Delhi

West Delhi

CC/13/484

SURESH KUMAR - Complainant(s)

Versus

COUNTRY CLUB - Opp.Party(s)

27 Mar 2019

ORDER

                DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

 

CASE NO.  484/2013

SH. SURESK KUMAR GOYAL

ADD- 26/85, SHAKTI NAGAR,

FIRST FLOOR, NEW DELHI-110007.                                              …..Complainant

VERSUS

COUNTRY CLUB (INDIA) LTD.

25 UGF, COMMUNITY CENTRE,

EAST OF KAILASH,

NEW DELHI-110065.…..Opposite Party-1

 

COUNTRY CLUB (INDIA) LTD.

TDI MALL,

SHOP NO. FF-07, 2^ND FLOOR,

RAJOURI GARDEN, NEW DELHI-110027.…..Opposition Party-2

 

THE CHAIRMAN AND MANAGING DIRCTOR

6-3-1219, BEGUMPET, HYDERABAD-500016.…..Opposition Party-3

O R D E R

 

K.S. MOHI,PRESIDENT

On 26.06.2011 the representative Sh. Parveen Kumar, marketing executive of OP for the purpose of selling the membership of club of OP approached the complainant inducing vacation membership for a sum of Rs. 60,000/- with benefits such as pick up service, welcome facility, cook, cab+driver, trip adventure, swimming pool facility, indoor and outdoor games, spa and massage. These facilities to be provided by complainant had to availed the free benefit of 2 BR for 6 nights and 7 days for 10 years. Allured by the inducement complainant on 30.06.2011 made advance payment of Rs. 25,000/- and on 25.07.2011 paid balance amount of Rs. 35,000/-. Subsequently, membership No. CCDLO5V10LB2737 was issued to complainant alongwith receipt of paid membership fees. However, the assured benefits as promised were not provided. Since complainant had to avail the travelling and enjoying vacation with his family he approached OP for the purpose of booking but none of the executive of OP was available. Once the complainant came to know that all the allurements were false he informed OP to refund the membership fees but to no effect. Hence, the present complaint for refund of Rs. 60,000/- and compensation towards mental and physical harassment.

          The OP filed written statement taking preliminary objection that complainant has not approached this court with clean hands and the present complaint was not maintainable in the absence of deficiency or unfair trade practice on the part of OP. The present complaint is filed just to extort money from OP. On merits, OP though admitted the receipt of payment of Rs. 63,000/- for membership but maintained that the membership was subject to certain terms and conditions for which the complainant was supposed to take monitory steps to avail benefits under the membership. It is further stated that the alleged benefits to be availed by complainant are written on a simple paper which do not carry any evidentiary value. Hence, the present complaint is liable to be dismissed.

The complainant has filed his affidavit in evidence testifying all the facts as alleged in the complaint and also relied upon Ex. CW-1/A —   CW-1/E.  On the other hand Sh. Bharat Reddy, The Legal Officer has filed affidavit in evidence testifying all the facts as alleged in the written statements.  Parties have also filed their written submissions.

          We have heard Ld. Counsel for the parties and perused the documents.

The controversy involved in the present case is as to whether the complainant is entitled to relief sought or not. We have gone through the membership card of complainant issued by the OP which talks about the facilities for 6night and 7 days for 10 years. It is also mentioned in the membership card that the membership was subject to terms and conditions. However, no terms and conditions find mentioned in the membership card itself. It is well settled law that unless the terms and conditions of the contract have been duly furnished to the other party the same cannot be permitted to be relied upon. This aspect is based on the principle of equity because equity begets equity. The party cannot be taken by surprise by mentioning the terms and conditions of the contract which were never supplied to him. Even otherwise it is seen that the country club show the rosy picture to the credulous consumers who fall prey to their deceitful designs. Therefore, the facilities delineated on a paper by the executive of OP cannot be ruled out. Since, the OP has committed deficiency in service under the garb of terms and conditions of the membership card, we therefore, accepts the complaint.

          Keeping in view above circumstances and observations, we award a sum of Rs. 60,000/- with interest @ 6% from the date of filing the complaint till actual realization in favour of complainant against OPs jointly and severely and further we award a sum of Rs. 20,000/- towards mental and physical harassment and litigation expenses to be paid within 45 days from the receipt of the order. In case of default of payment in time OPs shall be liable to pay interest @ 6% p.a. from the date of filing of the complaint till actual realization.

File be consigned to Record Room.

          Copy of Order be given as per rules.

          Announced this _27TH__________March, 2019.

 

(K.S. MOHI)                                                                               (PUNEET LAMBA)

 PRESIDENT                                                                                       MEMBER