FINAL ORDER/JUDGMENT
SMT. SUKLA SENGUPTA, PRESIDENT
The complainants have filed this case U/S 12 of the C.P. Act 1986 submitting interalia that they had purchased a Club Membership of ‘Country Vacations, a division of “Country Club Hospitality and Holidays Limited” having its registered office at Amrutha Castle, 5-9-2016, Saifabad, Secretariat, Hyderabad-500063, CIN No. L70102AP199PLC012714, to avail hotel booking facilities in different places including fitness centers, access to entertainment, events and amusement facilities as offered by the OPs had entered into an agreement of Country Vacations Holidays Club Membership Purchase Agreement on 10.02.2017 and has become a member of THUMBS UP GOLD (Club +10 years 6N 7D Blue U12) and become entitled to membership in the Country Club, vide Membership No. CVKKITCLUB10LBU355.
It is further stated by the complainant that in pursuant to that the complainant has paid a sum of Rs.1,50,000/- to the OPs as membership fee at the time of enrolment. OPs have issued receipt of such payment and confirmed that the complainants has become a part of the family with existing THUMBS UP GOLD (Club +10 years 6N 7D Blue U12) membership and also confirmed that the complainants are entitled to membership into country club and their membership No. CVKKITCLUB10LBU355 by letter dated 20.02.2017 which has been submitted in this case as annexure ‘A’.
It is further stated that the complainants have taken the membership of the OP Co and requested them severally even by e-mail also to provide services as offered at the time of taking membership. But all the time the OPs have refused the complainants to provide any such services with some unacceptable conditions as a result the complainants could not be able to enjoy any of the services as per terms and condition from the OPs.
It is further alleged that the OPs collected a sum of Rs.15,000/- more from the complainants on 13.12.2017 on the ground of AMC and promised to provide 2 Night 3 Days complementary holidays and food voucher of Rs.2,000/-, but till date the complainants did not receive anything from the OPs.
It is further alleged by the complainants that on several occasions the complainants planned to travel with family members with OPs provide accommodation but the OP member always refused to provide the same on some baseless reasons. The concerned mail correspondences have been enclosed in this case by the complainant as annexure ‘B’.
Thereafter, having no other alternative the complainants sent a legal notice dated 15.06.2018 through their conducting advocate demanding the refund of the entire amount paid by them i.e. Rs.1,65,000/- within seven days from the date of receipt of notice. But in spite of receipt of such notice on 18.06.2018, the OPs did not pay any heed to the demand notice (Legal Notice) of the complainants and they did not bother to respond the same
It is the say of the complainants that being a bonafide consumer of the OP member they have harassed by the OP members and suffered from mental pain and agony, financial loss for which they are entitled to get compensation as per Consumer Protection Act, 1986.
It is alleged by the complainants that the misconduct of the OP members should be considered as deficiency of service and unfair trade practice.
Hence, the instant petition of complaint is filed by the complainant with the prayer to give direction upon the OPs to refund a sum of Rs.1,65,000/- to the complainant and also to pay a sum of Rs.50,000/- as compensation for mental harassment and deficiency in service along with litigation cost of Rs.10,000/-.
The OP M/S Country Vacation & Ors have contested the petition of complaint by filing a written statement denying all the material allegation leveled against it. It is the case of the OP members that the OP being a leading hospitality company has offered state-of-the-art clubbing facilities company innovative family holiday packages and star studded entertainment events. It is alleged that the present complainants made misconceive allegations against the OP members regarding reservation of his vacation that he intended to make, however, never followed the correct method and consequently, never actually made the reservations. It is the further allegation of the OPs that it was complainant’s own lapses in following the correct procedure for book his reservation have been fastened on the OP.
It is stated by the OP that by skipping the fair, easy and transparent procedure, the complainant sent reservation requests through email addresses which were in no way concerned with the said task however still the officials of the company assisted the complainants in the best of their abilities. It is also denied by the OP member that there was no deficiency in service upon its part rather the complainant himself has defaulted and acted on contravention on agreement / valid contract between the parties and it was he who himself did not finalize his holiday with the OP member’s post he was informed that as per the membership eligibility he shall be given one room that needs to pay for the second room post so that the reservation can be confirmed to him.
