Punjab

Sangrur

CC/133/2017

Om Parkash Arora - Complainant(s)

Versus

M/s Country Club Hospitality and Holidays Ltd. - Opp.Party(s)

Sh. Ashish Kumar

07 Aug 2017

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SANGRUR.

 

                                                               

                                                Complaint No.    133

                                                Instituted on:      03.04.2017

                                                Decided on:       07.08.2017

 

1.Om Parkash Arora son of Sh. Ganga Ram, resident of H.No.42, JP Nagar, Sangrur.

2.Miss Gunjan Arora daughter of Shri Om Parkash Arora son of Shri Ganga Ram, resident of H.No.42, JP Nagar, Sangrur.

                                                        …Complainants

                                Versus

1.     M/s. Country Club Hospitality and Holidays Ltd. Registered Office: Amrutha Castle, 5-9-16, Saifabad, Opp. Secretariat, Hyderabad 500 063 through its Chairman and Managing Director Y. Rajeev Reddy.

2.     Y.Rajeev Reddy, Chairman and Managing Director of M/s. Country Club Hospitality and Holidays Ltd. Registered Office: Amrutha Castle, 5-9-16, Saifabad, Opp. Secretariat, Hyderabad 500 063.

3.     R. Ramakrishna (Manager Administration) son of Shri Satya Naryana M/s. Country Club Hospitality and Holidays Ltd. Registered Office: Amrutha Castle, 5-9-16, Saifabad, Opp. Secretariat, Hyderabad 500 063.

4.     Shekhar Chaudhary (Marketing Executive) M/s. Country Club Hospitality and Holidays Ltd. Registered Office: Amrutha Castle, 5-9-16, Saifabad, Opp. Secretariat, Hyderabad 500 063.

                                                        ..Opposite parties

 

For the complainant    :       Shri Ashish Kumar, Adv.

For OPs                   :       Shri Amandeep Singh, Adv.

 

 

Quorum:    Sukhpal Singh Gill, President

                Sarita Garg, Member

                Vinod Kumar Gulati, Member

 

Order by : Sukhpal Singh Gill, President:

 

1.             Shri Om Parkash Arora and Gunjan Arora, complainants (referred to as complainant in short) have preferred the present complaint against the opposite parties (referred to as OPs in short) on the ground that on 14.6.2015, the complainant number 1 received an invitation call on his mobile from Mr. Amit Sharma, who invited the complainant number 1 at Hotel KT Royal at Sangrur for presentation and information about benefits of Membership of Country Club and as such, the complainant number 1 along with his wife Madhu Arora and daughter complainant number 2 went to the Hotel KT Royal Sangrur to attend the representation provided by OP number 4.  Further case of the complainant is that OP number 4 allured the complainants for purchase of joint membership of the company/OPs, as such, the complainants agreed to purchase the membership of the company against payment of Rs.80,000/- and OP number 2 further promised that the complainants will get free three air tickets worth Rs.15,000/- and OP number 2 further told the complainants that they have to pay the amount in instalments of Rs.1200/- per month.  It is further averred that the OP number 4 visited the house of the complainant and while explaining the details of the EMI, he demanded their credit and debit card and without permission of the complainants, fraudulently made a debit entry of Rs.49,000/- and Rs.30,000/- from their two debit cards of the State Bank of Patiala and Punjab and Sind Bank Sangrur.  Further case of the complainant is that when no response was received from the Ops, the complainant sent an email dated 17.7.2015 to them for refunding the amount of Rs.80,000/-, but all in vain and lastly on 30.4.2016, the Ops refused to refund the due amount so paid by the complainant. Thus, alleging deficiency in service on the part of the OPs, the complainant has prayed that the Ops be directed to refund to the complainant the amount of Rs.80,000/- along with interest @ 12% per annum and further claimed compensation and litigation expenses.

 

2.             In reply filed by the OPs, preliminary objections are taken up on the grounds that the complaint is not maintainable as the complainant has concealed material fact regarding the allegations so made now in the present complaint, the complainant has never made any such grievance to the OP, therefore the present allegations are after thought and without any basis, the main reason for asking for refund by the complainant number 1 was on medical grounds, which he raised for the first time after six months of execution of the agreement i.e. on 23.12.2015 and that the complaint is not maintainable. On merits, the allegations levelled in the complaint have been denied. However, it is stated that the sale representative of the Op only explains the benefits and terms and conditions under various plans and then prospective member is left to decide whether to opt for or not or what plan to opt for as per his/her requirement and suitability.  It is denied that the OPs ever promised for free air tickets worth Rs.15,000/- nor it was agreed  that the complainants have to pay the amount in instalments of Rs.1200/- per month. It is further denied that the membership can be purchased at Rs.80,000/-.  Further it is stated that the complainant paid Rs.1000/- in cash at the hotel itself as token money and requested to make the balance payment through debit cards which they had not brought. Accordingly OP number 4 visited the house of the complainant where they paid Rs.79,000/- by swiping their debit cards for Rs.49000/- and Rs.30000/- respectively and requested to pay the balance of Rs.20,000/- at a later stage to which the OPs had no objection.    The other allegations levelled in the complaint have been denied in toto.

