Chandigarh

DF-II

CC/917/2019

Sooba Singh - Complainant(s)

Versus

Country Vacations(A Division of Country Club Hospitality and Holidays Limited) - Opp.Party(s)

Adv. Sukhvinder Singh Plaha & Nitika Singla

09 Jun 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	917/2019
Date of Institution	:	10.09.2019
Date of Decision	:	09.06.2021

 

                                       

                       

 

1.     Sooba Singh s/o Sh.Harbans Singh

2.     Kulwinder Kaur wife of Sooba Singh both residents of H.No.615, Sector 47-A, Chandigarh

                                ...  Complainants.

Versus

Country Vacations (A Division of Country Club Hospitality and Holidays Limited) (CCHHL), Regd. Office at Amrutha Castle, 5-9-16, Saifabad, Opposite Secretariat, Hyderabad-500063 and Cooperate Office at Country Club, Kool Building, 6-3-1219, Begumpet, Hyderabad-500016 through its Managing Director.

 

3rd Address:  SCO 44-45, 2nd Floor, Above Punjab National Bank, Madhya Marg, Sector 9-D, Chandigarh -160009.

…. Opposite Party.

 

 

BEFORE:
		SHRI RAJAN DEWAN,	PRESIDENT
		SMT.PRITI MALHOTRA,	MEMBER
		SHRI B.M.SHARMA	MEMBER
Argued by:-
	None for the complainant
	Sh.Pradeep Sharma, Adv. for OP.

 

      

 

PER RAJAN DEWAN, PRESIDENT

1.         The brief facts of the case as alleged by the complainants are that being allured by the promises made by Sh.Baljinder Singh, Executive of the OP, they entered into a sale agreement dated 02.09.2018 (Annexure C-1) to purchase the membership of the OP for a sum of Rs.86,000/- and deposited an amount of Rs.71,000/- by way of three transactions through debit card (Annexure C-2 (colly.) and paid Rs.15,000/- cash to Sh.Baljinder Singh on 17.09.2018. After waiting sufficiently for the membership, the complainants approached the OP and they were informed that no membership card was to be given and only a membership detail was to be provided subject to payment of Rs.5,000/- as cost, which was not mentioned in the agreement.  Accordingly, they paid Rs.5,000/- in cash to the OP and thereafter they were issued acknowledgment of Rs.71,000/- only instead of Rs.86,000/-.  They were informed that they were required to pay Rs.10,500/- towards mandatory annual administrative charges irrespective of uses of facility and they were eligible for 6 nights 7 days holidays under the category Season Blue and Room Type: Studio for 2 Adults and 2 Children under 12 years age.  According to the complainants, they requested the OP to provide the receipt for Rs.15,000/- and Rs.5,000/- paid in cash but the same was not issued on one pretext or other.  It has further been averred that they have been trying to avail the services of the holiday vacation for his family for the period as mentioned in the agreement by visiting the OP’s office on various occasions but they have been denied the benefits on one pretext or other and finally they requested the OP to cancel the membership and to refund the deposited amounts but to no effect.  Ultimately, the complainants got served the OP with a legal notice dated 05.07.2019 but all in vain. Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the OP, the complainant has filed the instant complaint.
2.         In their written statement, the OP has admitted that the complainants entered into the agreement on 02.09.2018 for Rs.86,000/-  and paid Rs.71,000/- in three transactions only and not Rs.86000/- as alleged.  As per Clause 10 of the agreement annual charges of Rs.10,500/- excluding taxes is applicable and to be paid in advance every year irrespective of uses of facility.   It has further been averred that as per clause 26 of the agreement, the complainants were entitled to cool off period of 10 days from the date of signing the agreement and they were free to cancel the agreement and claim the refund of the amount after deduction of Rs.3,800/- and after the expiry of the aforesaid period, the membership fee is non-refundable under any circumstances. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on their part, a prayer for dismissal of the complaint has been made.
3.         We have heard the learned Counsel for the OP and have gone through the documents on record.
4.         The objection of the OP is that the present complaint involves complicated questions of law and facts and the same is exclusively triable by the Civil Court is untenable. The Hon’ble Supreme Court of India in the case reported in III (2002) CPJ 8 (SC) titled as Dr. Merchant & Others versus Shrinath Chaturvedi held that “even if complicated questions of law and facts are involved, the Consumer Fora is competent to decide consumer cases”.  The present complaint pertains to the services to be provided by the OP as per the Sale Agreement dated 02.09.2018 (Annexure C-1) regarding the membership of the OP-Club and such services are covered under Section 2(1)(d) of the Consumer Protection Act, 1986.  The present complaint before this Forum is maintainable as per the law.
5.         In the instant case, the complainants were fascinated by false exaggerated promises of OP regarding providing vacation facilities on gaining its Membership.  Accordingly, the complainants have paid an sum of Rs.71,000/- through debit card in three transactions whereas the amounts of Rs.15,000/- and Rs.5,000/- have been alleged to be paid in cash.  However, the complainants have not been able to lead any reliable documentary evidence regarding the payment of Rs.20,000/- in cash to the OP and as such they cannot be held entitled to that amount. 
6.         However, it is apt to mention here that the OP even after getting such a huge amount of Rs.71000/- from the complainants, failed to provide them any facility of stay in any of the Company’s Hotel/resort despite their repeated requests/visits which itself amounts to deficiency in rendering proper service, as also indulgence into unfair trade practice.
7.         The complainants have not been provided any facilities by the OP, as such, they have got every right to get back their money, which they have paid for membership of OP Club.   The complainants have also served a notice dated 05.07.2019 upon the OP requesting them to refund the deposited amounts but they did not take any pain to refund the said amount to them. The OP who failed to provide any services to the complainants cannot be allowed to take shelter under agreement Clause to usurp money deposited by them. The OP is liable to pay back the hard earned money of the complainants i.e. Rs.71,000/- with interest. 
8.       Keeping into consideration the fair play and interest of justice, the complaint is allowed with direction to the OP to :
   1. refund Rs.71,000/- along with interest @ 9% p.a. from the date of its deposit till its realization to the complainants.
   2. pay a sum of Rs.15,000/- towards compensation for mental agony and physical harassment to the complainants.
   3. pay a sum of Rs.11,000/- as litigation expenses.
9.      This order be complied with by the OP, within 30 days from the date of receipt of its certified copy, failing which the amount at Sr.No.(ii) shall also carry interest @9% per annum from the date of this order till its actual payment besides compliance of other directions.
10.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced 09/06/2021	Sd/-
	(RAJAN DEWAN) PRESIDENT
	Sd/-
	(PRITI MALHOTRA) MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER