BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL FORUM, JALANDHAR.

Complaint No.210 of 2010

Date of Instt. 30.06.2014

Date of Decision :31.03.2015

1. Col.K.S.Tapia (Retd.) son of Sewa Singh;

2. Amardeep Kaur wife of Col.K.S.Tapia (Retd.);

both residents of temporary address -20, The Mall, Jalandhar Cantt and permanent address H.No.2823, Phase-7, Mohali.

..........Complainants

Versus

1. Country Vacations (A Division of Country Club (India) Ltd), through Mr.Rajeev Reddy C M D of Country Vacations 6-3-1219 Begumpet Hyderabad-500016/

2. Country Vacations (A Division of Country Club (India) Ltd), through Mr.Ravi Parkash Singh, Branch Manager, Branch Office at LGF-12, Viva College Hall, Village Paragpur, G.T.Road Jalandhar.

3. The Country Club (India) Ltd, 6-3-1219 Begumpet Hyderabad-500016.

.........Opposite parties

Complaint Under Section 12 of the Consumer Protection Act,1986.

Before: S. Jaspal Singh Bhatia (President)

Ms. Jyotsna Thatai (Member)

Sh.Parminder Sharma (Member)

Present: Sh.Deepak Jaitly Adv., counsel for complainant.

Sh.Vikas Gupta Adv., counsel for opposite parties.

Order

J.S Bhatia (President)

1. The complainants have filed the present complaint under section 12 of the Consumer Protection Act,1986 against the opposite parties on the averments that opposite parties approached the complainants to get a vacation package of their club in the month of December 2012. After a lone persuasion and coaxing the complainants agreed to get the vacations membership in Country Vacations (A Division of Country Clud (India) Ltd.). Opposite party No.2 entered into an agreement with the complainants on 10.12.2012 to get the vacation membership in opposite parties company and the membership period was from 2012 to 2022 i.e for 10 years. The complainants deposited the money as subscription charges of opposite parties i.e Rs.73,500/- on asking of opposite parties in their company to get the vacation membership. After completion of necessary formalities the opposite parties issued a confirmation letter to the complainants and also issued identification card bearing No.CVJDIVOLB132074 to the complainants. From the beginning of the year 2013 Ms.Srilata employee of opposite parties started chasing the complainants for maintenance money for two years i.e Rs.12,800/-. She also told that in case he deposit the money now then he will get a concession for third year maintenance. He was being chased for maintenance money every fortnight, so finally the money was deposited in the Axis Bank, Phase-7, Mohali in the account number sent by SMS by Ms.Srilata on 20.5.2013. She kept asking to the complainants to take a visit to a hill station Shimla for which the complainants refused. The complainants asked if Manali is available for 2-3 days i.e from 27 May to 29 May, 2013. She told the complainants that she will check and call back to them. After about one hour, she confirmed that Manali is available on the above said dates and she will register the complainants for above dates. After some time Mr.Srilata again contacted to the complainants and confirmed their booking for Manali. She also told the complainants that the details of the booking will come on the internet. On 27.5.2013 when complainants reached at Manali at night then the complainants were surprised to find that there was no hotel in the name of Country Vacations (A Division of Country Club (India) Ltd) at Manali. Even there was no booking for the complainants in any other hotel at Manali. Thereafter the complainants tried to contact office of opposite parties or their employees Ms.Srilata but their employee did not attend the phone of the complainant. On next morning i.e 28.5.2013 the complainants contacted the opposite parties and asked their employee Ms.Srilata about the booking of the complainants but employee of the opposite parties told the complainants that she had booked hotel for the complainants at Hyderabad. The reason for the complainants accommodation at Hyderabad could not be explained by the employee of the opposite parties. Then Mr.Satish employee of opposite parties tried to find out about this wrong arrangement but he miserably failed. The complainants were physically and mentally harassed by the opposite parties. The complainants had to face lot of hardship during that period at Manali. Due to inadequate services of opposite parties the complainants had to face lot of harassment and inconvenience and the vacations of the complainants was messed up by opposite parties and their employees. The complainants had to pass the night in the car under own arrangements as a lot of time was wasted looking for hotel at Manali, as being a peak season so no satisfactory accommodation was available in any hotel. This is the first booking of the complainants which was scuttled by the opposite parties and their employee. On 4.6.2013 the complainants made requests through registered post to opposite parties to cancel this agreement and to refund the amount of the complainants but the opposite parties have not bothered to reply the request of the complainants. The complainants duly served upon the opposite parties a legal notice dated 15.4.2014 to cancel the agreement and to refund the amount but till date neither the amount has been refunded nor any reply has been given by the opposite parties. On such like averments, the complainants have prayed for directing the opposite parties to refund the amount of Rs.86,300/- i.e Rs.73,500 plus Rs.12,800/- alongwith interest. They have also claimed compensation and litigation expenses.

2. Upon notice, the opposite parties appeared and filed their joint written reply pleading that the services to be provided to the complainant were strictly as per the terms and conditions of the membership purchase agreement for vacations membership (excludes country club membership) dated 10.12.2012 without any deviation or breach thereof. Whereas the claim of the complainants is based on mere oral allegations, without any evidentiary proof whatsoever that they orally requested opposite parties for booking their holidays to Manali(H.P) for 27.5.2013 and when they reached there they found that there was no reservation made by the answering opposite parties for them at Manali. The complainants have not come to this Fourm with clean hands and have intentionally and willfully suppressed/ concealed material facts from this Forum, which shall dis-entitle them from seeking relief from this Forum. It is submitted that it is wrongfully alleged and that too without any evidentiary proof that complainants made a request for booking holidays for Manali for 27.5.2013, whereas it is pertinent to mention that clause 3 of the above said membership agreement under the clause membership benefits clearly provides for the procedure for booking holidays as:-

"Holiday booking is to be done online (Visit www.CountryClubindia.com click member login and select your location from drop down menu. Login with user name and password, which will be sent alongwith welcome letter and the procedure for booking online, to book your holidays)".

