Per Smt T. Suneetha, Member:-

The complainant filed this complaint u/s 12 of Consumer Protection Act seeking directions to the opposite party to pay a sum of Rs.3,05,000/- towards refund of installments amount Rs.50,000/- compensation of Rs.50,000/- damages RS.2,00,000/- and legal expenses Rs.5,000/-

2.      In brief the averments of the complaint are hereunder:

        The complainant to avail services in arranging accommodation in holiday resorts entered into an agreement for Rs.1,75,000/- package with the opposite party on 26-10-09.   It was mentioned in the agreement that the opposite party members have access to all the resorts that are associated with the marketer through the Country Vacations Alliance Scheme. The points purchased may be used to reserve accommodation at any of these resorts for a nominal administration fee.  The complainant paid Rs.50,000/- in different installments to the opposite party.  The representatives of the opposite party used to collect the amounts by giving duplicate receipt and they promised to send the original receipt.  But they never did so.  After so many requests the opposite party gave original receipts for three payments. 

3.      The complainant requested the opposite party to arrange accommodation for a holiday trip for two times i.e. on 10-05-10 and 20-05-11.  But there is no reply from the opposite party.  The complainant approached the Arundelpet police station and gave report.  The police enquired the matter but of no use.  Subsequently the complainant came to know that the office at Guntur was closed and the branches at Visakapatnam and Hyderabad were working.  The complainant approached Visakapatnam and Hyderabad offices to cancel his membership and to return the amount paid by him.  But there is no response from them.  Hence the complaint.    

4.      The following is the version of opposite party in brief:

        The grievances of the complainant is not a consumer dispute and there is no deficiency of service on the part of opposite party.  The complainant is defaulter and he has not paid the installments payable to the opposite party as per the stipulations of the terms and conditions of the agreement.  The opposite party shall have the right to cancel the agreement and forfeit 80% of the amount paid so far.  The complainant has failed to establish that he has the status of the service aspirant and opposite party is service provider. 

5.      The complainant has not furnished the particulars of the payment for annual maintenance charges.  Nonpayment of maintenance charges may result in the cancellation of the defaulting members points rights status of a member and disentitles him to any rights against the opposite party.  The opposite party states that the membership is not refundable and the claim for the refund of the membership is unsustainable and opposite party is not liable for the same.  The complainant who has committed default cannot claim for any deficiency in service against the opposite party and hence the Hon’ble Forum may be pleased to dismiss the complainant.    

6.      Both the parties have filed their affidavits and written arguments respectively. Ex.A-1 to A-7 were marked on behalf of the complainant. No documents was marked on behalf of opposite parties.

7.      Now the points that arose for consideration in this          complaint are:      

1.  Whether the opposite parties committed deficiency of

     service?

2.   To what relief the complainant is entitled to?

8.      POINT NOs.1&2:- The complainant’s allegation is that the opposite party having received payment from the complainant failed to provide service in respect of arranging accommodation in holiday resorts. The complainant in his complaint or in his affidavit did not disclose any particulars as to where he went to holiday trip and did not produce any document to prove that he made request to the opposite party regarding the accommodation arrangement for his holiday trip. 

9.     The complainant entered into purchase agreement Ex.A-1 in which all the details about payments are clearly mentioned which is as below:

        PAYMENT TERMS :

……..

Rs.40/- per points rights owned.

        ABOVE MENTIONED PAYMENT IS SUBJECT TO REALISATION. YOUR CURRENT ANNUAL MANAGEMENT/MAINTENANCE CHARGE IS :

“The annual Management charges is payable by all members and is specified above.  The management charge falls due on 1^st November every year for the following year, is variable in nature and payable annually and must be paid upto date each year before our point can be use”.     

“Default :  In the event of the Purchaser failing to make any payment installment on the due date(s) specified overleaf ( time being of the essence) then Country Vacations ( A Division of Country Club India Ltd) shall have the right to cancel the agreement and forfeit 80% of the amount paid so far”. 

10.    As per the above clauses of the agreement the annual maintenance charge of Rs.4,000/- (Rs.40 x 100 points) shall be paid by the complainant  before exercising rights and the complainant failed to do so. 

11.    The complainant purchased the package of Rs.1,75,000/- payable in 24 N.E.M.Is. The complainant in a period of thirteen months (from26-10-09 to 24-11-10) paid Rs.50,000/- only.  The complainant is a defaulter in payment of N.E.M.Is.  The complainant being a defaulter cannot claim any deficiency of service against the opposite party.

12.    In view of the above discussion the Forum comes to a considered opinion that the opposite party did not commit any deficiency of service and the complainant is not entitled to any compensation. 

13.    In the result, the complaint is dismissed without costs.     

Typed to my dictation by Junior Stenographer, corrected by us and pronounced in the open Forum dated this the 30^th day of June, 2012.

MEMBER                                  MEMBER                                  PRESIDENT

APPENDIX OF EVIDENCE

DOCUMENTS MARKED

For Complainant:

For opposite parties:   NIL

PRESIDENT