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

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Col.Provir Singh (Retd.), H.No.13 G A.W.H.O. Colony, Sector 44-A, Chandigarh.

        ---Complainant

                                V E R S U S

1.     Manager Country Club 7-1-9/3 Pagadi Nilayam Opp.Begumpet, Hyderabad.

2.     Manager Central Park-17 Hotel, Sector 17, Chandigarh.

3.     Mr.Santosh Rajak Local Appointee Country Club Charmswood Village Surajkund Road, Faridabad.

                                ---Opposite Parties

CORAM:   SH.P.D.GOEL,                                        PRESIDENT SH.RAJINDER SINGH GILL,                        MEMBER DR.(MRS) MADANJIT KAUR SAHOTA           MEMBER

Argued by: Complainant in person.

                   OPs exparte.

PER P.D.GOEL, PRESIDENT

­1.                Briefly stated the facts of the case are that on 11.3.2011, the complainant received an SMS from the OPs for invitation to attend a presentation regarding holiday packages at Central Park-17 Hotel, Sector 17, Chandigarh. When the, presentation was over, a notarized agreement No.000019 dated 11.3.2011 was signed between the parties. As per the agreement, the complainant was entitled for holiday package once a year for a period of 5 years from 2011 to 2016 by paying an amount of Rs.35,000/- with an additional maintenance charges of Rs.5,000/- every year. As such, the complainant made the payment of Rs.35,000/- through his wife’s credit card. OPs informed the complainant that he will receive the permanent receipt and the membership card within 15 days but after the lapse of three months, he neither received the permanent receipt nor the membership card. The complainant sent number of e-mails to the Delhi office of the OPs but to no avail. The complainant received an e-mail dated 6.6.2011 from the company asking him to sign a fresh agreement because the earlier agreement signed by him was incorrect. On 2^nd June, the company representative forwarded a membership number, username and a password for online bookings, which later on turned out to be fictitious. This fact was brought to the notice of the company, who later apologized vide email dated 5.6.2011. The complainant sent an e-mail dated 7.6.2011 to the OPs with the request to withdraw his name from the membership and refund the entire amount with interest but the OPs have failed to do so. Hence, this complaint.

2.                OPs did not appear despite due service as such they were also proceeded against exparte vide order dated 17.11.2011.

3.                The complainant led evidence in support of his contentions.

4.                We have heard the complainant in person and have also perused the record.

5.                The averments made in the complaint, as reproduced above in para No.1 of the order, stands corroborated from the affidavit of the complainant, as well as the Annexures C-1 to C-3.  Annexure C-1 is the Purchase Agreement No.000019 dated 11.3.2011 for Club and Vacation Membership. From this document, it is proved that the complainant took a holiday package and signed agreement No.000019 and as per the agreement, he was entitled for holidays package once a year for a period of 5 years from 2011 to 2016 by paying in advance Rs.35,000/- with an additional maintenance charges of Rs.5,000/- every year.  Annexures C-2 is the copy of the authorization letter dated 11.3.2011, which proves that the complainant had made the payment of Rs.35,000/- through his wife’s credit card bearing No.4617862000850784 to the OPs. Annexure C-3 is the copy of e-mail dated 7.5.2011 sent by the complainant to the OP. Page No.15 to 21 are the copies of correspondence between the complainant and the OPs.

6.                Otherwise also, the allegations made in the complaint have gone un-rebutted and un-controverted as nobody appeared on behalf of the OPs to contest the case. , From the correspondence between the parties, it proves that there was fault on the part of OPs for not providing the permanent receipt for the payment and the membership card to the complainant. The complainant also sent an e-mail dated 7.6.2011 to the company requesting for withdraw his membership and return his amount with interest but OPs have failed to do so, which amounts to gross deficiency in service on the part of the OPs. 

7.                As a result of the above discussion, the complaint is allowed and the OPs are jointly and severally directed to refund the amount of Rs.35000/- to the complainant. OPs are also directed to pay Rs.10000/- to the complainant as compensation for mental agony and harassment besides Rs.2500/- as costs of litigation. 

8.                This order be complied with by OPs within one month from the date of receipt of its certified copy, failing which OPs shall be liable to pay total amount of Rs.45,000/- along with penal interest @ 12% p.a. from date of filing of the complaint i.e. 29.9.2011 till its realization besides Rs.2500/- as litigation costs.

9.             Certified copies of this order be sent to the parties free of charge. The file be consigned.