Tamil Nadu

South Chennai

CC/152/2015

m/s.Randheer Singh - Complainant(s)

Versus

Country Vacations Through The Branch Manager, The Country Club - Opp.Party(s)

R. Dhanalakshmi

06 Sep 2022

ORDER

Date of Complaint Filed : 20.03.2015

Date of Reservation      : 11.08.2022

Date of Order               : 06.09.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                            : PRESIDENT

                        THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                        THIRU. S. NANDAGOPALAN., B.Sc., MBA.,    : MEMBER II

 

CONSUMER COMPLAINT No.152/2015

TUESDAY, THE 6^th DAY OF SEPTEMBER 2022

Mr. Randheer Singh,

Plot No 26, 3^rd Street,

Manikodi Srinivasan Nagar,

Perungudi,

Chennai 600096.                                                           ... Complainant            

 

..Vs..

 

1.Country Vacations,

   Through The Branch Manager,

   The Country Club,

   S-40, 42, Phoenix Market City Mall,

   142/66, Velacherry Main Road, Indira Gandhi Nagar,

   Velacherry,

   Chennai 600042.

 

2.Country Club,

   Through The Managing Director,

   The Country Club, 8-2-703, Silver Oak,

   Amurtha Valeey, Road No-21,

   Banjara Hills,

   Hyderabad-500016.                                                  ...  Opposite Parties

*****

Counsel for the Complainant          : M/s. R. Dhanalakshmi

Counsel for the Opposite Parties     : M/s. V.T. Narendiran

 

On perusal of records and after having heard the oral arguments of the Counsel for the Complainant and Counsel for Opposite Parties we delivered the following:

ORDER

Pronounced by Member-I, Thiru. T.R. Sivakumhar, B.A., B.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to refund Rs.1,00,000/- with interest of 12% p.a and to pay compensation of Rs.2,00,000/- for causing inconvenience, losses, mental agony and harassment along with cost of Rs.70,000/-.

2.     The averments of Complaint in brief are as follows:-

         The Opposite Parties promised him after becoming member by paying Rs.1,00,000/-, a) AC vehicle for pick up, drop and sight seeing free of cost b) free breakfast on all days during vacation stay c) 30% discount on lunch d) free passes for using SPA to be used in any location e) use of their own properties across the world free, and where using f) free vacation of 15 days for the first year. The Complainant had paid Rs.1,00,000/- against their receipt and membership letter and the Opposite Party cannot give these. The Complainant wrote many emails to complaint against their false promises. The Opposite Party to cancel the membership and refund Rs.1,00,000/- as they were supposed to give the said facilities. The Opposite Party conducted unfair trade practice under section 2 (1) (r) of the Consumer Protection Act by misleading to believe that he will receive the said facilities but they had intention not to provide these once they receive his money. There is severe deficiency in service as the Opposite Party failed to abide by their statements to give him the said facilities. He sent 7 days notice through international Consumer Rights Protection Council on 07.12.2014. Hence the Complaint.

