BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM, JALANDHAR.
Complaint No.416 of 2015
Date of Instt. 23.09.2015
Date of Decision : 22.08.2016
Rajiv Arora son of Chander Parkash Arora R/o 377-L, Model Town, Jalandhar.
..........Complainant
Versus
1.Y.Rajiv Reddy Managing Director/Chairman, Country Club India Ltd., 6-3-1, 219, Begumpet, Hyderabad-500016.
2.Branch Manager, LGF-12, Viva Collage Mall, Village Paragpur, GT Road, Jalandhar.
.........Opposite parties
Complaint Under Section 12 of The Consumer Protection Act.
Before: S. Bhupinder Singh (President)
Sh.Parminder Sharma (Member)
Present: Sh.Rakesh Dhir Adv., counsel for the complainant.
Sh.Vikas Gupta Adv., counsel for OPs.
Order
Bhupinder Singh (President)
1. The complainant has filed the present complaint under section 12 of 'The Consumer Protection Act' against the opposite parties (hereinafter called as OPs) on the averments that complainant became member of blue category i.e. standard pricing vacations of the OP in which the OPs offered 10 years holidays with six nights seven days length of holidays per year for the complainant alongwith his family in the list provided by the OPs with the choice of the complainant's 'Destination and Resort'. The membership period was from 2012 to 2022. The membership fee was Rs.80,000/- which was taken from the complainant by the OP and the complainant was granted membership No.CVJD1V10LB131199 on 2.12.2012. Apart from this, every year Annual Maintenance Charges (AMC) was also collected from the complainant/member. Complainant submitted that he suffered miserable experience with the OPs. In the first year, complainant booked holiday with the OPs for two rooms in Dubai and the OPs booked two room in Dubai for the complainant and his family from 3.3.2013 to 7.3.2013 and the OPs informed the complainant that the complainant had to pay only utility charges per room/per day i.e. total amount of Rs.16,000/- was to be paid by the complainant but when the complainant reached Dubai, the complainant informed that only one room was available and the OPs failed to provide the second room and the complainant had to spend further amount of Rs.45,000/- for the requisite accommodation in some other Resort. Thereafter, the complainant assured of vacation at Manali from 18.6.2014 to 22.6.2014 in the second year and the complainant told the OP for reservation in Piccadilly Resort, Manali through email dated 14.3.2014. However, the OPs failed to provide the said accommodation at Piccadilly Resort, Manali, as such, the complainant had to suffer at OPs hands. Complainant further submitted that in fact AMC for three years was to be paid by the complainant. So, in order to extract the said AMC, the OPs gave false assurance to the complainant for booking at Piccadilly Resort, Manali which were in their list for days from 18th June to 22nd June, 2014. The very next day, complainant deposited the AMC and requested the OPs for booking of two rooms in Piccadilly Resort, Manali for stay of the complainant and his family which was the choice of the complainant, was situated in the main market/center of Manali. However, to the utter surprise of the complainant, the OP vide their email dated 28.3.2014 offered to the complainant a resort by the name of Byke Neelkanth, Manali which was away from the center of the city and the same was not acceptable to the complainant and his family. On 1.4.2014, complainant sent email to the OP stating that the said offer is not acceptable to the complainant and requested the OP to make arrangement for booking in Piccadilly Resort, Manali only and the OP replied that there is no availability of accommodation in Piccadilly Resort, Manali. The OP has backed out from its assurance, accordingly the complainant lost faith in the OP and complainant conveyed his feelings to the OP vide email dated 2.4.2014 and demanded cancellation of membership and refund of the membership as well as AMC paid by the complainant because the OP has failed to fulfill their commitments second time. The complainant is no more interested in continuing with the agreement/membership with the OP. Complainant also served legal notice dated 24.7.2015 but inspite of that the OP did not refund the membership fee and amount of AMC paid by complainant to the OP. On such averments, the complainant has prayed for directing the OPs to refund the membership fee and AMC charges amounting to Rs.1,00,135/- with interest @ 18%. He has also claimed compensation and litigation expenses.
