Chandigarh

DF-II

CC/389/2017

Dr Sarita Saini - Complainant(s)

Versus

Line Manager, Country Vacations - Opp.Party(s)

In Person

06 Oct 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	389 of 2017
Date  of  Institution	:	01.05.2017
Date   of   Decision	:	06.10.2017

 

 

 

 

Dr.(Mrs.) Sarita Saini, H.No.617, Sunny Enclave, Sector 125, GAMDA Mohali, Kharar, Distt. Mohali 140301      

             …..Complainant

Versus

1]  Line Manager, Country Vacations, A Division of Country Club (India) Ltd., SCO No.44-45, Second Floor, Madhya Marg, Sector 9-D, Chandigarh 160009

2]  Chairman and Managing Director, Country Club India Limited, Amrutha Castle, 5-9-16, Saifabad, Opposite Secretariat, Hyderabad 500063

                          ….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

                                MRS.PRITI MALHOTRA        MEMBER

                                SH.RAVINDER SINGH         MEMBER 

 

 

Argued by: Complainant in person.

 None for OPs.

 

 

PER RAVINDER SINGH, MEMBER

 

 

          The facts in issue are that the complainant become Billionaire Premium Member of Country Club Vacations for next 11 year by paying Rs.1.00 lakh and the OPs have promised to give services of stay for a period of 6 nights and 7 days per year at Country Club Properties apart from other facilities. It is averred that the complainant has also signed an agreement dated 17.12.2013 with the Opposite Parties (Ann.C-2).  It is averred that till 27.4.2016, the Opposite Parties have not provided any services to the complainant after receiving such a huge amount from him and they never provided any of their hotel reservation, neither in India nor at any foreign destinations or any event or concert pass till 27.4.2016. It is also averred that in Jan., 2014 the complainant request to OPs to do reservation for Country Club Resort at Bangkok, Thailand, which was denied due to non-availability of accommodation and then complainant asked for reservation at Country Club Hotel at Dubai, UAE, which too was denied by the OPs due to non-availability of accommodation.  It is further averred that the complainant again requested for reservation at country club property at Mumbai in March, 2014, but the same was denied by the OPs stating that they did not have any property at Mumbai. The complainant then requested for reservation at Bangalore and Kovalum, Kerala in May, 2014 and Opposite Party again refused the reservation at Bangalore.  It is submitted that similar requests was also made by the complainant in the year 2015 and that too was denied by the OPs on one account or other.

 

         It is stated that the OPs agreed to provide accommodation at Country Club Resort, Kovalum, Kerala from 28.4.2016 to 4.5.2016 at an additional charges of Rs.7800/-, which complainant paid.  It is also stated that on reaching there, the complainant did not find the property as promised and it was 2 start property against promised 4 star property; the room was not AC, beds mattress were broken and had bed bug; the room toilets were unhygienic and the food quality at resort was bad and unhygienic.  It is further stated that the complainant had to pay extra Rs.700/- per day for another room.  It is submitted that after much suffering, the complainant, being not interested at all in the scheme i.e. holiday accommodation of OPs,  requested the Opposite Parties to refund his membership amount of Rs.1.00 lakh with interest, but no refund has been made by the OPs.  Hence, alleging the above acts of the OPs as gross deficiency in service and unfair trade practice, this complaint has been filed.

 

2]       The OPs No.1 & 2 have filed joint reply and while admitted the factual matrix of the case, stated that the complainant after being fully satisfied, entered into an agreement tiled as “Purchase Agreement for Club and Vacation Membership”, dated 17.12.2013 vide which she opted for Blue Season – Billionaire Premium Vacation Membership as well as Club Membership (Ann.R-2).  It is stated that the amount of Rs.1.00 lakh paid by the complainant towards Membership Fee is non-refundable. It is stated that no promise was made to the complainant but only the contents of the agreement were read over to the complainant.  It is wrong and denied that the complainant ever requested for reservation for Bangkok, Thailand or at Country Club Hotel at Dubai, UAE, as alleged.  It is stated that no proof is attached to show that the complainant tried to book online and could not book the accommodation. It is submitted that the complainant booked the vacations online for Kerala for the period 28.4.2016 to 4.5.016 and also paid extra charges of Rs.7800/- which were on account of utility charges, which clearly shows that the complainant was satisfied with the services of the OPs.  It is also submitted that the said reservation was issued to the complainant as a goodwill gesture even though she has not paid her Annual Maintenance Charges amounting to Rs.27,178/- due till date.  Pleading no deficiency in service and denying rest of the allegations, the OPs NO.1 to 3 have prayed for dismissal of the complaint.

 

3]       The complainant has also filed rejoinder reiterating the contentions as raised in the complaint.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the complainant in person and have carefully examined the facts and pleadings along with entire evidence on record.

 

6]       The Opposite Parties in their written statement (Para No.3) have admitted that as per Clause No.3 of the Agreement dated 17.12.2013 signed by the complainant and OPs, the complainant was entitled for additional vacation for Bangkok within one year of membership.  It is an admitted fact that the OPs have not provided any holiday accommodation to the complainant in Bangkok within one year from the date of execution of the agreement dated 17.12.2013.  The OPs have also not provided any accommodation to the complainant at Dubai in lieu of Bangkok.  The complainant has merely availed the accommodation at CCIL Resort at Kovalam, Kerala for the period from 28.4.2016 to 2.5.2016 but that was on her making payment of Rs.7800/-, which is an admitted fact by the OPs in their written statement in Para No.14.

 

7]       The complainant has made the payment of Rs.1.00 lakh for membership but could not get any Country Club Vacation Services from the OPs. The Opposite Parties have failed to justify any reason as to why they could not provide any service of Hotel Accommodation etc. to the complainant for her proposed visit to Bangkok or in lieu of that, even in Dubai. The OPs themselves have not complied with the terms & conditions as laid down in their agreement in failing to provide accommodation in their Resorts to the complainant, as per his need.  More so, the terms & conditions relied upon by the OPs are vague, confiscatory in nature.  The agreement dated 17.12.2013 is meaningless and not fair and has been prepared just to exploit innocent public by offering fanciful dreams and as such vitiated by law. The contentions raised by the OPs controverting the claim of the complainant are untenable, misconceived and without any merits. 

 

8]       Keeping into consideration, the above facts & circumstances of the case, the OPs are found to be deficient in their services and as such, the complaint is allowed with directions to the OPs to refund Rs.1.00 lakh, with interest @12% p.a. from the date of agreement dated 17.12.2013 till realization along with litigation cost of Rs.5000/- to the complainant, within a period of 45 days from the date of receipt of certified copy of this order.

 

         In case the OPs failed to comply with the order within the stipulated period, then they shall also be liable to pay cost of Rs.50,000/- in addition to the above relief.

 

         Certified copy of this order be communicated to the parties, free of charge. After compliance, file be consigned to record room.

Announced

6^th October, 2017                                                          

                                                                                                Sd/-

                                                                   (RAJAN DEWAN)

PRESIDENT

 

 

Sd/-

 (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER