Order dictated by:

Ms.Rachna Arora,  Presiding Member

1.       Mrs. Madhavi Bedi, complainant  has brought the instant complaint under  section 12 & 13 of the Consumer Protection Act, 1986  on the allegations that the opposite party advertised and offered the complainant a holiday vacation plan.  The complainant was allured to enter a vacation plan on 3.6.2016 and club membership thereto, copy of same is Annexure C-2.. The complainant was approached by the executives of the opposite party who allured the complainant about the vacation club plans where there would be lot and lots of facilities  including membership of many clubs in all over India and Abroad, club facilities, SPA facilities besides gold coin, dinner set, 2 years SPA vouchers, 10 extra vouchers for 6 nights/7 days of vacation and many other verbal assurances. The complainant coming in their sweet words booked one  vacation plan which was for 5 years period on payment of Rs. 1,45,000/- and made the payment of Rs. 1,09,250/- to the opposite party which includes complimentary holiday for Bangkok for 6 nights & 7 days. The opposite party did not issue any letter of the membership to the complainant after taking the money  as assured to be issued within a week time. The complainant keep on approaching the opposite party many a times to issue the membership letter and also to give her the holiday package   as assured and also gave her the vacation plan and send her the destinations so that she could select from those  destinations. Since 3.6.2016 complainant made futile calls to the opposite party to give her the assured holiday plan besides vacation plan ad also gave her the letter of membership, but till the filing of the present complaint, opposite party has not issued her the letter of membership any holiday plan and vacation plan to the complainant.  The complainant fed up with the hostile attitude of the opposite party now requested the opposite party to refund her deposit with interest but the opposite party did not pay any heed to the request of the complainant. The act of the opposite party in not providing club vacation plan and other facilities offered to the complainant and also not issuing the membership letter/certificate is an act of deficiency in service, malpractice, unfair trade practice for which the complainant has caused lot of mental agony, harassment, inconvenience besides financial loss . Vide instant complaint, complainant has sought for the following reliefs:-

(a)     Opposite party be directed to refund Rs. 1,09,250/- alongwith interest @ 15% p.a. from the date of payment till realization to the complainant ;

(b)     Compensation to the tune of Rs. 50000/- alongwith adequate litigation expenses may also be awarded to the complainant.

2.       Upon notice, opposite party appeared and filed written version in which it was submitted that complainant entered into an Agreement dated 3.6.2016 titled as “Purchase Agreement for Vacation Membership”  (Excludes Club membership) copy of the same is Ex.C-2. The plan opted by the complainant is category of “Blue Season” under which as per clause No. 1  under the heading vacation benefits  in the agreement, complainants are entitled to a stay for a period of every year for upto 6 nights and 7 days each year at opposite party’s property within India for the next 10 years from the date of agreement i.e. upto year 2026. In blue season category, holidays can be booked online through the members portal or mobile app or by contacting the reservations department of the opposite arty between 60 days to 45 days in advance before the desired holiday dates as is clearly stated in para No.23 under the heading “Terms and conditions”. After negotiations the consideration amount i.e. vacation charges was fixed at Rs. 1,15,000/- which was towards one time non refundable vacation charges. The complainant paid only an amount of Rs. 1,00,000/- and there is still a due of Rs. 15000/- to be paid by the complainant.  It is clearly mentioned in the agreement itself that the vacation charges is non refundable under any circumstances . As per clause No. 9 of the agreement in question complainant is also required to pay annual maintenance charges of Rs. 8500/- which are applicable from the date of agreement itself, which complainant failed to pay till date. It was denied that complainant was assured of providing Spa facilities, gold coin, dinner set, 2 years spa vouchers, 10 extra vouchers for 6 nights/7 days of vacation and many other verbal assurances. It is pertinent to mention here that as per clause 16 of the agreement, it is clearly mentioned that holiday is to be booked online by going to the website of opposite party, filling user name and password as provided to the complainant in the payment receipts, welcome letter. There is no process of providing any separate letter of the membership  to the members by the opposite party, the members are provided membership number, user ID and password with which they can book their vacations once they have cleared the membership fee dues and also by paying the  AMC charges. The complainant was issued membership number i.e. CVAMSIV10LB221334 under ID

3.       Alongwith the complaint, complainant has filed her affidavit Ex.C-1, copy of agreement for vacation membership Ex.C-2.

