BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, AMRITSAR.
Consumer Complaint No. 484 of 2017
Date of Institution:21.7.2017
Date of Decision: 4.2.2019
- Monika Punj wife of Sh. Munish Punj, aged about 40 years
- Munish Punj son of Sh.P.C. Sharma agted about 42 years both residents of 167-A, Rani Ka Bagh,Amritsar
Complainant
Versus
- Country Vacations, A Division of Country Club (India) Limited Company, having its office at 3rd Floor, Trillium Mall, Circular Road, Amritsar through its Manager/Officer Incharge
- Country Vacations, A Division of Country Club (India) Limited Company having its corporate office at Country Club Kool # 6-3-1219, 4th Floor, Begumpet, Hyderabad 16 through its Manager/Officer Incharge
Opposite Parties
Complaint under section 12 & 13 of the Consumer Protection Act, 1986
Present : For the complainant : Sh.Munish Kohli,Advocate
For the opposite parties : Sh.Ashok Kalia,Advocate
Coram:
Sh. Charanjit Singh, President
Mr.Anoop Sharma, Member
Ms. Rachna Arora, Member
Order dictated by:
Sh. Charanjit Singh, President
1. Present complaint has been filed by Monika Punj and Munish Punj under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that they visited opposite parties No.1 & 2at Trillium Mall, Amritsar where they were persuaded by the representatives of the opposite party to be the members of their club for having wonderful vacations at different stations. On the persuasions of the representatives of the opposite parties the complainants deposited a sum of Rs. 1,15,000/- and an agreement dated 4.11.2016 was executed between them, the contents of which were never read over and explained to them. The complainants had given membership of country vacations/fitness centre by local agent namely Ms. Anupama and Mr. Vivek Rai, TO Manager and on the instructions and assurance for providing services as mentioned in the brochure as well as hand written notes explaining the facilities provided to the complainants by opposite party’s aforesaid manager for the facility of life long membership of country club fitness at Trillium Mall, Amritsar with the facilities of full equipped Gym, personal training, weight loss, Aerobic, cardio, yoga, zumba classes and accordingly, the said manager of opposite party took the signatures of complainants on one printed paper and on stamp papers 4.11.2016 and accordingly the complainant made payment of Rs. 1,15,000/- as discounted membership fee. At the time of execution of the agreement executed between them, it was explained by the TO Anupama with her own hand writing while explaining the facilities to the complainants and offered two gold coins of one gram each alongwith dinner set and five years vacation voucher addition to the life time membership. It was also offered by the opposite parties that later on some food vouchers were provided to the complainants, but none of the abovesaid facilities were provided to the complainants nor the membership cards were issued by the opposite parties to the complainants. The complainants vide e-mail dated 13.5.2017 sought refund of the hard earned money, but no satisfactory reply was sent by the opposite party nor the request of the complainants was considered. The opposite parties assured complainants to provide all the abovesaid facilities mentioned in the brochure alongwith other facilities to provide lots of facilities including membership of many others clubs all over India as well as Abroad and on coming in their sweet words complainants booked one vacation plan which was for membership for payment of Rs. 1,15,000/- and it includes complimentary 6 nights and 7 days holiday voucher for 5 years in five star hotel anywhere in India holiday for 6 nights and 7 days stay at Malaysia and Philippines respectively, apart from life long membership of their gym at Trillium Mall, Amritsar , complementary spa for 3 years, dinner set, gym bag every year till 4 years, apart from the swimming pool facility with gym and other facilities were offered at the time of taking money from the complainants. But inspite of showing so much dreams and taking of such a huge amount of Rs. 115000/-the opposite parties never allowed the complainants to enter into the gym of the opposite parties which itself reflects unfair trade practice . TO manager of the opposite party namely Ms.Anupama mislead the complainant and at the time of execution of agreement in question she stated that she would provided a permanent free visiting entry card for lumbsden club Amritsar and no entry fee would be charged. But the said lumbsden club never accepted entry of the complainants since the date of membership due to which the complainant suffered embarrassment, mental agony, insult and defamation. After refusal of the opposite parties to accede to the genuine request of the complainants, the complainants demanded back the amount of Rs 1,15,000/- but the opposite parties put off the matter on one pretext or the other . The aforesaid act of the opposite parties amounts to deficiency in service, unfair trade practice . Vide instant complaint, complainants have sought for the following reliefs:
(a) Opposite parties be directed to refund the amount of Rs. 1,15,000/- alongwith interest @ 18% p.a. to the complainants.
(b) Compensation to the tune of Rs. 20000/- alongwith adequate litigation expenses may also be awarded to the complainants.
Hence, this complaint .
2. Upon notice, opposite parties No.1 & 2 appeared and filed written version in which it was submitted that complainants came to the office of the opposite party company, where brief presentation was given to her by the representatives of the opposite party and offered various plans of the country club. Complainant opted for blue season membership of 10 years vacation membership and entered into an agreement dated 4.11.2016. As per the said agreement, the consideration i.e. vacation charges were agreed to be non refundable, which were fixed at a negotiated at a price of Rs. 1,20,000.0 i.e. the produce price as mentioned in the agreement in question and if complainant opted to pay in cash then the price was Rs. 90000/-. The vacation charges were paid by the complainant on 4.11.2016 i.e. on the same day by way of credit card swipe. The complainants are entitled to stay for a period of every year for upto 6 nights and seven days each year for properties of opposite parties within India for 10 years from the date of agreement as mentioned in the vacation agreement under clause No.1 under the heading vacation benefits. The procedure to book holidays was online as per clause No. 15 under the heading “particulars of vacations” of the agreement which he was required to do online and also through application downloading by the applicant where she could do the booking online. As per clause No. 8 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 submitted that complainant was given a brief presentation by the sale representative of the opposite parties in the last week of October 2016, in which benefits terms and conditions of various membership plans were explained to the complainants and the properties of opposite parties were shown to the complainants on the laptop After comparing various membership plans, being fully satisfied and considering their requirements , the complainant decided to opt for blue season plan for 10 years. It was denied that contents of the agreement dated 4.11.2016 were never read over and explained to the complainants. It was denied that any broucher and hand written notes were provided to the complainants. It was denied that any assurance for life time club fitness was agreed to be provided to the complainants because complainants had only opted for vacation membership and not club membership. It was submitted that as per agreement it was agreed that the membership fee is non refundable under any circumstances . It was denied that orally assurances were given by the TO manager of opposite party company. However, it was submitted that complainant is entitled to the benefits under the Vacation agreement which she has opted. It was denied that complainant has made the payment after coming in sweet words of opposite party and booked one vacation plan which was for membership for payment of Rs. 1,15,000/- and it includes complimentary 6 nights and 7 days holiday voucher for 5 years in five star hotel anywhere in India , holiday for 6 nights and 7 days at Malaysia and Phillippines. It was submitted that complainant entered into vacation agreement dated 4.11.2016 and eligible for benefits mentioned in the said agreement which stated that complainants are entitled to vacations only and that too within India only and not abroad. It was denied that lifelong membership of opposite parties gym at Trillium Mall, Amritsar complimentary spa for 3 years, dinner set, gym bag every year till 4 years, apart from the swimming pool facility with gym and other facilities were offered to the complainant by the opposite parties . While denying and controverting other allegations, dismissal of complaint was prayed.
3. In his bid to prove the case Sh. Munish Kohli,Adv.counsel for the complainant tendered into evidence affidavit of the complainant Ex.CW1/A, copy of purchase agreement Ex.C-1, copy of plan/facilities dictated by representative of the opposite party Ex.C-2 to Ex.C-11 and closed the evidence on behalf of the complainant.
4. To rebut the aforesaid evidence Sh.Ashok Kalia,Adv.counsel for the opposite parties tendered into evidence affidavit of Sh. Bharat Reddy Legal Officer Ex.OP1 and closed the evidence on behalf of the opposite parties.
5. We have heard the Ld.counsel for the parties and have carefully gone through the record on the file.
6. Ld.counsel for the complainants has vehemently contended that on the persuasions of the representatives of the opposite parties the complainants deposited a sum of Rs. 1,15,000/- and an agreement dated 4.11.2016 was executed between them, copy of agreement is Ex.C-1 on record. It was the case of the complainants that at the time of execution of the agreement executed between them local agents of the opposite party namely Ms. Anupama and Mr. Vivek Rai, TO Manager and on the instructions and assurance for providing services as mentioned in the brochure as well as hand written notes explaining the facilities provided to the complainants by opposite party’s aforesaid manager for the facility of life long membership of country club fitness at Trillium Mall, Amritsar with the facilities of full equipped Gym, personal training, weight loss, Aerobic, cardio, yoga, zumba classes as well as also offered two gold coins of one gram each alongwith dinner set and five years vacation voucher addition to the life time membership. It was also offered by the opposite parties that later on some food vouchers were provided to the complainants, but none of the abovesaid facilities were provided to the complainants nor the membership cards were issued by the opposite parties to the complainants, copies of handwritten notes of the representatives of the opposite parties is Ex.C-2 to Ex.C-11 on record. It was the case of the complainants that inspite of showing so much dreams and taking of such a huge amount of Rs. 115000/-the opposite parties have not provided any of the service as assured by them at the time of execution of the agreement and the said act of the opposite parties amounts to deficiency in service as well as unfair trade practice on the part of the opposite parties
7. Whereas Ld.counsel for the opposite parties have vehemently contended that the complainant opted for blue season membership of 10 years vacation membership and entered into an agreement dated 4.11.2016. As per the said agreement, the consideration i.e. vacation charges were agreed to be non refundable, which were fixed at a negotiated at a price of Rs. 1,20,000.0 i.e. the produce price as mentioned in the agreement in question and if complainant opted to pay in cash then the price was Rs. 90000/-. The vacation charges were paid by the complainant on 4.11.2016 i.e. on the same day by way of credit card swipe. The complainants are entitled to stay for a period of every year for upto 6 nights and seven days each year for properties of opposite parties within India for 10 years from the date of agreement as mentioned in the vacation agreement under clause No.1 under the heading vacation benefits. After comparing various membership plans, being fully satisfied and considering their requirements , the complainant decided to opt for blue season plan for 10 years. However, it was denied that any broucher and hand written notes were provided to the complainant vide which any assurance for life time club fitness was agreed to be provided to the complainants because complainants had only opted for vacation membership and not club membership. It was submitted that as per agreement it was agreed that the membership fee is non refundable under any circumstances . It was also denied that lifelong membership of opposite parties gym at Trillium Mall, Amritsar complimentary spa for 3 years, dinner set, gym bag every year till 4 years, apart from the swimming pool facility with gym and other facilities were offered to the complainant by the opposite parties .
8. But, however, from the appreciation of the evidence on record, it becomes evident that the opposite parties are deficient in service. The contract agreement vide which the complainant obtained membership of the Country Club India Ltd, has been admitted by the opposite parties. It is also an admitted fact that the complainant deposited a sum of Rs. 1,15000/- on 4.11.2016 for becoming the member of the club. It is also an admitted fact that complainant was entitled to holidays in India as well as Abroad for 6 nights 7 days in a year for 10 years. However, the opposite parties denied that any brochure and hand written notes were provided to the complainants vide which the complainants were assured to provide the facilities such as facilities of full equipped Gym, personal training, weight loss, Aerobic, cardio, yoga, zumba classes and also offered two gold coins of one gram each alongwith dinner set and five years vacation voucher addition to the life time membership. But,however, the complainants have placed on record handwritten notes given by the representatives of the opposite parties fully explaining the facilities which were assured to be provided , copies of which are Ex.C-2 to Ex.C-11 on record. However, none of these facilities were ever provided to the complainant. Opposite parties have simply denied that no such facilities were ever assured to be provided by the representatives of the opposite parties. Moreover it is settled principle of law that in case, two plausible views were available, under given set of facts, the court shall be obliged to the view which was favourable to the consumer. Reference in this regard can be had to “Kulwinder Singh Versus LIC of India “ 2007(1) CLT 303 (Punjab) wherein it has been held that “where two views are possible, the one, which favour the consumer should be taken” . This shows that opposite parties are deficient in service. Facts of the case in hand attract to the ratio of law laid down in 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.”. It was also held by the Hon’ble National Commission, New Delhi in case titled “Country Club Versus Nirmal Kumar Pandey” vide order dated 22.4.2014 that consumer can seek compensation when club and resort membership turned out to be illusory. 9. On account of unfair trade practice being carried out by the opposite parties for not providing the facilities as agreed by opposite parties to the complainants, the complainants have suffered a great mental pain, agony, harassment at the hands of the opposite parties. Act & conduct of the opposite parties amounts to gross negligence, carelessness , deficiency in service and unfair trade practice and the complainants are required to be compensated in accordance with law. In our considered view the complainants are entitled to refund of the total fee amount of Rs. 1,15,000/- alongwith interest @ 9% p.a. from the date of order until full and final recovery. Cost of the litigation are assessed at Rs. 3000/-. 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.