2. Upon notice, OPs appeared through counsel and filed written statement pleaded that complainant entered into an agreement dated 2.12.2012 “Country Vacations International Holiday Vacation Membership Purchase Agreement”. Accordingly, complainant purchased membership from OPs paying Rs.80,000/- and OPs have provided membership No.CVJD1V10LB131199 to the complainant. Annual maintenance charges (AMC) are Rs.6742/- including taxes. As a result of this membership, complainant is eligible for 6 nights and 7 days vacations every year for 10 years in Blue Season. As per clause-1 of the aforesaid agreement, the complainant is eligible for accommodation in any of the Country Club's or associated property in India and Srilanka. OP has just helped the complainant to get the booking in Dubai through a 3rd party at a discounted price, which was beyond the agreement because Dubai does not fall within the ambit of agreement and the complainant never complained about that experience of the complainant at Dubai in the year 2013. As regards booking at Piccadilly Resort, Manali, the complainant had twisted the facts. Complainant was never promised accommodation at Piccadilly Resort, Manali but he was provided accommodation at Resort Byke Neelkanth at Manali. In email dated 14.3.2014, it was mentioned to the complainant by the OP that they would provide booking for Manali from June 18th to June 22nd. Online booking inventory will keep on change and nowhere the name of particular Resort was mentioned at Manali. The services to be provided to the complainant were strictly as per the terms and conditions of the agreement. In clause-3 of the agreement, it has been clearly stated that failure to clear Annual Maintenance Charges will be a default and the member/ complainant can not avail facility till dues are cleared. The AMC of the complainant was waived off as a good will gesture and when the complainant wished to avail the facility, he was asked to first clear the dues and the outstanding AMC in order to avail the benefits. The procedure of booking of holidays is online on 'first come first serve basis'. The OPs submitted that as regards allegations of the complainant for his experience of booking for the period 3.3.2013 to 7.3.2013, no grievance has ever been made by the complainant to the OP. Moreover, that complaint is barred by limitation in the present complaint, which was filed on 4.9.2015. Moreover, Dubai was not within the purview of the agreement between the parties. Further, the complainant never lodged any complaint or protest with the OP in this regard. As regards booking at Manali through email dated 14.3.2014, the complainant clearly mentioned that the OP will provide to the complainant booking for Manali from June 18th to June 22nd and no specific Resort was mentioned because the booking is online and it went on changing due to availability. The complainant was never assured of booking of Piccadilly Resort, Manali. The OP was having two associate properties at Manali; one is the Piccadilly Resort which is 400 meters away from Mall Road, Manali and another is Resort Byke Neelkanth which is 3.4 Kms away from the Mall road, Manali. The booking in Piccadilly Resort, Manali was full at that time i.e. 18.6.2014 to 22.6.2014 and the booking is always made on first come first serve basis as per online booking. Therefore, complainant was given accommodation in Resort Byke Neelkanth. OPs further submitted that payment/clearance of the AMC was a necessary condition to enjoy the facilities under the agreement clause-3. So, there is no question of extracting the AMC from complainant as alleged by him. No confirmation for booking at Piccadilly Resort, Manali was given by the OP to the complainant. The other Resort in the list of Resorts of the OP at Manali is 'Resort Byke Neelkanth'. Not only this, the complainant had enjoyed the facilities i.e. accommodation at Goa under the gift voucher issued by the OP without any complaint. The complainant enjoyed the facilities under the aforesaid agreement from the OPs. The complainant has no right to unilaterally terminate the contract. Apart from this, there is express agreement which states that “The membership fee is non refundable under any circumstances and the membership fee is not a deposit”. So, the complainant can not claim the refund of non refundable amount of membership fee as per terms and conditions of the aforesaid agreement.
3. In support of his complaint, learned counsel for the complainant has tendered into evidence affidavit Ex.CA alongwith copies of documents Ex.C1 to Ex.C33 and closed his evidence.
4. On the other hand, learned counsel for the OPs has tendered affidavits Ex.OPA & Ex.OB alongwith copies of documents Ex.OP-1 to Ex.OP-9 and closed evidence.