It is admitted by the OP members that the complainant visited the OP on his own accord and had enquired about different products and services available and the terms and conditions attached to. All benefits were explained to the complaint who purchased the membership only after thoroughly satisfied himself about the terms and conditions regarding the product. On his queries, the complainant was explained in detail about the product and services. The brochure also handed over to him and was taken through the services so that the complainant could be able to satisfy himself before buying a product/membership.
It is stated by the OP that the allegation of allurement inducement are all baseless and the complainant intentionally stated this cock and bull story only to prejudice the interest of the OP because being an educated person the complainant had signed the binded agreement with the OP after careful perusal and understanding the contents of the same.
It is further stated by the OP members that after getting through information the complainant voluntarily entered into an agreement with the OP and paid the non refundable membership fee for purchasing a blue membership worth Rs.1,50,000/- and allotted a Membership No. CVKKITCLUB10LBU355 and it was made clear to the complainant that the membership fee he paid was non refundable under any circumstances.
It is also admitted fact that buying a membership in 6N 7D in Blue session for 10 years and also the clubbing benefits of the company as per the terms and conditions listed in the agreement. As per company policy the complainant was duly sent his membership card as well the copy of the agreement which was received by his spouse.
It is further stated by the OP that as per Clause 16 (a) of the agreement the complainant holidays would be booked by the complainant online web portal by logging into to his A/c provided to him.
As per 16 (b) of the agreement alternatively the complainant booked his holidays on the mobile application as also provide to him. In spite of knowing fully about the aforesaid facts the complainant approached the AMC Department Team of the OP to book his holidays intentionally knowing that the AMC Team are not authorized to book his vacation still the officials of the OP company assisted the complainant in their best possible manner both on email and phone and kept communicating the status of the holiday request he has made for reservation for 6 adults and for 2 rooms and the company informed him over telephone and email that it shall provide the holidays where one room as per membership eligibility and the second room on paid basis, thereafter the complainant did not finalize his travel plan and stopped communication with the OP for the reasons best known to him.
It is further stated by the OP that the OP Company could not be able to finalize the holiday vacation as the complainant did not finalize his travel plan and paid the amount duly required in this to confirm the booking. So, there is no deficiency of service or unfair trade practice on the part of the OP as per CP Act, 1986.
It is alleged by the OP that the complaint case is not maintainable in its present form and in the eye of law. Moreover, he has no cause of action to file the same so the complainant is not entitled to get the relief as prayed for.
In view of the above stated pleadings it has to be considered by this Commission
- Whether the case is maintainable in its present form and in law?
- Is the complainant is a consumer?
- Whether there is any deficiency of service on the part of the OP members?
- Is the complaint entitled to get reliefs as prayed for?
- To what other relief or reliefs is the complainant to get?
Decision with reasons
All the points are taken up together for convenience of discussion and to avoid unnecessary repetition.
On a close scrutiny of the materials and evidence of the record it appears that this Commission/Forum has pecuniary as well as territorial jurisdiction to try this case. It is also found that the case has been filed by the complainant within the period of limitation and there is / was cause of action to file this case.
Hence the case is maintainable in its present form and law.
Admittedly the complainant had purchased a Club Membership of “Country Vacations” a division of “Country Club Hospitality and Holidays Limited”, having its registered office at Amrutha Castle, 5-9-2016, Saifabad, Secretariat, Hyderabad-500063, CIN No. L70102AP199PLC012714, to avail hotel booking facilities CCHHL to avail properties including their club membership, fitness centers access to entertainment, events and amusement facilities. Accordingly, the parties to this case had entered into one ‘Club Membership Sale Agreement’ dated 10.02.2017 and another ‘Vacations Agreement’ dated 10.02.2017 with said Country Vacations and the complainant has become the members under the THUMBS UP GOLD (Club +10 years 6N 7D Blue U12) and become entitled to membership in the country club, vide Membership No. CVKKITCLUB10LBU355. The said club Membership Sale Agreement and Vacation Agreement dated 10.02.217 have been brought into evidence as annexed and marked as Exbt. No. 1 and 2 respectively.
