BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

 07^th DAY OF SEPTEMBER 2016

O R D E R

SRI. P.V SINGRI, PRESIDENT

Complainant Satyam Verma a resident of BTM 2^nd Stage, Bangalore took membership of OP-1 vide membership No.CVBG2BGCLUB30LB168126 by paying a total sum of Rs.1,43,700/- through HDFC & ICICI Credit cards.  That the complainant thereafter asked the executive of OP-1 to book a party hall at Dehradun for his marriage but the same was not done and OP-1 failed to arrange the party hall as requested.  Therefore, the complainant asked for cancellation of his membership on 04^th February 2014.  Thereafter, complainant went to the Shivajinagar office of OP-1 and requested the executive therein for cancellation and he was assured that he will get back his amount within 3 months.  However, the complainant did not get his money back even after 3 months.  Thereafter, complainant made several visits to the office of OP-1 requesting for refund but the amount was not refunded even after 11 months from the date of the requests.  Later on the complainant was informed by the executives of OP-1 that there cannot be cancellation of membership and refund of money is not possible as per the company’s policy.  Thereafter, the complainant requested for degradation of membership on 20^th August 2014 to which also he did not get proper response.  Complainant neither got the money refunded nor his membership was degraded to 10 years as prayed by him as a result the complainant got frustrated and forced to approach the Forum with a prayer to direct the OPs to apologize for all the inconvenience caused to him and refund the entire amount of Rs.1,43,700/-, to pay him a sum of Rs.50,000/- towards mental agony together with litigation cost of Rs.1,000/-.

2. OPs filed their version through their advocate contending as under:

That the complainant entered into purchase agreement dated 26.01.2014 by paying a sum of Rs.1,43,700/- out of agreed amount of Rs.1,49,000/- towards club membership charges.  In terms of the purchase agreement the complainant is entitled for Holiday Vacation for 6 nights 7 days in year for a period of 30 years and club membership for life time subject to terms and conditions mentioned in the purchase agreement.  That the complainant was issued permanent laminated club membership cards and also online ID and password for using Spa and also holiday gift voucher membership cards.  That the OP never promised or assured to give or nor to book a party hall for his marriage at Dehradun.  That the OPs are always ready and willing to provide holiday vacation to the complainant as and when requested subject to booking of 30 days in advance.  That the complainant has not booked any holiday vacation so for.  That the allegations of the complainant regarding deficiency of service are all imaginary and baseless.  That there is no provision for refund of the amount or cancellation of club membership.  However, the complainant is at liberty to sell, transfer or gift the club membership to any third party.  That the complainant has not paid the annual maintenance amount of Rs.8,437/- and to avoid annual maintenance amount he has come up with this false complaint.  That the complainant has never visited any of the clubs of OPs situated at Yelahanka, Magadi Road, Mysore Road, Bannerghatta Road and at Sarjapura.  That the complainant without asking for any facilities has made false allegations of deficiency of service.  Therefore, OPs pray for dismissal of the complaint with exemplary cost.

3. Both the parties tendered their evidence by way of affidavit reiterating respective pleadings.  Both the parties have also produced certain documents to substantiate their respective contentions.  Perused the materials placed on record including documents placed on record together with written arguments.

4. OPs does not dispute that the complainant entered into a purchase agreement dated 26.01.2014 by paying a total sum of Rs.1,43,700/- out of the agreed amount of Rs.1,49,000/- towards a club membership.  The complainant has also furnished the details of the payment made by him through his credit cards.  The complainant himself has produced the copies of the purchase agreement dated 26.01.2014 together with copies of ‘Billionaire Vacations Agreement’ dated 26.01.2014, ‘Club Membership Purchase Agreement’ dated 26.01.2014 entered between himself and OP-1.  As could be seen from the copies of the above mentioned agreements, both ‘Billionaire Vacations Agreement’ as well as ‘Club Membership Purchase Agreement’ are governed by the terms and conditions mentioned therein.  The complainant does not deny that his purchase agreement as well as membership agreement are governed by the terms and conditions mentioned therein. 

5. Now it has to be seen as to whether the complainant is successful in showing deficiency of service as alleged in the complaint.  According to complainant immediately after obtaining the membership he asked executive of OP-1 to book a party hall for his marriage at Dehradun and despite commitment to do so the executive of OP-1 failed to arrange for party hall.  OP deny that any of its executive made commitment to arrange or to book a party hall for the marriage of the complainant at Dehradun.  To substantiate that he had booked a party hall at Dehradun and the executive of OP-1 had committed him to arrange for the same, the complainant did not produce any credible oral or documentary evidence.  The complainant neither produced the copy of the letter nor e-mail correspondence made with OP-1 for booking of a party hall at Dehradun.  Moreover the complainant also does not mention either in his complaint or in affidavit as to the date on which such a party hall was booked by him.  Absolutely there is no material on record to believe that the complainant had asked the executive of OP-1 to book a party hall to him at Dehradun on any particular date and the executive of OP-1 agreed for the same.  In absence of any credible evidence, we are unable to accept that the allegations of complainant that OP-1 having agreed to book a party hall failed to do so and thereby resulting in deficiency of service on their part.

6. As could be seen from the allegations made in the complaint that the complainant decided to cancel his membership and demanded the money paid by him only for reason that the OP failed to book a party hall to him at Dehradun.  As already stated above, there is no credible material on record to believe that complainant requested for a party hall and OP failed to do so.  Therefore, we are unable to accept the allegations of the complainant that there is deficiency of service on the part of OPs.  Admittedly the complainant has never attempted to use the club membership provided by the OPs by visiting any of their facilities situated in Bangalore or outside.  Similarly at no point of time the complainant has sought for booking of any vacation which is available to him under the above mentioned ‘Billionaire Vacations Agreement’ dated 26.01.2014.  The complainant without making use any of the facilities provided to him under the two agreements entered into between himself and OP cannot complain the deficiency of service on the part of OP.  Moreover there is a clause in the ‘Billionaire Vacations Agreement’ that the vacation charges paid by the complainant are non-refundable under any circumstances and the vacation fee paid by him is not a deposit.  Similarly a non-refundable clause of membership fee is also mentioned in the club membership purchase agreement dated 26.01.2014.  Therefore, in absence of deficiency of service and in view of non-refundable clause mentioned in both the agreements the complainant is not entitled for refund of money paid by him.

7. Since the complainant has miserably failed to prove the alleged deficiency of service on the part of OPs, he is not entitled to any of the relief prayed for in the complaint.  Therefore, the complaint filed by him is liable to be dismissed.

8. The order could not be passed within the stipulated time due to heavy pendency. 

9. In the result, we proceed to pass the following:   

  O R D E R

The complaint filed by the complainant U/s.12 of the Consumer Protection Act, 1986 is dismissed.  The parties to bear their own costs.

Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 07^th day of September 2016)

MEMBER                            MEMBER                    PRESIDENT

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Witnesses examined on behalf of the complainant dated 05.05.2015.

1. Sri.Satyam Verma

Documents produced by the complainant:

Witnesses examined on behalf of the Opposite party/s dated 30.09.2015.

1. Sri.Girish Kumar V.N

 Document produced by the Opposite party/s:

MEMBER                            MEMBER                    PRESIDENT

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