5. We have heard the Ld. counsel for the parties, minutely gone through the record and have appreciated the evidence produced on record by both the parties with the valuable assistance of Ld. counsels for the parties.
6. From the record i.e. pleadings of the parties and the evidence produced on record by both the parties, it is clear that complainant became a member of blue category i.e. standard pricing vacations of the OP in which the OPs offered 10 years holidays home with six nights seven days length of holidays per year for the complainant alongwith his family in the list provided by the OPs with choice of the complainant's destination and Resort. The membership period was from 2012 to 2022. The membership fee was Rs.80,000/- which was taken from the complainant by the OP and the complainant was granted membership No.CVJD1V10LB131199 on 2.12.2012. Apart from this, every yearly Annual Maintenance Charges (hereinafter called as AMC) was also collected from the complainant/ member. The complainant submitted that he suffered miserable experience with the OP. In the first year, complainant booked holiday trip with the OPs for two rooms in Dubai and the OPs booked two rooms in Dubai for the complainant and his family from 3.3.2013 to 7.3.2013 and the OPs informed the complainant that the complainant had to pay only utility charges per room/per day i.e. total amount of Rs.16,000/- was to be paid by the complainant but when the complainant reached Dubai, the complainant informed that only one room is available and the OPs failed to provide the second room and the complainant had to spend further amount of Rs.45,000/- for the requisite accommodation in some other Resort. Thereafter, the complainant assured of vacation at Manali from 18.6.2014 to 22.6.2014 in the second year and the complainant told the OP for reservation in Piccadilly Resort, Manali through email dated 14.3.2014 Ex.C17. However, the OPs failed to provide the said accommodation at Piccadilly Resort, Manali, as such, the complainant had to suffer at OPs hands. Complainant further submitted that in fact the AMC for three years was to be paid by the complainant. So, in order to extract the said AMC, the OPs gave false assurance to the complainant for booking at Piccadilly Resort, Manali which were in their list for day from 18th June to 22nd June, 2014. The very next day, complainant deposited the AMC and requested the OPs for booking of two rooms in Piccadilly Resort, Manali for stay of the complainant and his family which was the choice of the complainant, was situated in the main market/center of Manali. However, to the utter surprise of the complainant, the OP vide their email dated 28.3.2014 offered the complainant a resort by the name of Byke Neelkanth, Manali which was away from the center of the city and the same was not acceptable by the complainant and his family. Resultantly, on 1.4.2014, complainant sent email to the OP stating that the said offer is not acceptable to the complainant and requested the OP to make arrangement for booking in Piccadilly Resort, Manali only and the OP replied that there is no availability of accommodation in Piccadilly Resort, Manali. The OP has backed out from its assurance, accordingly the complainant lost faith in the OP and the complainant conveyed his feelings to the OP vide email dated 2.4.2014 and demanded cancellation of membership and refund of the membership as well as the AMC paid by the complainant because the OPs have failed to fulfill their commitments second time. The complainant is no more interested in continuing with the agreement/membership with the OP. Complainant also served legal notice dated 24.7.2015 Ex.C1 through registered post, postal receipts of which are Ex.C2 and Ex.C3 but inspite of that the OP did not refund the membership fee and amount of the AMC paid by the complainant to the OP amounting to Rs.1,00,135/-. Learned counsel for the complainant submitted that all this amounts to deficiency of service on the part of the OPs qua the complainant.
7. Whereas the case of the OPs is that complainant entered into an agreement dated 2.12.2012 “Country Vacations International Holiday Vacation Membership Purchase Agreement” Ex.OP2(hereinafter called as the Agreement). Accordingly, complainant purchased membership from OPs paying Rs.80,000/- and the OPs have provided membership No.CVJD1V10LB131199 to the complainant. Annual maintenance charges (AMC) are Rs.6742/- including taxes. As a result of this membership, complainant is eligible for 6 nights and 7 days vacation every year for 10 years in Blue Season. As per clause-1 of the aforesaid agreement Ex.OP2, the complainant is eligible for accommodation in any of the Country Club's or associated property in India and Srilanka. The OP has just helped the complainant to get the booking in Dubai through a 3rd party at a discounted price, which was beyond the agreement Ex.OP2 because Dubai does not fall within the ambit of agreement Ex.OP2 and the complainant never complained about that experience of the complainant at Dubai in the year 2013. Moreover that it was out of the purview of the OPs as well as agreement Ex.OP2.
8. As regards booking at Piccadilly Resort, Manali, the complainant had twisted the facts. Complainant was never promised accommodation at Piccadilly Resort, Manali but he was provided accommodation at Resort Byke Neelkanth at Manali. By email dated 14.3.2014 Ex.C17, it was mentioned to the complainant by the OP that they would provide booking for Manali from June 18th to June 22nd. Online booking inventory will keep on change and nowhere the name of particular Resort was mentioned at Manali. The services to be provided to the complainant were strictly as per the terms and conditions of the agreement Ex.OP2/Ex.C4. In clause-3 of the agreement Ex.OP2, it has been clearly stated that failure to clear the Annual Maintenance Charges will be default and the member/ complainant can not avail facility till dues are cleared. The AMC of the complainant was waived off as goodwill gesture and when the complainant wished to avail the facility, he was asked to first clear the dues and the outstanding AMC in order to avail the benefits . The procedure of booking of holidays is online on 'first come first serve' basis. The OPs submitted that as regards allegations of the complainant for his experience of booking for the period 3.3.2013 to 7.3.2013, no grievance has ever been made by the complainant to the OP. So, it is a story created later on by complainant just to add fuel to the fire. Moreover, that the complaint is barred by limitation in the present complaint, which was filed on 4.9.2015. The OPs submitted that as per Dubai voucher “two bedroom apartment was booked”, copy of the said voucher is Ex.OP3 and rooms were not booked as per voucher Ex.OP3. Moreover, Dubai was not within the purview of the agreement between the parties Ex.OP2. Further, the complainant never lodged any complaint or protested with the OP in this regard. As regards booking at Manali through email dated 14.3.2014 Ex.C17, the complainant clearly mentioned that the OP will provide to the complainant booking for Manali from June 18th to June 22nd and no specific Resort was mentioned because the booking is online and it went on changing due to its availability. The complainant was never assured of booking of Piccadilly Resort, Manali. The OP was having the two associate properties at Manali-one is the Piccadilly Resort which is 400 meters away from Mall Road, Manali and another is Resort Byke Neelkanth which is 3.4 Kms away from the Mall road, Manali as is evident from the copy of screen-short (map) of internet Ex.OP4 and Ex.OP5. The booking in Piccadilly Resort, Manali was full at that time i.e. 18.6.2014 to 22.6.2014 and the booking is always made on 'first come first serve basis' as per online booking. Therefore, the complainant was given accommodation in Resort Byke Neelkanth. The OPs further submitted that payment/clearance of the AMC was a necessary condition to enjoy the facilities under the agreement clause-3. So, there is no question of extracting the AMC from complainant as alleged by him. No confirmation for booking at Piccadilly Resort, Manali was given by the OP to the complainant. The other Resort in the list of Resorts of the OP at Manali is Resort Byke Neelkanth. Not only this, the complainant had enjoyed the facilities i.e. accommodation at Goa under the gift voucher issued by the OP without any complaint and this fact has not been narrated by the complainant in the complaint. The OP produced copy of confirmation voucher of Goa of the complainant Ex.OP6. The complainant enjoyed the facilities under the aforesaid agreement from the OPs. The complainant has no right to unilaterally terminate the contract. Apart from this, there is express agreement which states that “The membership fee is non refundable under any circumstances and the membership fee is not a deposit”. So, the complainant can not claim the refund of non refundable amount of membership fee as per terms and conditions of the aforesaid agreement Ex.C4/Ex.OP2. Learned counsel for the OPs submitted that there is no deficiency of service on the part of the OPs qua the complainant.