3. It is further pertinent to mention that online booking so done by the complainants was for Hyderabd and the same was done on 16.5.2013 mentioning resort name as "Amrutha Castle", check in date as 27.5.2013, check out date as 29.5.2013. The complainant has concealed that material fact from this Forum that the complainants booked the holidays online and may be by mistake or carelessness or genuinely clicked the destination as Hyderabad but later could not avail the vacations for reasons best known to them. Thus the vacation of first year of complainants was wasted under which they were entitled to 6 nights and 7 days accommodation at hotel/resorts of opposite parties or in affiliated properties. Thus, complainants now feeling little disadvantageous because of the situation created by them themselves are trying to wriggle out of the binding legal contract by way of present false and vexatious complaint which is based on mere bald and oral allegations without any evidentiary proof whatsoever and thus is liable to be dismissed on this score alone i.e lack of evidence. The complainants claim for refund of membership fee is not maintainable as they have deliberately not brought to the attention of this Forum the express clause in the said membership agreement. It is therefore submitted that complainant has no right to ask for the refund of the membership fee. The said membership agreement was duly signed by the complainant, after going through the terms and conditions of the same. Thus, the entire complaint is nothing but a pressure tactics adopted by the complainant to exert pressure on the opposite parties and an escape route to wriggle out of his contractual obligation, thus the present complaint suffers from malice and has been filed against the opposite parties with malafide intention and is liable to be dismissed. They denied other material averments of the complainants.

4. In support of his complaint, learned counsel for complainant has tendered into evidence affidavits Ex.CA and Ex.CB alongwith copies of documents Ex.C1 to Ex.C9 and closed evidence.

5. On the other hand, learned counsel for opposite parties has tendered affidavit Ex.OPA alongwith copies of documents Ex.OP1 to Ex.OP3 and closed evidence.

6. We have carefully gone through the record and also heard the learned counsels for both the parties and further gone through the written arguments submitted on behalf of opposite parties.

7. Counsel for the complainants contended that opposite parties booked a tour of the complainants for Manali but when they reached at Manali on 27.5.2013 during night time, they were surprised that there was no hotel in the name of Country Vacations (A Division of Country Club (India) Ltd) and further there was no booking for them in any other hotel at Manali. He further contended that complainants tried to contact the opposite parties or their employee Ms.Srilata but they did not attend the call of the complainant. He further contended that on the next morning when they contacted to Ms.Srilata about the booking of the complainant, she told them that she had booked hotel for them at Hyderabad. He further contended that the complainants have never booked any vacations at Hyderabad and due to non booking of hotel at Manali, they had suffered lot of harassment and could not find satisfactory accommodation at Manali due to peak season. He further contended that complainants requested to opposite parties to cancel the membership and to refund the amount but they have refused to do so. On the other hand according to opposite parties the complainants had booked holidays online and may be by mistake or genuinely clicked the destination at Hyderabad on 16.5.2013 mentioning resort name as "Amrutha Castle", check in date as 27.5.2013, check out date as 29.5.2013. Further according to the opposite parties complainants have not produced any confirmation letter/email or any other documentary evidence regarding availing vacations at Manali. Further according to opposite parties, the complainants booked the destination at Hyderabad but they did not avail vacations at Hyderabad and in case they had booked the tour for Manali. The complainants must have received holidays confirmation letter/email for Manali but no such confirmation letter/email has been produced by them. He further contended that as per terms and conditions of the membership agreement, the membership fee is non refundable. We have carefully considered the contentions advanced by both the parties. Ex.C1 is membership agreement produced by the complainants themselves. In clause 3 under the heading of membership benefits procedure for booking holiday is mentioned. It lays down as under:-

"Holiday booking is to be done online. (Visit www.countryclubindia.com click on Member login and select your location from the drop down menu. Login with the user name and password, which will be sent alongwith the welcome letter and the procedure for booking online, to book your holidays)".

8. The complainants have not produced any documentary evidence to show that the opposite parties booked the vacations or holidays for Manali. According to the opposite parties, the complainants have booked holidays for Hyderabad. In support of its version, they have produced copy of online portal Ex.OP2 wherein check in date as 27.5.2013, check out date is 29.5.2013 and resort name as "Amrutha Castle" is mentioned. It is also in the affidavit Ex.OPA of Bharat Reddy, Legal Officer that online booking was done on 16.5.2013 mentioning resort name as "Amrutha Castle", check in date as 27.5.2013, check out date as 29.5.2013. On the other hand, there is no documentary evidence on record from the side of the complainants regarding booking of their holidays for Manali. They have not produced any email or copy of SMS or any other documentary evidence in this regard. Their version is oral one. It is quite possible that they might have clicked wrong destination by mistake. The complainants have not led any reliable evidence to prove that they booked vacations for Manali and not for Hyderabad. As per terms and conditions of the membership agreement, the complainants were liable to pay maintenance charges and membership fee is non refundable. The parties are bound by the terms and conditions of the agreement.

9. In view of above discussion, we hold that there is no merit in the present complaint and same is hereby dismissed with no order as to cost. Copies of the order be sent to the parties free of costs under rules. File be consigned to the record room.

Dated Parminder Sharma Jyotsna Thatai Jaspal Singh Bhatia

31.03.2015 Member Member President