 

3.             The learned counsel for the complainant has produced Ex.C-1 affidavit, Ex.C-2 to Ex.C-8 copies of emails and Ex.C-9 and Ex.C-10 copies of certificates and closed evidence. On the other hand, the learned counsel for the OPs has produced Ex.OP-1 affidavit along with annexure Ex.R-1 to Ex.R-5 and closed evidence.

 

4.             We have carefully perused the complaint, version of the opposite parties, evidence produced on the file and written submissions and also heard the arguments of the learned counsel for the parties. In our opinion, the complaint merits acceptance, for these reasons.

 

5.             The learned counsel for the complainant has contended vehemently that on 14.6.2015, the complainant number 1 received an invitation call on his mobile from Mr. Amit Sharma, representative of the OPs, who invited the complainant number 1 at Hotel KT Royal at Sangrur for presentation and information about benefits of Membership of Country Club.  Accordingly, the complainant number 1 along with his wife and complainant number 2 visited  to the Hotel KT Royal Sangrur to attend the representation provided by OP number 4.  It is further contended vehemently by the learned counsel for the complainant that  OP number 4 allured the complainants by his representation for purchase of joint membership of the company, as such, the complainants paid an amount of Rs.80,000/-  through his debit cards  of State Bank of Patiala and Punjab and Sind Bank Sangrur to the OPs, which is not disputed by the Ops. Further the OPs assured that the complainants would get three air tickets absolutely free worth Rs.15,000/-. It is further contended by the learned counsel for the complainant that after payment, when no response was received from the OPs, the complainant sent email dated 17.7.2015 to them for refund of the amount of Rs.80,000/-, but of no use and lastly the OPs refused to return the amount so deposited with them on 30.4.2016.  As such, the complainant has sought a direction against the Ops to refund the so deposited amount of Rs.80,000/- to the complainant. On the other hand, the learned counsel for the OPs has contended vehemently that the complaint is not maintainable as the same has been filed by concealing material facts as the complainant has himself opted the plan at his own and that the disputed questions of facts are involved in the present complaint and that the complaint should be dismissed with special costs. Further the learned counsel for the Ops has contended vehemently that the complainants have not paid the full amount of Rs.1,00,000/-, as the amount of Rs.20,000/- more is outstanding against the complainant. It is further contended by the learned counsel for the OPs that the vacation charges are not refundable under any circumstances as the period of vacation membership is for 10 years and medically unfit or suffering from any disease is no ground to claim refund of one time non refundable fee, which is the consideration of the contract for the OP company to provide services for the whole period of membership.  Lastly, the learned counsel for the Ops has contended vehemently that the complaint being false, frivolous should be dismissed with special costs.

 

6.             After bare perusal of the complaint, written reply as well as evidence produced on record and hearing the arguments advanced by the learned counsel for the parties, we find that it is an admitted fact between the parties that the complainants paid an amount of Rs.80,000/- to OPs through OP number 3, but the Ops did not issue any membership card nor gave any three air tickets as per their offer. Further the Ops have not produced any membership purchase agreement on record executed between them and the complainant. There is no explanation from the side of the Ops that why they did not produce it on record, if the same was in their possession. It is worth mentioning here that the Ops have produced Ex.R-2 copy of membership purchase agreement of one Deepak Kumar, which has no relevancy with the present case, as the present complaint has been filed by one Om Parkash.  It is an admitted fact that whole of the transactions took place here at KT Royal Hotel Sangrur, where the Ops organised a presentation for information about the benefits of the Membership of Country Club through OP number 2, but no affidavit of Shekhar Chaudhary has been produced on the file by the Ops, who was present at the spot at the time of booking. There is no explanation from the side of the Ops that why they did not produce the same to deny the allegations of the complainants. The OPs have filed an affidavit Ex.OP-1 on record of Shri Bharat Reddy, Legal Officer of the OPs to support the allegations of the complainant, as such his affidavit is not at all helpful to the case of the OPs as he has not deposed about the correctness of the facts and transactions done between the complainants and the OPs. There is no explanation from the side of the OPs that in the application form for purchase of membership produced by the Ops, why the Ops have mentioned the name of one Deepak Kumar. Further we are unable to go with the version of the OPs that the amount deposited by the complainants is non refundable, as the complainants had deposited the amount of Rs.80,000/- for getting the membership, but since the Ops have not provided the same to the complainants without assigning any reason, as such the withheld of the amount by the Ops is not at all tenable.  If the Ops were unable to do so, then the Ops should not accept the amount of Rs.80,000/- from the complainants. In the circumstances, we feel that the Ops have miserably failed to provide the joint membership in the name of both the complainants.  Without going further in the details of the case, we  find it to be a clear cut case of deficiency in service on the part of the Ops.

 

 

7.             In view of our above discussion, we allow the complaint and direct the OPs to refund to the complainants an amount of Rs.80,000/- along with interest @ 9% per annum from the date of filing of the present complaint i.e. 03.04.2017 till realisation. The OPs are  further directed to pay to the complainant an amount of Rs.5,000/- on account of compensation for mental tension, agony and harassment and litigation expenses.

 

8.             This order of ours be complied with within a period of thirty days of its communication. A  copy of this order be issued to the parties free of cost. File be consigned to records.

                Pronounced.

                August 7, 2017.

                                                        (Sukhpal Singh Gill)

                                                           President

 

 

                                       

                                                                (Sarita Garg)

                                                                    Member

 

 

                                                         (Vinod Kumar Gulati)

                                                                   Member