Tamil Nadu

South Chennai

982/2009

R.Ravi - Complainant(s)

Versus

Country Vacation , Director - Opp.Party(s)

S.Vijayalakshmi

11 Oct 2018

ORDER

                                                                        Date of Filing  : 20.11.2009

                                                                          Date of Order : 11.10.2018

 

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

                 TMT. K. AMALA, M.A., L.L.B.                                : MEMBER-I

 

C.C. No.982/2009

DATED THIS THURSDAY THE 11^TH DAY OF OCTOBER 2018

                                 

1. R. Ravi,

S/o. Mr. Rhagavan,

 

2. R. Sandhya,

W/o. Mr. R. Ravi,

Both residing at:-

No.7, Kalaignar High Road Extn.,

Srinivasa Nagar,

New Perungalathur,

Chennai – 600 063.                                                      .. Complainants.                                             

 

                                                                                       ..Versus..

 

Country Vacations,

C/o. Country Club India Limited,

Represented by its Director,

No.12, Vaibhav Building,

Smith Road,

Mount Road,

Chennai – 600 002.                                                   ..  Opposite party.

          

Counsel for complainants      :  M/s. S. Vijayalakshmi & another

Counsel for opposite party  :  M/s. V.T. Narendiran & others

 

 

ORDER

THIRU. M. MONY, PRESIDENT

 

       This complaint has been filed by the complainants against the opposite party under section 12 of the Consumer Protection Act, 1986 praying to return the sum of Rs.75,000/- paid for membership and as initial cost towards plot, along with interest at the rate of 24% from the date of payment as enlisted in para No.18 of the complaint and to pay a sum of Rs.1,00,000/- towards compensation for loss, mental agony, hardship, inconvenience and injury with cost to the complainants.

1.    The averments of the complaint in brief are as follows:-

The complainants submit that they joined as a Member of the opposite party country vacations in the month of August 2008 as Membership No.DT59/23.  Due agreement also executed between the parties.   As per the agreement, the complainants paid a sum of Rs.40,000/- on the date of joining and promised to pay the remaining balance of Rs.30,000/- within 2 months.  While so, the opposite party officials’ informed the complainants that the balance amount shall be paid within one month.  Hence the complainants paid a sum of Rs.20,000/- within the stipulated time keeping a balance of Rs.10,000/-.  Further the complainants submit that they have joined country vacation as package of 5 years.  Then, the complainants got enrolled for the package, the promises were given to them were:

1. “2 years free visit to Taasha Health Club.
2. Maintenance fee waived for the first year.   That the complainants need not pay anything extra for the first year. The next maintenance fees due for them was fixed at November 2009 for the year 2010.
3. Book for a vacation atleast 7 – 15 days in advance, the Marketing people who did the canvassing assured the complainants that they will arrange for the booking.
4. A booklet was given to the complainants that showed the discounts available in retail outlets across Chennai, for Country Club membership holders.
5. That the complainants would get the membership card in 21 days.
6. If the complainants were not satisfied with the membership, opposite party will personally assist them in selling this package to someone else and get the money refunded”.

2.     The complainants submit that as per the assurance of the opposite party, no discount in the retail outlet in Chennai granted to the complainants.   The complainants state that while booking a vacation the complainants was not able to contact the opposite party repeatedly.  The complainants submit that even though the next day, they got a confirmation on the booking, they were told to pay Utility Charges of Rs.350/- per day.   The complainants state that in the month of July 2009, when the complainants contacted the Customer Relations Officer, the complainants were canvassed to buy a plot promoted by Country Club in Kalahasti.   The cost of the plot was Rs.80,000/-.  Already, the complainants paid Rs.60,000/- and the balance of Rs.20,000/- should be paid by the complainants.  But the complainants paid only Rs.15,000/- on 1^st August towards the initial amount and kept a balance of Rs.5,000/- which will be paid at the time of registration.  The act of the opposite party caused great mental agony.    Hence the complaint is filed. 

3.      The brief averments in the written version filed by the   opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.   The opposite party states that the complainants filed this complaint suppressing several material facts. The opposite parties executed a gift deed in favour of the complainants and the amount paid towards country vacations.   The opposite party states that there is no deficiency in service on any kind made by the opposite party.  The complainants and the opposite party entered into an agreement on payment of membership amount which is non refundable.  The opposite party states that the various claims discounts,  utility charges etc by the complainants are out of the purview of the agreement.  The opposite party states that the allegation of deficiency in booking the vacation is imaginary.   It is the strict condition in the agreement that “whenever vacation is available the complainants are entitled to have the pleasant days”.  There is no deficiency of any kind committed by the opposite party.   Hence the complaint is liable to be dismissed.

4.     To prove the averments in the complaint, the complainants has filed proof affidavit as their evidence and documents Ex.A1 to Ex.A12 are marked.  Proof affidavit of the opposite party filed and documents Ex.B1 is filed and marked on the side of the opposite party. 

5.      The points for consideration is:-

1. Whether the complainants are entitled to get refund of a sum of Rs.75,000/- paid towards membership and as initial cost for plot with interest as prayed for?
2. Whether the complainants are entitled to a sum of Rs.1,00,000/- towards compensation for mental agony with cost as prayed for?