3. Written Version filed by the Opposite Party in brief is as follows:-

        At the outset the Complaint is legally not maintainable as the company, the country club of India Ltd, with whom the complainant has entered into any agreement had not been properly described in the cause title and further Country vacation is only a trade name and hence the complaint has to be dismissed in limini for improper description of parties, though the complainant is aware of the same as the name are properly described in the agreement signed by him and part of his typed set and prays that the above legal issue be treated as preliminary issues as regards the maintainability of the complaint. Without prejudice to what is stated above, the very complaint is bald in nature and in complete and contrary to the agreement dated 12-10-2014. The above complaint has been filed for imaginary cause of action as no case of deficiency has been made out in the averment in the complaint and the complainant has cloaked his claim of refund as if it is a consumer complaint and the same is in admissible in law and against the agreement between them and against the law of contracts.  The present complaint is to be dismissed since the complaint does not amount to deficiency of service and unfair trade practice as defined under the Consumer Protection Act and the complainant has only sought for refund of money as complaint for deficiency in service and it is un acceptable and in admissible in law. The Complainant was only explained the benefits and facilities by the representatives of company and only after the complainant and after he was satisfied he had read the contract agreement i.e Purchase agreement for club and membership agreement dated 12-10-2014 and only then did he enter into an agreement with the company. All that was promised and agent between the parties was reflected in the agreement i.e Purchase agreement for club and membership agreement dated 12.10-2014 and was signed by the parties and there is no other things over and above it that was promised. The complainant is legally construed to be aware of the terms and conditions of the agreement and having signed the same and he is legally estopped from claiming any thing in contra or over and above it, further no claim of deficiency can be made out making unsubstantiated claims. As per the Purchase agreement for club and membership agreement dated 12-10-2014 that the membership fee is non refundable and the said amount paid by the complainant as membership fee is not a deposit. Therefore the complainant's claim for refund is not legally maintainable and contrary to signed agreement. The Purchase agreement for club and membership agreement dated 12-10-2014, the complainant had also signed other document clearly agreeing that other than what was stated in the signed agreement, the sale staff had not promised anything more and further he has agreed in writing that he is liable to pay AMC (Annual Maintenance Charges) for Rs 7.500/- and having thorough knowledge of the same, he has deliberately suppressed it and has no right in law or equity to claim any relief. From the contents of the documents it is clear that the complainant is unfair and slanderous against the opposite party and engaging in mud slinging which is clearly from his letters, when it was explained to him about the said agreement he has refused to see reason. The agreement entered into between the complainant and the Opposite party provides the complainant and his family access to the clubs in Chennai and the said club card was also delivered to him and it can be used all over the country and for the purpose of vacationing for the complainant and his family and the company is ready and willing to stand by and provide all the facilities as made out in the said agreement. The act of the Company does not amount to deficiency of service or unfair trade practice therefore the question of granting relief of refund along with interest does not arise and also the question of compensation and other relief does not arise. The documents filed by the complainant produced are incomplete and the said omitted documents clearly shows that he is well aware of all that he has pleaded ignorance of and the complainant is not entitled to sign a document and plead the contrary. If he intends to plead contrary to the signed agreement or nullify the terms and conditions contained, then the right forum would be the civil court, where in he can seek for cancellation of document i.e., Purchase agreement for club and membership agreement dated 12.10.2014 and hence the complaint ought to be dismissed as the complaint is legally misconceived. The complainant cannot seek for refund of the money contrary to a written contract entered into by him when the contract is not being disputed or challenged and hence any agony or damages suffered by the complainant is due to his own commission and omission and the opposite party cannot be blamed for the same. There is no consumer deficiency or consumer dispute and so there is no cause of action for this complaint made by the complainant. There is no mental or economic suffering on account of the opposite party and the negligence and the amount claimed is un substantiated. Hence the complaint is to be dismissed.

4.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-4  were marked. The Opposite Parties submitted his Written Version and Proof Affidavit and no documents was marked on their side.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:-

        It is an undisputed fact that the Complainant had entered into purchase Agreement dated 12.10.2014 as well as Club Membership purchase Agreement and Vacation Agreement with the 1^st Opposite Party and enrolled himself as a member of the 1^st Opposite Party.          

        It is also not in dispute that the Complainant had paid a sum of Rs.1,00,000/- to the 1^st Opposite Party towards membership fees.

        The disputed facts are that the Complainant was agreed to be provided with AC vehicle for pick up, drop and sightseeing free of cost, before entering into the above said agreements, thereafter the 1^st Opposite Party, had informed him that he need to pay applicable charges for pick up/ drop and sight seeing. Further, had agreed for free breakfast on all days during vacation stay, but the same was denied and also agreed for 30% discount on lunch, free passes for using SPA in any location, use of the properties of the Opposite Parties for free across the world and in using the other properties in tie-up with the Opposite Parties to pay Rs.700/- per day and free vacation of 15 days for the first year, all the said facilities were denied.

        The contention of the Opposite Parties in this regard that the Complainant was explained with the benefits and facilities by their representative and after having read the purchase Agreement and Club Membership agreement dated 12.10.2014, after satisfying the terms and conditions set therein he had signed the same. Further contended that all that promised and agreed between them was reflected in the Agreement and no other things promised over and above to the Complainant, after having signed the agreements the Complaint is legally estopped from claiming any thing in contrary over and above, hence no claim of deficiency could be made out making unsubstantiated claims. Further contended as per the agreements, the membership fee is non refundable and the said amount is not a deposit, hence refund is not legally maintainable. Further contended as per the said agreement he is liable to pay Annual Maintenance Charges. Further contended that from the documents it would be clear that they had explained the Complainant about the said agreement and they were ready to provide all the facilities as made out in the agreement. Their act does not amount to deficiency of service or unfair trade practice, hence the question of refund along with interest does not arise.

