BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

 22^nd DAY OF JUNE 2016

O R D E R

SRI. P.V SINGRI, PRESIDENT

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against the Opposite Parties (herein after referred as OP) with a prayer to direct them to restore his membership for a period of 30 years or refund the entire amount of Rs.65,000/- paid by him, further direct them to pay him Rs.30,000/- for having caused mental agony together with litigation cost.

2. The brief averments made in the complaint are as under:

The complainant had purchased 30 years vacation plus club (Billionaire Gold Vacation-India + 5 East Countries) membership on 29^th June 2013.  According to one Mr.Manoj (CV Representative) of OP the actual cost of the vacation was around Rs.1,45,000/- and the same was offered to him for Rs.95,000/- in a lucky draw.  The complainant was also to get 5 grams of gold coin with membership.  The complainant paid Rs.15,000/- and booked the vacation.  The complainant when asked for cards he was given temporary cards since payment was not done in full.  That on 28^th December 2013 the complainant received a call from one Mr.Navaz representative of OPs with a year end offer and he visited the complainant at his residence and offered the same membership at Rs.65,000/- provided the complainant pays Rs.50,000/- immediately.  The offer of 5 grams gold coin would be reduced to one gram and he would get a travel bag in the month of February/March 2014.  That the complainant was also supposed to get cards in one week as per his assurance, the complainant paid him Rs.50,000/- on the same day and he received a gold coin the next Saturday itself but did not get the cards for 5 months notwithstanding continuously calling the said Mr.Navaz.  That the complainant received call from Mr.Navaz and his Manager asking him to pay Rs.5,000/- more, but the complainant having lost confidence in OPs declined to pay the same.  That the complainant was shocked to notice that his membership was reduced to 5 years vacation and lifetime club as per the portal.  According to Mr.Navaz, the membership has to be renewed every 5 years and hence it was reflected only 5 years in the portal although his membership is for 30 years.  That the complainant tried following up with the OPs numerous times but did not get any positive response.  That the complainant also sent a letter dated 2^nd August 2014 explaining his grievance but did not receive any appropriate response from the OPs.

That the conduct of OPs amounts to deficiency in service and unfair trade practice.  Therefore, the complainant prays for an order directing the OPs to apologize him for all the inconvenience caused and direct them to restore his membership for a period of 30 years or cancel membership and refund the entire amount of Rs.65,000/- and also direct them to pay him compensation of Rs.30,000/- for having caused mental agony together with litigation cost.

3. The OPs entered their appearance through their advocate and filed their version contending in brief as under:

That the complainant entered into purchase agreement dated 29.06.2013 for the purpose of availing Holiday Vacation and in terms of the purchase agreement dated 29.06.2013 he has agreed to pay Rs.95,000/- towards holiday vacation of 10 years.  However upon request from the complainant a separate purchase agreement was entered into between the complainant and OPs on the same day for a sum of Rs.65,000/- towards holiday vacation for a period of 5 years.  In terms of the said purchase agreement the complainant is entitled for holiday vacation for 6 night 7 days in a year for a period of 5 years and life time club membership.  Upon receipt of the amount the complainant was issued with laminated club membership cards.  The OPs have never made any calls to the complainant on 28.12.2013 and Mr.Navaz did not visit the residence of the complainant as alleged in the complaint and did not offer the same membership for Rs.65,000/- provided he pays Rs.50,000/- immediately as alleged.  That the complainant has availed the vacation facilities on 25.12.2013 at their wildlife resort.  The OPs are always ready to provide the vacation package to the complainant as per the terms and conditions of the purchase agreement.  That the complainant is enjoying the services of the club.  That the complainant having availed the vacation and after having enjoyed the club facilities is making false and baseless allegations with an intention to make wrongful gain for himself.  That there is no any deficiency of service on the part of the OPs and the one alleged is false and baseless.  Therefore, OPs pray for dismissal of the complaint with exemplary cost.   

4. The complainant to substantiate the allegations made in the complaint submitted his affidavit by way of evidence.  Similarly the OPs also got filed the affidavit evidence of their Manager Sri.Girish Kumar V.N in support of the averments made in the version.  Both the parties have submitted their written arguments and produced certain documents in respect of their respective contentions.

5. On the rival contention of both the parties, the points that arise for our determination in this case are as under:

        6. Perused the allegations made in the complaint coupled with the documents filed by the complainant.  Perused the averments made in the version and various documents filed in support of the same also perused the sworn testimony of both parties, written arguments and other materials placed on record.

7. Our answer to the above points are as under:

REASONS

8.  The allegations made in the complaint by the complainant coupled with receipt dated 29.06.2013 and 28.12.2013 issued by the OPs in favour of the complainant goes to establish that the complainant having decided to purchase 30 years vacation from OPs on 29.06.2013 for a offered sum of Rs.95,000/- and paid Rs.15,000/- on the same day and booked the vacation.  However the complainant has not paid the balance amount to the OPs.  The allegation made in the complaint coupled with receipt dated 28.12.2013 issued by the OPs establishes that on 28^th December 2013 one Mr.Navaz representative of OPs approached the complainant at his residence and offered him the same membership at Rs.65,000/- provided the complainant pays Rs.50,000/- immediately and accordingly the complainant has paid Rs.50,000/- on the same day for which the said Mr.Navaz has issued a receipt stating that the amount so received is towards membership and one gram of gold coin and also a travel bag to be given in January or February.  The OPs did not let-in the evidence of the said Mr.Navaz who visited the complainant on 28.12.2013 at his residence and collected sum of Rs.50,000/- offering the membership for Rs.65,000/- instead of Rs.95,000/-.  For the reasons best known to them the OPs have withheld the evidence of said Mr.Navaz.  The complainant has no reason to make false allegations against OP regarding the offer made by Mr.Navaz and payment of Rs.50,000/- made by him towards the said membership.

9. The above mentioned receipts issued by the OPs themselves falsify the averments of the OP in para-4 of their version that the complainant entered into purchase agreement dated 29.06.2013 for a sum of Rs.95,000/-, however on his request a separate agreement was entered into on the very same day for Rs.65,000/- towards holiday vacation for a period of 5 years.  The Billionaire Vacations Agreement issued by the OPs is dated 28^th December 2013 and the receipt for having received Rs.50,000/- is also 28^th December 2013.  These documents also falsifies the contention of the OPs that the complainant entered into a new agreement on 29.06.2013 by paying Rs.65,000/-.  In fact as per the document issued by the OPs themselves Rs.15,000/- has been paid on 29.06.2013 for a holiday vacation for a period of 30 years for a sum of Rs.95,000/-.  Though the holiday vacation offered on 28^th December 2013 was for 30 years, the OP later on reduced the holiday vacation for 5 years from 30 years in the agreement dated 28^th December 2013.  Mr.Navaz the representative of OP did not mention the period of vacation at all, thereby giving an indication that the holiday vacation is for 30 years.  The complainant after seeing the portal in the website came to know that his holiday vacation has been reduced to 5 years.  Thus, it is apparent that, the OPs having promised a holiday vacation for 30 years have reduced the same to 5 years without informing the complainant and without his knowledge.  This conduct of OPs not only amounts to unfair trade practice and also amounts to deficiency in service.  The OPs are not all justified in reducing the period of holiday vacation to 5 years having offered the same amount of holiday vacation for a sum of Rs.65,000/-.  Therefore, the complainant is justified in asking the OPs to restore his holiday vacation for a period of 30 years as  was promised in the beginning and also by Mr.Navaz on 28^th December 2013 while receiving Rs.50,000/-.

10. Looking to the facts and circumstances of the case, we are of the opinion that, the OPs have to be directed to provide holiday vacation to the complainant for a period of 30 years beginning from 28.12.2013.  However, the OPs shall have to be directed to deliver a travel Bag as mentioned in the payment receipt dated 28.12.2013 so also permanent laminated membership card in favour of the complainant and his dependants.  The complainant has successfully proved deficiency of service on the part of OPs apart from unfair trade practice.   

11. The order could not be passed within the stipulated time due to heavy pendency. 

12. In the result, we proceed to pass the following:   

  O R D E R

The complaint filed by the complainant U/s.12 of the Consumer Protection Act, 1986 is allowed in part.  OPs are directed to provide/restore holiday vacation membership to the complainant for period of 30 years from the date of agreement dated 28.12.2013 and shall deliver him a travel bag and shall issue permanent laminated membership card within 6 weeks from the date of communication of this order.  The OPs shall pay litigation cost of Rs.4,000/- to the complainant.

Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 22^nd day of June 2016)

MEMBER                            MEMBER                    PRESIDENT

Vln* 

Witnesses examined on behalf of the complainant dated 14.05.2015.

1. Sri. Aswani Kumar Sharma

Documents produced by the complainant:

Witnesses examined on behalf of the Opposite party dated 09.10.2015.

1. Sri.Girish Kumar V.N

 Document produced by the Opposite parties:

MEMBER                            MEMBER                    PRESIDENT

Vln*