 2^nd Cross, 36^th Main, BTM 2^nd Stage, Bengaluru-560068.

By Sri Harish Ganapathy, Adv.

V/s

Opposite party/s:-    

Country Club, Central Customer Care, 4^th Floor, Asian Building, Begumpet, Hyderabad-500016, Rep. by its Managing Director.

By Sri.D.Narasegowda, Adv.

ORDER

SRI S.L.PATIL, PRESIDENT

This complaint has been filed by the complainant U/s.12 of Consumer Protection Act 2019, seeking direction against the Opposite Party (herein after called as OP) to refund AMOUNT OF Rs.55,000/- along with interest at 18% p.a., to pay litigation cost of Rs.30,000/- and damages and to pass such other reliefs.     

2. The brief facts of the complaint are as under:

The complainant submits that he had obtained a membership from the OP called Country Vacations which is a division of Country Club Hospitality and Holidays Ltd. By entering into an agreement with OP duly signed on 29.01.2019.  The cost of membership was agreed between both parties to be Rs.62,100/- and further to subsequent meeting between the complainant and Op, it was reduced to a sum of Rs.55,000/-.  Hence, complainant has paid Rs.55,000/- on 29.01.2019. Further complainant submits that at the time of obtaining the membership, the OP has assured that they will provide a service of free stay for 7 days and 6 nights but in the agreement copy it is there only for 3 nights and 4 days, they assured that 40% discounts in flight charges but in the agreement, it is not there at all, they also assured that lifetime membership to use country club without paying yearly dues but in the agreement it is not there. Complainant complained to the Op over phone but they have not given proper reply and after waited for a week on 06.02.2019 cancelled the membership.  Thereafter, the OP asking for the reason of cancellation, for which on 21.02.2019, the complainant replied through E-mail and stated all the reasons for which the OP replied that they will update the same shortly but till today they have not updated the same. 

Further complainant submits that the terms and conditions stipulated in the Country Club Sale agreement as termed by OP clearly states at point No.10 of the same that there is a cooling off period of 10 days within which the member can discontinue the services of the OP and a nominal fee of Rs.3,800/- will be deducted as administrative charges and the rest of the amount will be refund within 120 days.  However, regrettably the Op has failed to adhere to the same defaulted in making the repayment and have remained unresponsive ever since.  Hence, complainant got issued a legal notice dated 10.11.2019 to OP for which OP has failed to reply.  Hence, this complaint.  

3. OP did appear and filed version denying the allegations made against it. OP in its version submits that the complaint filed by complainant is not maintainable either in law of facts, there is no cause of action, complaint is vague, bald and devoid of merits, hence, liable to be dismissed on this grounds.  Further OP submits that entire averments made by complainant is categorically and specifically denied as false and incorrect, except which are admitted by the OP.  It is further submits that OP is a company incorporated under the Companies Act, 1956 and is carrying on the hospitality business and has association with established several clubs and resorts across the country and abroad and is providing good service to its members.  Further submits that OP company, Country Club India Ltd., has been changed w.e.f. 27.11.2014 from Country Club Ltd., to Country Club Hospitality and Holidays Ltd.,. 

Further OP submits that complainant requested OP to do all the necessary documentation work required for admitting them as the members of the Country Club Hospitality and Holidays Limited.  Upon the said request, the Op explained to the complainant regarding the different holiday packages offered by OP and further gave the copy of purchase agreement for Country Club Hospitality and Holidays Limited (hereinafter referred to as the purchase agreement).  The next day i.e. 29.01.2019, the complainant came back to the office of OP and told that they have thoroughly read and understood all the terms and conditions of the purchase agreement and were interested to become the member of Country Club Hospitality and Holidays Limited through OP. Further OP submits that complainant has entered into purchase agreement dated 29.01.2019 and interms of agreement, Op has received Rs.62,100/- towards holiday vacations. Further OP submits that upon receipt of the said amount, has issued the permanent laminated club membership card to the complainant and the same was duly acknowledged by the complainant.  That apart the complainant was provided to access the website through online by giving ID and password and also complimentary Spa coupons and one day privilege pass holiday gift voucher was given to complainant. 

Further OP submits that the main benefits for club membership and a holiday/vacation package is 3 nights and 4 days holiday vacations in a year for a period of 1 year and club membership for life time subject to the terms and conditions mentioned in the purchase agreement are totally denied as false.  Further OP is always ready and willing to provide the package to the complainant but there should be 30 days in advance booking to be made to make necessary arrangements.  Further the club membership is for life time and it is transferrable to their family members of the complainant that in regard to providing of accommodation of holiday vacations, the complainant has not made any booking for availing holiday package at any point of time and in this regard piece of document has not been produced.  

It is submitted that complainant has contended that the OP company applied cool off period within 10 days, was got reply from that mail complainant have to wait for 120 days to collect money all are false and frivolous. The Op not received the alleged E-mail sent by complainant.  Further OP submits that the complainant entered into purchase agreement on 29.01.2019 with OP and there is no provision for cancellation of the club membership in the said agreement. 

Further OP submits that it is crystal clear from the complaint averments that there is no deficiency of service on their part.  In terms of the agreement conditions clause, the membership fees is not a refundable deposit and not an investment, under any circumstances, no provision for cancellation of the club membership. It is crystal clear from the complaint averments that there is no deficiency on the part of OP.  The complainant entered into purchase agreement dated 08.07.2018 with OP.  In terms of the agreement conditions class, the membership fee is not a refundable deposit and not an investment the membership fee is not refundable under any circumstances, no provisions for cancellation of the Club membership. However, the complainant is at liberty to sell or transfer or gift the club membership to any third party. In spite of that the complainants for the reasons best known to them have filed the above false and frivolous complaint.    Hence on these grounds and other grounds OP pray for dismissal of the complaint with exemplary cost.

4. To substantiate the case, Complainant has filed his affidavit evidence and produced the documents which are marked as Ex.A.1 to Ex.A.6. OP has also filed affidavit evidence.  Heard the counsels for both sides.

6. The points that arise for our consideration are:

1. Whether the Complainant proves the deficiency of service on the part of OP, if so, entitled for the relief sought for?
2. What order?

        7. Our answers to the above points are as under:

Point No.1:- Partly in the affirmative

Point No.2:- As per final order

REASONS

8. Point No.1: We have briefly stated the contents of the complaint as well as the version filed by OP.  It is not in dispute that OP by way of filing version admitted in respect of payment of an amount of Rs.62,000/- paid by the complainant.  On going through the entire version which is in the form of denial in nature in respect of the reliefs that is sought for by the complainant.  Though the complainant submits that he has paid the amount of Rs.55,000/- as membership fee, neither the OP nor its representative responded to the complainant.  In this context, he has made E-mail correspondence which can be seen on going through Ex.A.1 and Ex.A.2.  The consumer complaints are decided in the summary trial.  Strict proof of the contents of Ex.A.1 to Ex.A.3 are not necessary since the OP admitted in respect of payment of Rs.55,000/-.  If the entire text of the complaint is taken into consideration, the OP has offered the complainant to become a member of its Club.  Believing the words of the OP’s representative, he made an amount of Rs.55,000/-.  Though received amount, OP did not give confirmation for club membership etc., for which complainant send several E-mails to OP requesting for refund of money. Thereafter, OP did not cancel the membership nor returned the membership fee and annual maintenance charges.  Hence, complainant becomes disgust having no other go he sought for refund of the amount so far paid by them for which there is no response.

9. In this context, we place reliance on the decision of the Hon'ble National Commission reported in 2019(1) CPR 647 (NC) in the case of Chief in Charge of M/s.Country Vacations and Anr. vs. Jayanti Mukherjee, wherein it is held that “no amount can be retained by the service provider without offering any service.”  In the light of the decision cited supra, we come to the conclusion that, the OP has not given proper service.  Hence, we are of the opinion that, OP is liable to refund the amount of Rs.55,000/- to the Complainant with interest at the rate of 8% p.a. from the date of payment till realization with Litigation cost is fixed to Rs.5,000/-. Accordingly we answered point No.1 partly in the affirmative.

  10. Point No.2: In view of our findings on point No.1, we passed the following:                        

  O R D E R

1. The complaint filed by the Complainant is allowed in part.

2. The OP is directed to pay Rs.55,000/- (Rupees fifty five thousand only) with interest at the rate of 8% p.a. from the date of payment till realization to the Complainant along with litigation cost of Rs.5,000/- (Rupees five thousand only) within six weeks from the date of receipt of this order. 

3. Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Commission on this 25^th October, 2021).

Copies of Documents produced by the Complainant which are marked as Ex.A.1 to Ex.A.6: