COMPLAINT FILED ON:23.07.2011

DISPOSED ON:27.08.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

27^th DAY OF AUGUST 2012

       PRESENT:- SRI. B.S.REDDY                PRESIDENT                        

                          SRI.A.MUNIYAPPA                  MEMBER

O R D E R

SRI. B.S.REDDY, PRESIDENT

The complainant filed this complaint U/s. 12 of the C.P. Act of 1986 seeking direction against the Opposite Party (herein after called as OP) to refund an amount of Rs.91,000/- or higher and a Oven (or an equivalent amount) be offered as promised immediately and to pay an amount of Rs.25,000/- towards booking amount of a club hotel in Kerala with the Travel coupon offered on the allegation of deficiency in service.

2. The case of the complainant to be stated in brief is that:-

On 26^th February, 2011 around 3.P.M. the complainant’s wife received a phone call from a person named Anil, informing her that she was one of the 116 lucky members who was selected in the lucky dip and she has to come with her husband to their office at Koramangala by evening 5 P.M. to collect some gifts on the same day.  He informed that the gifts included a Kitchen set and Rs.25,000/- worth of travel voucher.     The complainant and his wife went to the spot at Koramangala to the Office adjacent to SKC and there they saw name board of the OP.   Then only the complainant came to know that the phone call was received from OP.   When they went into their office to collect the gifts, the receptionist told him that they have to attend a one hour session to collect the gifts.    The Executive of OP explained the complainant and his wife about the membership of Country Vacations and Country Club.   They told three membership schemes, the first scheme was Rs.91,000/- for India + A oven as a special gift.   Since the complainant was given the membership plan 1 at 30% discount i.e., around Rs.63,000/-, and he was informed that if he is not interested in this, he can resell it at a price of around Rs.91,000/-.   The complainant was informed that he would be getting the brochures and temporary membership cards within a week.    The complainant has paid Rs.63,000/- towards membership fee.   On 10.03.2011 he had sent a mail to Customer Care of OP to resale his membership stating the reason but he did not get any reply for that.   On 02.03.2011 he has sent another mail for resell of the membership, there was no response for the same.   On 03.03.2011 the complainant has sent mail to the Customer Care I.D. asking them to process to book a club hotel in Kerala with the Rs.25,000/- gift voucher which the complainant has received on 26.02.2011.   The complainant wrote a letter to the Manager of the Corporate Office asking for a resale or refund of the membership amount.   No reply is received for the said letter.   The complainant has made payment of membership fee through Citi Bank Credit Card.   Thus the complaint.

3. Op filed version contending that this Forum has no jurisdiction to entertain the complaint, the Courts in Secunderabad and Hyderabad are having jurisdiction.   There is no any deficiency in service on the part of the OP.    After going through the advertisement of the OP, the complainant fixed up an appointment to know more about the offers.     One of the executive of the OP met the complainant and explained about its various schemes.   The complainant being impressed with the offers became the member by paying non-refundable sum of Rs.63,000/-.    It will be the duty of the complainant to avail all the services and benefits of the club.   The complainant did not utilize the offers and for the mistake of the complainant, the OP shall not be liable.   OP is now even ready to provide all the benefits of the club and the benefits as mentioned in the offer letter.   The complainant knows the fact that the membership fee shall not be refunded the complainant has utilized the club facilities with other such complimentary benefits and now has come up this complaint to encash the entire amount paid after having utilized the complimentary benefits.   Hence, it is prayed to dismiss the complaint.

4.   The complainant in order to substantiate complaint averments filed affidavit evidence and produced documents.   The Sales Executive Customer Care of the OP filed affidavit evidence in support of the defence version

5.   The complainant filed Written Arguments.

6.   Arguments from complainant side heard, OP side taken as heard.

7. The points for our consideration in this complaint are as under:     

Point No.1:-Whether the complainant has proved the deficiency in service on the part of the OP?

           Point No.2:-If so, whether the complainant is entitled for the relief’s now claimed?

           Point No.3:-To What order?

8. We record our findings on the above points:

           Point No.1:-Affirmative

   Point No.2:-Affirmative in part

   Point No.3:-As per final order.

R E A S O N S

At the outset, it is not at dispute that the complainant believing the assurances and the promises made by the Executives of the OP regarding the offers to become member of OP paid an amount of Rs.63,000/- Membership Fee on 26.02.2011 and became member of OP-club.   The grievances of the complainant are at the time of becoming member, OP assured that the membership taken by him can be resold at the price of around Rs.91,000/- and he would be getting brochures and temporary Membership cards within a week but in fact OP has failed to send the brochures and membership cards to the complainant.   The act of OP in not issuing the membership card and not responding to the letters sent by the complainant to resell the membership amounts to deficiency in service on the part of the OP.   Without the membership card being issued, the complainant could not have utilized the services of the club.   We are unable to accept the defence of the OP that the complainant has utilized the services of the Club and now he is not entitled to claim refund of the amount, on the ground that the membership fee paid is non-refundable.   Travel Voucher given to the complainant to an extent of Rs.25,000/- is also not utilized by the complainant as OP has not responded to his letter dt.03.03.2011 asking to book a club hotel at Kerala.   On the basis of that gift voucher, a complimentary offer a Ovan as a special gift is also not given to the complainant.   Thus it becomes clear that OP has not fulfilled its obligations by providing the club membership card and the brochures and a special gift, thereby the complainant was made to pay the membership fee of Rs.63,000/- that he has not availed any services.   Under these circumstances, we are of the view that the complainant is entitled for refund of the amount of Rs.63,000/- paid towards membership fee along with interest at 18% p.a. by way of compensation and litigation cost of Rs.2,000/-.    Accordingly we proceed to pass the following:

O R D E R

The complaint filed by the complainant is allowed in part.

OP is directed to refund an amount of Rs.63,000/- with interest at 18% p.a. from 26.02.2011 till the date of realization and pay litigation cost of Rs.2,000/-to the complainant.

This order is to be complied within four weeks from the date of its communication.

Send copy of this order to both the parties free of costs.

         (Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 27^th DAY of AUGUST-2012.)

MEMBER                                                         PRESIDENT

Cs.