Chandigarh

DF-I

CC/115/2018

Shrimati Rajesh Kumari Mehta - Complainant(s)

Versus

Messers. Country Club Hospitality and Holidays - Opp.Party(s)

Virender Sood

10 Jun 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I,

U.T. CHANDIGARH

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Consumer Complaint No.	:	CC/115/2018
Date of Institution	:	28/02/2018
Date of Decision	:	10/06/2019

 

[1]    Smt. Rajesh Kumari Mehta w/o Sh. Baldev Dutt Mehta, R/o H.No.1055, 2^nd Floor, Sector 40-B, Chandigarh (U.T) – 160036.

 

[2]    Sh. Baldev Dutt Mehta S/o Late Sh. Inder Singh Mehta, R/o H.No.1055, 2^nd Floor, Sector 40-B, Chandigarh (U.T) – 160036.

…..Complainants

 

V E R S U S

 

[1]    M/s Country Club Hospitality & Holidays, through its Chairman & Managing Director, Regd. Office: Amrutha Castle 5-9-16, Saifabad, Opposite Secretariat, Hyderabad-500063.

 

[2]    M/s Country Club India Limited, through its Branch Manager/ Authorized Officer, SCO No.44 & 45, 2^nd Floor (above Punjab National Bank), Sector 9-D, Chandigarh – 160009.

……Opposite Parties

 

QUORUM:	SH.RATTAN SINGH THAKUR	PRESIDENT
	DR.S.K.SARDANA	MEMBER

                                       

ARGUED BY	:	Sh.Satish Kumar Arora, Counsel for Complainants.
	:	Sh.Pradeep Sharma, Counsel for Opposite Parties.

 

PER DR.S.K. SARDANA, MEMBER

1.         In brief, lured by the false promises made by the representatives of the Opposite Parties, Complainants took Holiday/Vacation Package of 10 years, which included annual stay of upto 6 nights and 7 days at properties of Opposite Party No.1, in India, as well as outside India, whereafter an agreement dated 26.01.2017 was got executed for availing of the holiday/vacation facility. In all, the Complainants paid Rs.1,15,000/- to the Opposite Parties, receipt of which was also confirmed vide letter dated 14.04.2017 duly signed by the Authorized Officer of Opposite Party No.1. Subsequently, on discovering that the Opposite Parties were having no arrangement at foreign destinations, the Complainants visited the office of Opposite Party No.2, but was given quite evasive response. Feeling totally dissatisfied, the Complainants expressed their grievance through e-mail dated 25.05.2017 to Opposite Party No.1, but when there was no positive headway, they sought refund of the principal amount of Rs.1,15,000/-. Despite protracted correspondence with the Opposite Parties, when they dilly-dallied the refund, the Complainants got served a legal notice dated 22.12.2017 upon them, but the same failed to fructify. Hence the complainants have brought this consumer complaint.
2.         Notice of the complaint was sent to Opposite Parties seeking their version of the case.
3.         Opposite Parties No.1 & 2 contested the complaint and filed their written statement, inter alia, pleading that no alleged tall claims, promises and commitments were made but only the membership plans, their benefits, price and terms and conditions as mentioned in the agreement were read over and explained to the Complainants upon which they affixed their signatures with free consent without any protest. It has been urged that Complainants agreed for availing the holiday/vacation package of 10 years which included annual stay of upto 6 nights and 7 days within India as mentioned in Clause No.1 under the head ‘Vacation Benefits’ under the agreement. Since Complainants have opted for 10 years membership and not 30 years membership therefore, as per Clause No.5 under the heading ‘Vacation Benefits’ under the agreement in question, as a special offer for 10 years renewable vacations, Complaints were also eligible for additional vouchers towards accommodation for 6 nights and 7 days at answering Opposite Parties affiliated property in Bangkok which was valid for a period of one year from the date of agreement. Denying all other allegations and stating that there is no deficiency in service or unfair trade practice on their part, Opposite Parties have prayed for dismissal of the complaint.  
4.         The complainants have filed a rejoinder, wherein they have reiterated all the averments, contained in the complaint, and repudiated those, contained in the written version of Opposite Parties No.1 & 2.
5.         The parties led evidence in support of their contentions.
6.         We have gone through the entire record and have also heard the arguments addressed by the Ld. Counsel for the Parties.
7.         The complainants were captivated by fallacious exaggerated promises of Opposite Parties regarding providing world-class vacation facilities on gaining their Membership.  Accordingly, the complainants have paid a sum of Rs.1,15,000/- on 09.02.2017, but on going through the Agreement finding that the same contained clauses which were onerous in nature, the Complainants requested the Opposite Parties to alter the said clauses or to refund the principal amount, which they failed do.  To our mind, the Complainants deposited the amount to have fun and not the trauma as created by the Opposite Parties firstly, by executing an Agreement which is onerous in nature; secondly, by refusing refund to them and lastly, by dragging them into unpleasant, unwarranted and unnecessary litigation. The complainants have not availed nor been provided any facility by the Opposite Parties, as such, they have every right to get back their money, which they have paid for membership of OP Club.   The Opposite Parties cannot, by any of the provisions, forfeit the amount of the complainants and as such are liable to pay back the same i.e. Rs.1,15,000/-.  No prejudice shall be caused to the Opposite Parties in case the complainants withdraws their membership. 
8.         In the light of above discussion, this consumer complaint deserves to succeed. The same is accordingly partly allowed.  Opposite Party is directed as under :-

(i)     To refund the amount of Rs.1,15,000/- to the Complainants with interest @ 9% per annum from the date of deposit(s), till realization.

(ii)    To pay Rs.25,000/- as compensation to the complainants for the unfair trade practice and harassment caused to them.

(iii)   To also pay a sum of Rs.10,000/- to the complainants as litigation expenses. 

9.         This order shall be complied with by Opposite Parties within one month from the date of receipt of its certified copy, failing which, it shall be liable to pay interest @12% p.a. instead of 9% p.a. on the amount mentioned at Sr.No.(i) from the date of respective deposits till realization and also to pay interest @12% p.a. on the compensation amounts mentioned at Sr.No.(ii) from the date of filing the complaint till its realization, besides paying litigation expenses mentioned at Sr. No.(iii) above.
10.         The certified copies of this order be sent to the parties free of charge. The file be consigned.

	Sd/-		Sd/-
10/06/2019	[Dr.S.K.Sardana]		[Rattan Singh Thakur]
	Member		President
“Dutt”