DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

Udyog Sadan, C-22 & 23, Qutub Institutional Area

(Behind Qutub Hotel), New Delhi-110016

Case No.71/2014

1.       Sh. Sunil Chand Mandla

2.       Smt. Meenu Mandla

Both R/o

H.No. L-5/5, DLF Phase-II,

Gurgaon-122002, Haryana.                                 ….Complainants

Versus

1.       Gold Crown Vacations (P) Ltd.

          having its office at:

          O-14, IInd Floor, Lajpat Nagar-II,

          New Delhi-110024

2.       Mountain Club Resorts India Pvt. Ld.

          Station Road, Ramnagar-244715

          Distt. Nainital, Uttrakhand, India

          Also at:

          715, 7^th Floor, Vishwadeep Tower,

          District Centre, Janakpuri,

          New Delhi-110058

3.       Resort Condominiums Internationals

          Registered office at:

          208, Brigade Gardens, 19 Church Street,

          Bangalore-560001. Karnataka

          Also at:

          Pine Valley, First Level

          Embassy Golflinks, Business Park

          Off Intermediate Ring Road,

          Bangalore-560071, Karnataka                           ….Opposite Parties

                                                     Date of Institution     :     20.02.2014     Date of Order     :     12.10.2018

Coram:

Sh. R.S. Bagri, President

Ms. Naina Bakshi, Member

Ms. Kiran Kaushal, Member

ORDER

Ms. Kiran Kaushal, Member

Brief facts as stated by the complainants are:

1. The Complainants Sh. Sunil Chand Mandla and Smt. Meenu Mandla purchased a Mountain Club-Timeshare (A Unit of Club Group of Hotels). It is stated that the representatives of OP No.2 & 3 lured the complainants to purchase the membership which shall enable the complainants to enjoy holidays across the world with their member resorts. In the first week of April, 2012 the representatives of the OPs visited the complainants and enticed them by showing various presentations, brochures and photographs of exotic location which would be available to the complainants for the purpose of national and international holidays. The complainants were also informed that the reservation would be made as per the complainant’s wishes and demands and that the complainants would be given priority for the purpose of reservation which otherwise also was easily available since the complainants would be members of the OPs.
   1. The complainants convinced by the representatives of the OPs and believing the above mentioned representation, purchased a membership whereupon the complainants were given Purchase Agreement on 29.04.12 containing the details of membership. The complainants paid a sum of Rs.50,000/- in cash on 29.04.12 and balance sum of Rs.1,60,000/- on 03.05.12.  The said Purchaser Agreement and cash receipt are annexed as Annexure C/14 to Annexure C/15 respectively. The complainants were further informed that the package entail 30 years (applicable for 15 alternate years).
   2. The Complainants averred that the welcome letter alongwith some documents were delivered by the representative of OPs personally. The representatives of OPs promised the complainants that all the membership documents alongwith the RCI (OP No.3) kit, user name and password required for booking would be sent within 30 days after the full payment.
   3. After purchasing the said membership the complainants desired to visit Philippines for holidaying with their family and showed their interest to avail the facilities of the purchased membership for international vacation trip. But the OPs did not book any trip for the complainants. The Complainants kept calling the representatives of the OPs but after sometime they stopped responding to the calls of the complainants.
   4. The complainants made calls and wrote various mails to the representatives of OPs who initially replied with the list of resorts but when the complainants showed interest in a specific resort the representative of OPs again stopped responding. It was after exchange of some mails that the complainants were shocked to know that the despite making full payment to the OP-1 & OP-2 the membership of RCI i.e. OP-3 was never activated by the OPs.
   5. On contacting OP-3 directly the complainants were told that the membership of RCI takes only 48 hours after request from the concerned membership provider and that OPs had never made any such request on behalf of the complainants.
   6. Despite trying their level best the complainants could not get redressal of their grievance, hence this complaint with direction to OPs jointly or severally to pay a sum of Rs.2,10,000/- the membership amount paid by complainants, to pay a sum of Rs.1,50,000/- by way of compensation for harassment, mental agony and monetary loss., to pay an interest @ 24% .a. on the above stated amount.
2. Notices were duly served upon the OPs but no one appeared on their behalf to contest the case of complainant hence OP- 1 & 2 were proceeded exparte vide order dated 30.04.12 and  OP No.3 was proceeded exparte vide order dated 31.07.15.
3. Complainants have filed exparte evidence by way of affidavits wherein they reiterate whatever is stated in the complaint. Written arguments are also filed by the complainants.
4. We have heard the oral arguments advanced on behalf of the complainants and have also gone through the records carefully.
5. Case of the parties has been considered in the light of evidence and documents placed on the record by the complainants. The Purchase Agreement of Mountain Club-Timeshare clearly shows that the complainants had made a payment of Rs.2,10,000/- in two installments vide receipts dated 29.04.12 & 03.05.12. After having made the full payment the complainants showed their interest in visiting Philippines and asked the OPs to book their holidays which was never booked. The complainants were aggrieved as they were promised to receive RCI kit along with Mountain Club membership agreement, username and password required for booking but despite full efforts of the complainants no such RCI kit was made available to them. Infact the complainants got to know later that the membership of RCI of the complainants was never activated by the OPs.  From the circumstances discussed above it is quite evident that the OP No.1 & 2 are deficient in service as they failed to provide any booking whether national or international as assured, after having taken full payment from the complainants.
6. Study of the Purchase Agreement of Mountain Club-Timeshare stipulates as under:

“The Purchase Agreement is made on the date specified by and between Mountain Club Resort India (P) Ltd. (The Company) and signed for and on behalf of the Company through its marketer M/s Gold Crown Vacation Pvt. Ltd. (Marketer). The payment towards mountain club timeshare is made in favour of “M/s Gold Crown Vacation (P). Ltd. against the money receipt issued by the authorized signatory of the marketer”.

7. OP No.3 in his reply to the notice by the complainants dated 14.10.13 has stated that the entire payment under the Timeshare purchase agreement was made only to OP No.2 i.e. Mountain Club Resort India Pvt. Ltd. OP No.3 further states that RCI (OP No.3) and the Developers are separate and distinct entities, and RCI has no joint venture, partnership, or agency relationship with them. There is nothing on record to indicate that the stand taken by OP-3 is incorrect. Moreover no amount has been received by OP-3. Therefore OP-2 on behalf of OP-1 and himself had made false promise to the complainants that they will be hosted in the resorts of OP-3. Hence, OP No.3 has been erroneously made a party in the said case.
8. The above mentioned conduct of OP No.1 & OP No.2 amounts to unfair trade practice and deficiency in service.
9. Therefore, we allow the complaint against OP No.1 and OP No.2. OP-1 & OP-2 are directed jointly and severally to refund Rs.2,10,000/- the membership amount paid by the complainants with interest @ 7% per annum from the date of receiving the said amount till realization, within two months from the date of receipt of copy of this order. Failing which OP No.1 & 2 jointly and severally will be liable to pay Rs.2,10,000/- with interest @ 10% per annum from the date of receiving the said amount till realization within two months from the date of receipt of copy of this order. Additionally OPs are directed to pay Rs.20,000/- towards compensation for harassment, mental agony, litigation expenses etc.

Let a copy of this order be sent to the parties as per regulation 21 of the Consumer Protection Regulations. Thereafter files be consigned to record room.

Announced on 12.10.18