In view of the discussions made above, it is held by the Commission on taking club membership from country vacation i.e. OP members on payment of Rs.1,50,000/- the complainant became the consumer under the OP Members and the OP members are the service provider.
From the evidence on record and also from the BNA as filed by the parties it is crystal clear that the complainant being a member of THUMBS UP GOLD (Club +10 years 6N 7D Blue U12) in the Country Club holding of Membership No. CVKKITCLUB10LBU355 requested the OPs severally to provide the services as offered at the time of taking membership but all the time the OP members refused to provide such service by taking several plea that the complainant can book the holiday vacations trip online or by email, as a result, the complainant even after paying a large amount of money i.e. Rs.1,50,000/- initially and Rs.15,000/- more subsequently (Annexure ‘E’) did not get this service as per the promise of the OP members to provide 2 Night 3 days complementary holidays and food voucher facilities in addition to the main facilities.
The Commission is in view that the OP members i.e. Country Vacation and its officials i.e. OP No.1, 2 and 3 cannot avoid their responsibilities to provide services to the members like the complainant even on receipt of a huge amount of money i.e. Rs.1,65,000/- in two occasions and the conduct of the OP members shown that the OP members are / were trying to evade from their duties and responsibilities to their members like the complainant by taking several pleas which cannot be indulged by any Court of Law. It is the duty of the OP members to give hospitality to their members like the complainant because they are (Country Vacation & Ors) running their business only for that purpose and attracted the people to get club membership of country vacation, a division of ‘Country Club Hospitably Holidays Limited’ on payment of huge amount by their members. But from the evidence on record as adduced by the complainant and the OP it appears that the complainant being a member of OP has been deprived from getting the services from the OP-1 and its officials even after payment of Rs.1,65,000/- in total. The OP though admitted the fact that they received a sum of Rs.1,65,000/- in two occasion from the complainant but they could not be able to get any service to the complainant and taking baseless plea that the complainant did not get the service of holiday vacation as proposed by him for 2 Night 3 days holidays and complementary food voucher in addition to the main facilities on his (complainant) own fault which is a baseless allegation. This Commission is of view that the conduct of the OP and its officials i.e. OP-2 and 3 shown that they used to deprive their member by taking a false plea intentionally and misappropriate the money of Rs.1,65,000/- as paid by the complainant to them for getting membership of the OP country vacation (a division of ‘Country Club Hospitably Holidays Limited’). Such conduct of the OP members should not be indulged by any means and it is clearly deficiency of service on the part of the OPs and also considered as unfair trade practice for which the OP member should be liable to compensate their deficiency to the complainant.
Hence, in view of the discussions made above it is revealed that there is / was deficiency of service of the part of the OP members and the complainant could be able to prove his case. Thus, he is entitled to get the relief as prayed for.
All the points are thus are decided in favour of the complainant.
The case is properly stamped.
In sum the case succeeds.
Hence,
ORDERED
that the case be and the same is allowed on contest against the OPs.
The complainant do get the decree as prayed for.
The OP members are directed to refund a sum of Rs.1,65,000/- (Rupees One lakh Sixty Five thousand) only jointly or severally to the complainant along with interest @ 9% p.a. on the amount mentioned above from the date of filing of this case till realization of the amount.
The OP members are also directed to pay compensation of Rs.50,000/- (Rupees Fifty thousand) only jointly or severally to the complainant for mental harassment and deficiency of service along with litigation cost of Rs.10,000/- (Rupees Ten thousand) only.
The OP members are directed to comply the directions of this Commission within 45 days from the date of this order i/d the complainant will get further interest @ 6% p.a. on the entire amount from the date of default till realization.
Let a copy of this order be handed over to the parties free of cost.