6.      On point:-

Both parties filed their respective written arguments.  Perused the records namely the complaint, written version, proof affidavits, documents etc.   The complainants pleaded and contended that they joined as a Member of the opposite party country vacations in the month of August 2008 as Membership No.DT59/23, due agreement also executed between the parties as per Ex.A1.   As per the agreement, the complainants paid a sum of Rs.40,000/- on the date of joining and promised to pay the remaining balance of Rs.30,000/- within 2 months.  While so, the opposite party officials’ informed the complainants that the balance amount shall be paid within one month.   Hence, the complainants paid a sum of Rs.20,000/- within the stipulated time keeping a balance of Rs.10,000/-.  As per Ex.A1, Clause 13 reads as follows:-

“FINAL AGREEMENT: This agreement is legally binding and final.  The purchaser acknowledges that he/she enters into it of his/her own fee will and it is neither rescindable nor cancellable other than according to clause 9 above”.

7.     Further the contention of the complainants is that they have joined country vacation as package of 5 years.  Then, the complainants got enrolled for the package, the promises were given to them were:

7. “2 years free visit to Taasha Health Club.
8. Maintenance fee waived for the first year.   That the complainants need not pay anything extra for the first year. The next maintenance fees due for them was fixed at November 2009 for the year 2010.
9. Book for a vacation atleast 7 – 15 days in advance, the Marketing people who did the canvassing assured the complainants that they will arrange for the booking.
10. A booklet was given to the complainants that showed the discounts available in retail outlets across Chennai, for Country Club membership holders.
11. That the complainants would get the membership card in 21 days.
12. If the complainants were not satisfied with the membership, opposite party will personally assist them in selling this package to someone else and get the money refunded”.

But neither the complainants nor the opposite party produced any record to prove such promises.   The law is well settled that any oral agreement or promise after the due execution of the written agreement is unsustainable. 

8.     Further the contention of the complainant is that as per the assurance of the opposite party, no discount in the retail outlet in Chennai granted to the complainants.  For that also, no record.   Further the contention of the complainants is that while booking a vacation the complainants were not able to contact the opposite party repeatedly caused great hardship and mental agony.  Equally the complainants were compelled to pay utility charges of Rs.350/- per day against the conditions in the agreement.  But on a careful perusal of the agreement, there is nothing about the waiver of utility charges, maintenance etc.  On the other hand, the complainants are liable to pay all type of maintenance charges.  Further the contention of the  complainants is that in the month of July 2009, when the complainants contacted the Customer Relations Officer, the complainants were canvassed to buy a plot promoted by Country Club in Kalahasti.   The cost of the plot was Rs.80,000/-.   Already, the complainants paid Rs.60,000/- and the bal of Rs.20,000/- should be paid by the complainants.  But the complainants paid only Rs.15,000/- as per Ex.A7 and kept a balance of Rs.5,000/- eventhough due registration of document was made as per Ex.B1 and was executed by the opposite party which proves that there is no deficiency in service.  

9.     The contention of the opposite party is that the complainants filed this complaint suppressing several material facts. The opposite party executed a gift deed in favour of the complainants as per Ex.B1 the amount paid towards country vacations.  Further the contention of the opposite party is that there is no deficiency in service on any kind made by the opposite party.  The complainants  and the opposite party entered into a agreement on payment of  membership amount which is non refundable.  Equally, the said amount paid towards membership has been converted into plot as per Ex.B1.  Further the contention of the opposite party is that the various claims discounts utility charges etc by the complainants are out of the purview of the agreement.   No such assurance given by the opposite party.  Further the contention of the opposite party is that the allegation of deficiency in booking the vacation are imaginary.  It is the strict condition in the agreement that “whenever vacation is available the complainants are entitled to have the pleasant days”.  Therefore, there is no deficiency of any kind committed by the opposite party.  Considering the facts and circumstances of the case this Forum is of the considered view that the complaint has to be dismissed.

In the result, this compliant is dismissed.  No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 11^th day of October 2018.

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANTS’ SIDE DOCUMENTS:

Ex.A1	24.08.2008	Copy of Country Vacations International Holiday Club Membership Purchase Agreement dated:24.08.2009
Ex.A2	26.08.2008	Copy of letter from the opposite party
Ex.A3	28.08.2008	Copy of receipt from payment of Rs.20,000/-
Ex.A4	28.08.2008	Copy of receipt from payment of Rs.20,000/-
Ex.A5	29.08.2008	Copy of receipt from payment of Rs.20,000/-
Ex.A6		Copy of card issued by the opposite party
Ex.A7	01.08.2009	Copy of temporary receipt for payment of Rs.15,000/- towards plot dated:01.08.2009
Ex.A8	10.04.2009	Copy of certificate issued by the opposite party
Ex.A9		Copy of Location plan issued by opposite party
Ex.A10	03.10.2009	Copy of complaint given by the complainants
Ex.A11	14.10.2009	Copy of legal notice issued to the opposite party
Ex.A12	21.10.2009	Copy of acknowledgement card

 

OPPOSITE  PARTY SIDE DOCUMENTS: 

Ex.B1

26.10.2009

Copy of Gift Deed along with Photographs and Finger prints as per Section 32-A of the Registration Act, 1908

 

 

 

MEMBER –I                                                                      PRESIDENT