Delhi

East Delhi

CC/731/2014

MR. ZAFAR - Complainant(s)

Versus

COUNTRY VACATIONS - Opp.Party(s)

13 Nov 2019

ORDER

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM (EAST)

GOVT. OF NCT OF DELHI

CONVENIENT SHOPPING CENTRE, FIRST FLOOR,

SAINI ENCLAVE, DELHI – 110 092

C.C. NO. 731/14

 

Ranjan Chawla,

S/O B-14 Second Floor,

R/O East Krishna Nagar

Delhi- 110051

•  

Vs

1. Voltas Ltd.

•  

A-43, Mohan Cooperative Industrial Estate,

Mathura Road,

New Delhi- 110044

 

2. Coollite Refrigeration

12.36, Geeta Colony,

Delhi- 110031

                                                                             ….Opponents

 

Date of Institution: 26.10.2018

Judgment Reserved for: 07.11.2019

Judgment Passed on: 14.11.2019

CORUM:

Sh. SUKHDEV SINGH                  (PRESIDENT)

Dr. P.N. TIWARI                           (MEMBER

Ms. HARPREET KAUR CHARYA (MEMBER)

 

ORDER BY: HARPREET KAUR CHARYA (MEMBER)

 

JUDGEMENT

The present complaint has been filed by Shri Ranjan Chawla, the complainant, against the Voltas Ltd. (OP-1), the manufacturer and Coollite Refrigeration, (OP-2), the service centre.

Facts necessary for the disposal of present complaint are that the complainant was approached by OP, where he was represented that OP was a renowned group in rendering services related to fractional ownership. Being convinced the complainant purchased membership of the club on 01.05.2011 vide membership no. FMCV/86/119 by paying Rs. 1,30,000/-. It has been stated that as per the written representation the complainant was entitled to avail 6N/ 7Days vacation for lifetime and T-1 accommodation for           4 adults and 2 kids, with best of services. After a long delay the complainant received a Silver member card though he had paid for Platinum membership, even the annual maintenance charges were Rs. 6,000/- instead of              Rs. 4,000/- as proposed and agreed by complainant at the time of contract. The same was brought to the notice of OP, where he was asked to wait as the card was to be issued from Head Quarter of OP.

Further, in the month of February, 2012, OP issued temporary hand written card for the parents of the complainant but no explanation with respect to issuance of platinum card was given. The complainant was informed that he was not eligible for the Platinum membership.

Despite several communications and personal visits the grievance of the complainant remained unaddressed due to which he was unable to avail the holiday facility. The complainant had further stated that he was ill-treated and humiliated by OP and non issuance of proper card despite several reminders amounted to deficiency in services.

The complainant has prayed for directions to OP to refund                 Rs. 1,30,000/- with interest @ 18% per annum, compensation on account of  mental harassment and humiliation of Rs. 2,50,000/- and Rs. 33,000/- towards litigation charges.

The complainant has annexed the receipt dated 05.05.2011, 03.05.2011 and 01.05.2011, brochure of OP, letter issued by OP with members login details, certificate of fractional ownership, with his complaint.

Notice of the present complaint was served upon OP, thereafter written statement was filed on their behalf. They have submitted that the name of the OP had been officially changed from “M/s Country Club India Ltd.”  to “M/s Country Club Hospitality and Holidays Limited” w.e.f. 27.11.2014 and were engaged in providing state-of-the-art clubbing facilities, innovative family holidays packages and star studded entertainment events.   They have taken several pleas in their defence such as the complainant had purchased the membership after going through the terms and conditions; the membership fees was non-refundable; the complainant was entitle to avail services such as club facility with 6N and 7 Days vacation every year for 30 years in Blue season. The complaint was barred by limitation; the Forum did not have territorial jurisdiction to adjudicate the present complaint as the registered office of OP was in Hyderabad. The membership amount deposited by complainant was non-refundable, therefore, no deficiency could be alleged against the OP.

It was admitted that the complainant had paid Rs. 1,30,000/- for membership no. FMCV/86/119, which made complainant the eligible of club facilities for 6N/ 7D vacation for 30 years in blue season. It was submitted that there was no bifurcation as to Silver of Platinum membership card. Annual maintenance fees of Rs 6,000/- was charged from all the members. They have also submitted that it was not the case of the complainant that he has been denied a holiday as per his membership eligibility Rest of the contents of the complaint have been denied with the prayer for dismissal of the complaint with exemplary costs.

Evidence by way of affidavit was filed by both the parties. Complainant has got himself examined and deposed on oath the contents of his complaint. He has relied upon the copy of receipts issued by OP and has got them exhibited as Ex.CW1/A. He has reiterated that as per representation he were entitled to T1 accommodation for 4 adults and 2 kids, copy of acknowledgment by OP is Ex.CW1/B. Copy of communications on several occasions with the executives of OP are Ex.CW1/C.

OP have got examined Mr. Bharat Reddy, Legal Officer on their behalf. He has also repeated the contents of the Written Statement on oath.

We have heard the arguments on behalf of Ld. Counsel for the Complainant and Ld. Counsel for OP. Perusal of the record reveals that the dispute is with respect to the category of membership the complainant had paid for, Silver or Platinum.

The counsel for complainant has argued that he was entitled to Platinum membership for which he had paid Rs. 1,30,000/- and has relied upon the “COUNTRY VACATIONS INTERNATION HOLIDAY CLUB MEMBERSHIP PURCHASE AGREEMENT”, which is a contract dated 01.05.2011, if we read Clause 1 (a) which is being reproduced here under:

1. To provide Fractional Ownership as detailed below:

• ……..
• ……..
• ……..

Out of the two products available;

1. Silver 250 sft with annual maintenance charges of INR 3,000/- per annum. One bed ideal for couple and two children.
2. Platinum 500 sft with annual maintenance charges of INR 4,000/- per annum ideal for four adults,

the SECOND PARTY has chosen Fractional Ownership of Fractional Platinum with 500 area (in SFT) for a total sale consideration of INR 1,50,000/-  towards “FRACTIONAL OWNERSHIP SCHEME” (payable to first party CVIL).

Thus, it is clear that the facilities which the complainant was entitled to avail were different from those under the Silver Fractional Ownership

Therefore, in the facts and circumstances of the present complaint we direct OP-1 and OP-2 to refund Rs. 28,290/- i.e the cost of the Air Conditioner. The complainant is further entitled to compensation of                       Rs. 7,500/- on account of mental agony and harassment, inclusive of litigation expenses.

The order be complied within 30 days from the date of receipt of the order, else the amount awarded of Rs. 35,790/- shall carry interest @9% per annum from the date of order till realization.

Copy of this order be sent to both the parties as per law.

 

 

(HARPREET KAUR CHARYA)                                   (SUKHDEV SINGH)

                MEMBER                                                       PRESIDENT