4.       On the other hand alongwith written version, opposite party filed  copy of board resolution Ex.R-1, copy of payment receipt Ex.R-2 (Colly), copy of receipt Ex.R-3.

5.       We have heard the Ld.counsel for the parties and have carefully gone through the record on the file.

6.       From the appraisal of the evidence on record, it becomes evident that the complainant entered into an agreement dated 3.6.2016 , copy of which is Ex.C-2  and the contract was settled at the rate of Rs. 1,09,250/-. However, the opposite party in its written version has submitted that the agreement was executed at a consideration of Rs. 1,15,000/- and the complainant paid Rs. 1,00,000/- only and Rs,. 15000/- is still due against the complainant.  It was the case of the complainant that since the date of agreement i.e. 3.6.2016 till the filing of the present complaint, the opposite party has not provided the letter of the membership to the complainant . Not only this the opposite party has also not provided the holiday plan besides the vacation plan, as such the complainant was unable to utilize the facilities as were assured while entering into an agreement.  On the other hand the opposite party has admitted the membership plan availed by the complainant vide agreement dated 3.6.2016. However, the opposite party contended that the fee for the said membership was fixed at Rs. 1,15,000/- but the complainant has made payment of Rs. 1,00,000/- and hence, Rs. 15000/- are still due towards the complainant. But we are not agreed with this plea of the opposite party as the complainant was issued the agreement for vacation membership and consideration was fixed at Rs. 1,09,250/- and not for Rs. 1,15,000/- .  As such the opposite party just to escape themselves have made false pleas without going through the true facts. However, regarding the issuance of letter of membership as well as holidays plan besides the vacation plan, the opposite party stated that there is no need of providing any separate letter of membership as the members are provided membership number , user ID and password with which they can book their vacations . But we are not agreed with this plea of the opposite party as the complainant has hired the services of the opposite party by spending a huge amount of Rs. 1,09,250/-  and it was the foremost duty of the opposite party to provide each and everything in written to the complainant as everyone is not aware of the internet services . So the opposite party is only taking false pleas only to escape themselves from their liability. Once the opposite party has not provided the services, the opposite party are liable to refund the amount which they have taken from the complainant. Reliance in this connection has been placed upon  Harsharan Singh Versus Country Club India Limited & others  decided on 1.4.2015  by the Hon’ble State Commission, Chandigarh, wherein it has been held that complainant is entitled for the refund of Rs. 80000/-  which he paid to the opposite parties alongwith interest @ 9% per annum which would cater for compensation on account of harassment and mental agony, suffered by him because of deficiency in rendering service, on the part of the opposite parties.”.

7.       On account of unfair trade practice being carried out  by the opposite party  for not providing  the facilities as agreed by opposite party to the complainant, the complainant  has suffered  a great mental pain, agony,  harassment at the hands of the opposite party. Act & conduct of the opposite party amounts to gross  negligence, carelessness , deficiency in service and unfair trade practice and the complainant is required to be compensated in accordance with law. In our considered view the complainant is entitled to refund of the total fee amount of Rs. 1,09,250/- alongwith interest .

8.       In view of the above discussion, we allow the complaint with costs and the opposite party is directed to refund Rs. 1,09,250/- alongwith interest @ 9% p.a. from the date of agreement dated 3.6.2016 until full and final recovery. Cost of the litigation are assessed at Rs. 5000/-. Compliance of this order be made within a period of 30 days from the date of receipt of copy of order ; failing which, complainants shall be entitled to get the order executed through the indulgence of this Forum. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.