9. From the entire above discussion, we have come to the conclusion that the complainant became member of blue category i.e. Standard Pricing Vacations of OP No.1 Country Club and the complainant paid Rs.80,000/- as membership fee and the parties executed agreement Ex.OP2/Ex.C4. The OPs provided membership No.CVJD1V10LB131199 to the complainant. Apart from this, the complainant/member has to pay the Annual Maintenance Charges (AMC) Rs.6742/- including taxes. As a result of this membership, the complainant /member is eligible for 6 nights and 7 days vacations every year for 10 years in blue season. As per clause-1 of the aforesaid agreement Ex.OP2, the complainant is eligible for accommodation in any of the country club's or associated properties in India and Srilanka. As regards the allegations of the complainant for his experience of booking at Dubai for the period from 3.3.2013 to 7.3.2013, the complainant requested the OP for the aforesaid booking at Dubai. Dubai was not within the purview of the aforesaid agreement. However, the OP helped the complainant to get booking in Dubai through a 3rd party at a discounted price. As per Dubai voucher Ex.OP3 two bedrooms apartment was booked for the complainant and not two rooms as alleged by the complainant. The complainant never lodged any complaint or protest with the OP in this regard and he raised the protest in this regard only in the present complaint which was filed on 23.9.2015 i.e. after a lapse of more than 2 ½ years. In 2014, the complainant requested the OP for booking at Manali but the complainant has not paid the AMC. The payment/clearance of the AMC was a necessary condition to enjoy the facilities under the agreement Ex.OP2 as per clause-3. The complainant was requested to deposit the AMC. The AMC of the complainant was waived off as a good will gesture by the OP and when the complainant wished to avail the facility, he was asked to first clear the dues and outstanding the AMC in order to avail the benefits. The complainant deposited the AMC with the OP. OP through email dated 14.3.2014 Ex.C17 told the complainant that OP will provide to the complainant booking for Manali from June 18th to June 22nd but no specific Resort was mentioned in that email. After depositing of the AMC, the complainant requested for booking in Piccadilly Resort, Manali and the OP vide email dated 1.4.2014 Ex.C21 told the complainant that there is no availability of rooms in Piccadilly Resort, Manali and the OP gave accommodation to the complainant in Resort Byke Neelkanth, Manali. The OP was having two associated properties at Manali i.e. one is the Piccadilly Resort which is 400 meters away from Mall Road, Manali and another is Resort Byke Neelkanth which is 3.4 Kms away from the Mall Road, Manali as is evident from the copy of screen-short (map) of internet Ex.OP4 and Ex.OP5. The booking in Piccadilly Resort was not available at that time i.e. from 18.6.2014 to 22.6.2014 as the booking was always made on first come first serve basis as per online booking availability. Therefore, the complainant was given accommodation in Resort Byke Neelkanth for the aforesaid period. So, there is no deficiency of service on the part of the OP qua the complainant.
10. Not only this, the complainant also availed facility i.e. accommodation at Goa under the gift voucher issued by the OP without any complaint and this fact was never denied by the complainant. The OP produced copy of confirmation voucher of the complainant Ex.OP6. All this shows that complainant enjoyed the facilities under the aforesaid agreement Ex.OP2 from the OP. It has been expressly written in this agreement Ex.OP2/Ex.C4 that the membership fee is non-refundable under any circumstances and the membership fee is not a deposit. As per the terms and condition of the agreement, the OP is not liable to refund the amount of membership fee to the complainant. So, the OP was justified in not making the refund of the membership fee and the AMC charges paid by the complainant to the OP as per terms and conditions of the policy. However, if the complainant does not wish to remain member of the OP country club, the AMC charges in advance deposited by the complainant for the future period and the complainant has not availed the facility, the OP is liable to refund only the AMC charges of the future period, the services for which have not been availed by the complainant but the complainant is not entitled to refund of the membership fee.
11. In the light of above discussion, there is no deficiency of service on the part of the OPs qua the complainant. As such, the complaint is without merit and the same is hereby dismissed with no order as to cost. Copies of the order be sent to the parties free of cost, under rules. File be consigned to the record room.
Dated Parminder Sharma Bhupinder Singh
22.08.2016 Member President
