Chandigarh

DF-II

CC/735/2018

Neeraj Jatwani - Complainant(s)

Versus

Mahindra Holidays & Resorts (I) Ltd - Opp.Party(s)

Karan S. Gill Adv. & Navan Bir Gill Adv.

08 Mar 2021

ORDER

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

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Consumer Complaint  No	:	735 of 2018
Date  of  Institution	:	21.12.2018
Date   of   Decision	:	08.03.2021

 

 

 

 

Neeraj Jatwani son of Mr.Dalip Chand Jatwani, resident of Sanjeevani Ashiana, Narot Colony, Pathankot 

Alternative Address: SCO No.66-67, Level-II, Sector 8-C, Madhya Marg, Chandigarh (UT).

             …..Complainant

Versus

1]  Mahindra Holidays & Resorts (I) Ltd., Elante Office Suites, Plot No.178-178/A, Unit No.504, Block – A, 5^th Floor, Industrial Area, Phase-I, Chandigarh (UT).

2]  Mahindra Holidays & Resorts (I) Ltd., TDI Centre, Ist Floor, Unit No.34-35, Plot No.7, Commercial Complex, Jasola, New Delhi 110025

3]  Mahindra Holidays & Resorts (I) Ltd., Mahindra Towers, IInd Floor, 17/18, Patullos road, Chennai 600002.

    ….. Opposite Parties 

 

BEFORE:  SH.RAJAN DEWAN             PRESIDENT

         SH.B.M.SHARMA                     MEMBER 

                   SMT.PRITI MALHOTRA             MEMBER

                                                               

 

 

Argued by :-  Ms.Nidhi, Adv.Proxy for Sh.Karan S. Gill, Adv. for              complainant.

                   None for OPs

 

 

PER B.M.SHARMA, MEMBER

 

         Briefly stated, the complainant availed Membership of OP Company against Agreement entered into between the parties on 24.10.1998 (Ann.C-1). It is stated that as per terms & conditions of the said Agreement dated 24.10.1998, the complainant was to pay Annual Maintenance Charges (AMC) as fixed by OPs from time to time and in the case of the complainant, the same was fixed at Rs.950/- per annum at the time of Agreement. It is submitted that the OPs had raised an Invoice dated 1.4.2017 (Ann.C-2) which reflected the Annual Maintenance Charges (AMC) to be Rs.7355/- per annum instead of Rs.950/- per annum as fixed at the time of said contract.  It is stated that nowhere in the agreement/contract it was authorized to OPs to change or revise the AMC every year.  It is also stated that the OPs have violated the contract entered into between the parties and the same has been done with dishonest intention by the OPs.  The complainant also sent a legal notice dated 29.5.2017 to the OPs (Ann.C-3 & C-4) followed by another legal notice dated 12.3.2018  (Ann.C-5), but to no avail. Hence, this complaint has been filed. 

         The OPs have filed joint reply and while admitting the factual matrix of the case about complainant’s having their membership as well as signing of agreement to that effect, stated that the complainant had paid down payment amount of Rs.7100/- against the total membership cost of Rs.71000/- and promised to pay the balance membership cost by way of 36 equal monthly installments (EMIs) of Rs.2414/- each.  It is stated that Clause 5.2 of Membership Rules clearly stipulates that the Member is liable to pay Annual Maintenance Charges (AMC) on yearly basis as may be fixed from time to time even if the Member does not enjoy his/her Holiday during a particular year.  It is denied that the Annual Maintenance Charges (AMC) are payable by the Member as per rate so fixed at the time of taking the membership.  It is pleaded that the term “from time to time” clearly goes on to show that the Company is entitled to fix the AMC rates from time to time and it cannot be treated as fixed at a particular time.  It is also pleaded that the complainant has defaulted in payment of Annual Maintenance Charges (AMC) for the preceding years as well and a sum of Rs.54431/- was due & outstanding payable by the complainant for the period till 31.3.2017 and the AMC charges of Rs.7355/- including GST etc. was payable by the complainant to OP company for the year 2017-18 as per the rates fixed for the purpose.  Accordingly, the invoice for Rs.62,889.40 was issued to the complainant with request to pay for the same so as to enjoy uninterrupted services under his Club Mahindra Holiday Membership. It is also stated that the complainant has wrongly interpreted the said clause about Annual Maintenance Charges (AMC). Denying all other allegations and pleading no deficiency in service, the OPs have prayed for dismissal of the complaint. 

 

3]       Parties led evidence in support of their contention.

 

4]       We have heard the ld.Counsel for the complainant and have gone through entire documents on record.

 

5]       After going through the record and pleadings, we are of the opinion that the complainant has not been able to establish his case of any deficiency in service on the part of OPs. 

         The Annual Maintenance Charges (AMC) has already been agreed upon between the complainant and Opposite Parties. The gradual increase of Annual Maintenance Charges (AMC) done by OPs from time to time annually is obvious and it cannot be held to be unjustified.  Therefore, the increase of Annual Maintenance Charges (AMC) and such demand raised by OPs is right as per agreement.

 

5]       Taking into consideration the facts & circumstances of the case as well as discussion made in preceding paragraphs, we are of the opinion that no case of deficiency in service is made out against the OPs. Therefore, the present complaint is dismissed being without merit.  No order as to costs.

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

Announced                                                             

8^th March, 2021                                                         sd/-

                                      (RAJAN DEWAN)

PRESIDENT

 

Sd/-

(PRITI MALHOTRA)

MEMBER

 

 

Sd/-

 (B.M.SHARMA)

MEMBER