Punjab

Patiala

CC/17/203

Sandeep Jindal - Complainant(s)

Versus

Mr. R Rama Krishan - Opp.Party(s)

Sh Y R Mangla

05 May 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

 

                                     

Consumer Complaint No.	:	CC/ 203/2017
Date of Institution	:	1.6.2017
Date of Decision	:	5.5.2023

 

Sandeep Jindal aged 50 years son of Sh.Om Parkash Jindal, resident of kothi No.4, Near Nirankari Bhawan, New Punjabi Bagh, Bouran Gate, Nabha, District Patiala.

 

                                                                   …………...Complainant

                                      Versus

1. Country Club Hospitality & Holidays Ltd. (Formally known as Country Club India) having its Corporate Office at Country Club Kool # 6-3-1219, 4^th Floor, Begumpet, Hyderabad-16 through its Managing  Administrator Mr.R.Rama Krishna.
2. Country Club Hospitality & Holidays Ltd. (Formally known as Country Club India), Amrutha Castle, 5-9-16, Saifabad, Secretariat, Hyderabad-500063 through its Sales Representative Kapil Nirwani.

                                                                   …………Opposite Parties

 

Complaint under the Consumer Protection Act

 

QUORUM

                                      Hon’ble Mr.S.K.Aggarwal, President

                                      Hon’ble Mr.G.S.Nagi,Member         

 

 

PRESENT:                   Sh.Y.R.Mangla, counsel for complainant

                             Sh.Amit Gupta, counsel for OPs.

         

                              

 

                                     

 ORDER                                          

1. The instant complaint is filed by Sandeep Jindal (hereinafter referred to as the complainant) against Country Club Hospitality & Holidays Ltd. (Formally known as Country Club India) (hereinafter referred to as the OP/s) under the Consumer Protection Act ( for short the Act).
2. The averments of the complainant are as follows:
3. The complainant took membership of the OPs and paid Rs.1,50,000/- to them for tourism purpose which was to be operative from June 2015 to June 2045 and no amount whatsoever was to be made by the complainant.The complainant was assured that OPs would provide tour of Goa with free tickets from Delhi to Goa for three people with free six nights seven days accommodation in their own resorts. In addition to the above offer, complainant was told that he would be provided six nights seven days each year at CCHL properties within India for the next 30 years and during that period a short term accommodation shall be provided in regular and superior rooms.
4. The complainant was surprised on receipt of membership detail with terms and conditions that Rs.8500/- more per year as annual maintenance charges alongwith tax was to be paid by the complainant. Complainant sent mails dated 15.4.2016, 19.4.2016 and 24.4.2016 to the OPs for organizing the tour for Goa but they did not bother for the same. Thereafter, complainant sent another mail for the refund of the amount so deposited by him with the OPs but they did not refund the amount rather refused to make the payment. There is thus deficiency in service and unfair trade practice on the part of the OPs. Consequently, prayer has been made for acceptance of the complaint.
5. Upon notice, OPs appeared through counsel and filed written statement having contested the complaint by raising certain preliminary objections. At the outset it is submitted that complainant took only membership (no club/fitness) (excludes club membership) for 30 years from OP dated 23.6.2015 at a negotiated  price of Rs.1,50,000/- towards onetime non refundable membership fee with his free will by duly signing the agreement on 23.6.2015  after going through the terms and conditions of the Vacation Agreement vide which complainant was entitled various benefits under white studio category. The complainant had not paid mandatory Annual Maintenance Charges of Rs.19326/-.Complainant was also issued Two Gift Vouchers alongwith a food coupon and he booked the vacation through gift voucher. There was no commitment of any air tickets done alongwith said gift voucher, which is purely an additional holiday and has no connection to the membership executed by the complainant.
6. On merits, it is specifically submitted that on the top of the agreement it is clearly mentioned that “ONLY VACATIONS AGREEMENT NO CLUB/FITNESS) and nowhere in the agreement it is mentioned that complainant was offered membership of the club. While replying para no.5 of the complaint, it is admitted that membership card was issued to the complainant. Further it is submitted that procedure to book holidays was online and before availing the vacations, it was necessary for complainant to clear the dues including the full membership as well as annual maintenance charges. It is also submitted that complainant never booked any holidays under the agreement which he was required to do online and has not cleared the annual maintenance charges, hence he is not entitled to vacations and Vacations membership fee is Non refundable .After denying all other averments, OPs prayed for dismissal of complaint.
7. In evidence, ld. counsel for the complainant tendered Ex.CA affidavit of the complainant alongwith documents, Exs.C1 to C6 and closed evidence.
8. On the other hand, ld. counsel for the OPs tendered in evidence, Ex.OPA affidavit of Bharat Reddy, legal officer of OPs alongwith documents, Exs.OP1 to OP4 and closed the evidence.
9. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
10. The complainant had taken membership of the club being operated by OPs No.1&2 for a consideration of Rs.1,50,000/- valid from June 2015 to June 2045 i.e. for a period of 30 years. Complainant has produced on record copy of offer letter,Ex.C1,membership card,Ex.C2, membership agreement,Ex.C3.
11. The allegation of the complainant is that he was lured for signing this agreement as he was offered a fully paid trip of Goa for 6 nights and 7 days and it was also assured that complainant will not have to bear any other charges. the above assurance of the OP turned out to be false as maintenance charges of Rs.8500/- per year also demanded by the OPs and offer for  a free trip to Goa was not honoured inspite of repeated letters,Exs.C4 to C6 written to them .
12. OPs have argued that the complainant was offered the membership with negotiative price of Rs.1,50,000/- for 30 years and the complainant was entitled for various benefits under white studio category as per the terms and conditions of the aforesaid agreement which includes stay for 6 nights 7 days each year at any of the properties of the OPs in the next 30 years. The OPs have also relied upon clause 9 of the agreement,Ex.OP2, which has also been produced by the complainant as Ex.C3, as per which vacationer is required to make a payment towards annual maintenance charges of Rs.8500/-  towards the vacations from the date of the agreement and even these could be revised without any prior notice. The said agreement has been duly signed by the complainant in English language which means that the complainant was well aware of the terms and conditions  of the agreement. Even the OPs have also produced on record a transcription of the voice calls exchanged between the complainant and official of the OPs, as per which the complainant was again conveyed that  he had to pay annual maintenance charges  to the tune of Rs.8500/-, which has also been confirmed by the complainant himself. As such this allegation of the complainant does not hold ground that he was not aware of the levies of annual maintenance charges of Rs.8500/-.
13. Further as far as the other allegations that complainant was not offered a free holiday for 6 nights and 7 days in Goa is also not justified as clause 18 of the agreement clearly states that on full onetime payment by the party with respect to 30 years 6 nights 7 days vacation includes one way air ticket vouchers for a couple within India on one trip only upto an amount of Rs.5500/- within 6 months from the date of registration of the agreement and cannot be extended any further.
14. A perusal of the agreement indicates that the agreement was signed on 23.6.2015 and first request by the complainant for free trip to Goa was made on 9.4.2016 i.e. after a expiry of almost 9½ months. Even otherwise also the complainant was only entitled for free voucher for Rs.5500/- and not air ticket etc as alleged by the complainant. As such the allegation of deficiency in service and unfair trade practice are not proved by the complainant. We find no merit in the complaint and the same is dismissed accordingly. Parties are to bear their own costs. 
15.           The instant complaint could not be disposed of within stipulated period due to Covid protocol and for want of Quorum from long time.
85109252238716.  
85109252238717.  

 

                                              G.S.Nagi                           S.K.AGGARWAL

                                              Member                          President