        On discussions made above and on considering the facts and circumstances of the case, it would be clear from the all communications exchanges between the Complainant and the 1^st Opposite Party, marked as Ex.B-3, from 13.10.2014 to 01.11.2014, the Complainant had specifically insisted for free pick up/drop and sightseeing and complimentary breakfast during vacation stay, as the same was agreed to him before entering into the agreement, and he had sought for confirmation on the said issues as found in Ex.A-3 the 1^st Opposite Party by their reply mail had clearly explained to the Complainant the facilities that could be provided as per the agreement entered into by the Complainant. As the Complainant was not satisfied with the reply given by the Opposite Party on the issue of free pickup/drop and sightseeing as well as an complimentary breakfast, had sought for refund of the membership fees paid by him as the same was  not financial feasible for him. The 1^st Opposite Party in this regard had contended highlighting the clauses agreed by the Complainant under the Club Membership Purchase Agreement (Ex.A-2) and under clause 10, “The second Party understand that THE MEMBERSIP FEES IS NON-REFUNDABLE UNDER ANY CIRCUMSTANCES and that THE MEMBERS FEE IS NOT A DEPOSIT” and also had referred clauses 32,33,36 & 37 of Vacations Agreement, the undertaking made by the Complainant, under clause.32, “The Second Party hereby agrees to purchase vacation of CCIL’s vacations and CCIL accepts the same, subject to the  terms and conditions of this Agreement, under clause 33, “Second Party has understood the benefits available under the vacations scheme which are more particularly listed out in this Agreement. Second Party further understands that no benefits other than those listed in this Agreement will be available to Second Party”, under clause 36, “Apart from these Terms & Conditions as mentioned above, all other statutes as applicable shall be binding on second Party. Any amendment or enactment a legislation resulting in additional obligation on First Party or changing the nature of any activity undertaken by First Party to the detriment of the First Party then the provisions in this agreement to the extent the additional obligation are imposed on the First Party and the provisions in this agreement to the ext the law applicable is changing the nature of activity undertaken by the First Party would be considered as extinguished before the amendment or enactment of the legislation coming into force and the Company would not be held responsible for consequences of changes” and under clause 37, “Second Party understands that this agreement (in the printed form ONLY) SUPERCEDES any communication whether written or oral or any variation or hand written remarks rewriting the printed Agreement made by the Agents and/or representative of CCIL or Second Party to this Agreement and/or any other written communication issued by CCIL representative (including on Company Letter Head or STAMP PAPER). Further, Second Party understands that the benefits and terms of the vacation as set out in this Agreement are final and binding on CCIL, and Second Party”. As per the above clauses, it is clear that the Complainant had signed the said agreements and having signed the same he is estopped from the claiming the facilities which is not mentioned in the said agreement, further the Complainant ought to have obtained confirmation from the 1^st Opposite Party before entering into the said agreements, with the 1^st Opposite Party, having not done so, the Complainant’s claim of oral assurances made by the 1^st Opposite Party’s representative before entering into the agreements is not supported by any valid documentary evidence except the mail communications, hence the said contentions of the Complainant is not legally sustainable. Further the Complainant had not raised any other issues mentioned in the complaint except the two issues discussed above and the other issues raised in the complaint were not supported by any valid documents and hence the same are not legally sustainable.  Further, the Complainant had sought for vacation booking at Goa between 06.11.2014 to 09.11.2014 and the stay was blocked for the said dates after confirmation with the Complainant as per mail dated 29.10.2014 as found in Ex.A-3, since the issues of free pick up/drop and complimentary breakfast was not compromised between the Complainant and 1^st Opposite Party, the Complainant had sought for refund of membership fees. Hence, we hold that the Complainant has not proved the unfair trade practice or deficiency of service on the part of the Opposite Parties. Therefore, we are of the considered view that the Opposite Parties 1 and 2 had not committed any unfair trade practice or deficiency of service. Accordingly, Point No.1 is answered.

Point Nos.2 and 3:-

        As discussed and decided Point No.1 against the Complainant, the Complainant is not entitled for any reliefs claimed in the Complainant and also not entitled for any other relief/s. Accordingly, Point Nos.2 and 3 are answered.

In the result the complaint is Dismissed. No costs.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 6^th of September 2022.

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 List of documents filed on the side of the Complainant:-

Ex.A1	-	Copy of a. Receipt and letter b. Credit card EMI
Ex.A2	-	Copy of purchase Agreement for Club and Vacation Membership
Ex.A3	-	Copy of Emails
Ex.A4	-	Copy of Notice dated 08.09.2014

 

 

List of documents filed on the side of the Opposite Parties:-

 

NIL

 

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT