DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION SAS NAGAR (MOHALI)
Consumer Complaint No.233 of 2018
Date of institution: 21.02.2018 Date of decision : 17.09.2020
Anil Verma S/o Sh. M.R. Verma R/o H.No.3175, Sector 23 D, Chandigarh
…….Complainants
Versus
- M/s Country Club Hospitality and Holidays Limited, Shop No.5, 2nd Floor, Paras Down Town Mall, Zirakpur, District SAS Nagar.
2nd address
M/s Country Club Hospitality and Holidays Limited, Country Club Kool, Corporate Office # 6-3-1219, 4th floor, Begumpet, Hyderabad.
3rd Address
M/s Country Club Hospitality and Holidays Limited, Regd Office Amruthra Castle, 5-9-16, Saifabad, Secretariat, Hyderabad.
……..Opposite Party
Complaint under Consumer Protection Act.
Quorum: Shri Sanjiv Dutt Sharma, President.
Mrs. Natasha Chopra, Member,
Present: None for the complainant.
OP ex-parte
Order dictated by :- Shri Sanjiv Dutt Sharma, President.
Order
Complainant (hereinafter referred as ‘CC’ for short) has filed the present complaint against the Opposite Party (hereinafter referred as ‘OP’ for short) on the ground that OP persuaded the CC to become member of M/s Country Club Hospitality and Holidays Limited and showed him lucrative offers and various schemes for subscribing the membership package for four members i.e. CC, his wife and two adult children, on one time membership fee of Rs. 60,000/-. Accordingly the CC deposited the amount of Rs. 60,000/- for subscribing one time membership for self, wife and two adult children. Receipt no. 081748-1243 dated 01.08.2017 vide letter dated 07.08.2017 was also sent by the OP to the CC. It is alleged that the OP sent letter dated 07.08.2017 along with photocopy of the alleged agreement dated 06.08.2017, which was found signed by the parties at Hyderabad, whereas the OP had obtained signature on the blank agreement of the CC at Zirakpur. It is alleged that after going through the terms and conditions mentioned in the photocopy of the agreement, CC immediately contacted the officials of the OP at their office at Zirakpur and officials of the OP again informed the CC that the package was shown to him was for four adult persons. CC through an email dated 14.08.2017 (within seven days of the receipt of letter along with agreement dated 06.08.2017) informed the OP for cancellation of membership. As per clause 25 of the alleged agreement dated 06.08.2017 Cool Off Option was given to the CC that he could cancel the membership within 10 days of the alleged agreement. Accordingly, he requested the OP to refund the full amount and cancel his subscription. Despite numerous reminders sent through emails by the CC to the OP, the OP instead of refunding the amount, on one pretext or other started humiliating the CC and did not respond to his requests. CC even received threatening calls from the officials of the OP to deposit the AMC. Several calls were made to the customer center at Hyderabad but nothing was done by the OP in this regard. Finally on 03.12.2017 the OP refused to pay the amount of Rs.60,000/-. Legal notice was also served upon the OP but of no use.
Thus alleging deficiency of service on the part of the OP, the CC has sought refund of Rs. 60,000/- of one time membership charged by the OP along with interest @ 24% and also sought Rs. 50,000/- as compensation for mental torture & harassment and Rs. 25,000/- as litigation expenses.
2. Complaint of the CC is properly signed, verified and also supported by an affidavit.
3. The OP has chosen to remain ex-parte. The OP was proceeded against ex-parte vide order dated 18.06.2018.
4. The CC in support of his complaint tendered in evidence his affidavit alongwith various documents Ex.C-1 to Ex.C-29 and thereafter closed his evidence.
5. Since the entire evidence of the CC is on the file and the OP is already ex-parte, we feel that no prejudice is going to be caused to any of the parties if the present complaint is decided on merits. Otherwise also, the present Consumer Protection Act is a Special Act which is enacted to provide speedy justice to the parties.
6. It is the specific case of the CC that the OP persuaded him to become member of Country Club Hospitality and Holidays Limited by showing him lucrative offers along with various schemes of benefit of holiday package for four members, i.e. self, wife and two adult children on payment of one time membership fee of Rs. 60,000/-. Accordingly on this alleged fabricated persuasion he deposited Rs. 60,000/- as one time membership fee for self, wife and two adult children. In proof of this the CC has submitted Ex C-1 and Ex C-2. After receiving the agreement, CC immediately requested the OP to cancel the agreement. As per clause 25 of the alleged agreement dated 06.08.2017 Cool Off option was given to the CC that he could cancel the membership within 10 days of the alleged agreement and can seek refund of the amount but despite sending so many emails and telephonic messages, no proper response was given by the OP. CC also received letter dated 07.08.2017 wherein it is mentioned that the CC was supposed to pay every year mandatory AMC of Rs. 8500/-. This fact also offended the CC. As per terms and conditions of Clause 25 there is a Cool Off option of 10 days which gave an option to the CC for the refund of amount after deduction of Rs. 3800/- by the OP. We have perused Ex C-3 and various reminders sent by the CC which are huge in number to the OP and also Ex C-4 and Ex C-5 and various documents. It is writ large on the file that despite doing so much of correspondence with the OP, the OP failed to redress the grievance of the CC and did not refund the amount as per clause No. 25 of the agreement. CC had told by the OP that Rs. 8500/- and Rs. 12000/- are to be paid for a package of 5 years and 10 years respectively as AMC charges. As per agreement taxes are to be paid extra on AMC of Rs. 8500/-. It is alleged by the CC that nothing regarding the taxes was disclosed by the OP during the presentation. It is alleged by the OP that amount of Rs. 8500/- towards AMC for a period of five year package is exclusive of taxes and Rs. 12000/- towards AMC for a 10 year package is inclusive of taxes and how it could be possible that one price is inclusive of taxes and the another price is exclusive of taxes. Thus CC demanded refund of his amount. CC has alleged that it is a case of false representation as well as deceptive unfair trade practice. Further we feel that this type of agreement which was partly signed by the CC at Zirakpur and other party signed the same at Hyderabad is an unfair contract. Moreover the CC had an option for seeking termination of contract as per condition no. 25 of the agreement. The imposition of unreasonable charges, obligations or conditions, puts a consumer to disadvantage and it definitely fall within the purview of unfair trade practice. Thus we feel, that CC had right to seek refund of his amount to the tune of Rs. 60,000/- from the OP. As far condition No. 25 of the agreement is concerned, the manner in which condition is written on the back of the page of the alleged agreement that too in a very small letters clearly shows the intention of the OP which shows concealment of important facts, information and misguidance to the CC. As per new Consumer Protection Act, this matter definitely falls within the purview of unfair trade practice.
7. Accordingly, we allow the present complaint and it is ordered:-
i) That the OP will refund the amount of Rs. 60,000/- ( Rs. sixty thousand only) to the CC within 30 days along with 12% interest P.A from the date of receipt of certified copy of the order
ii) The OP is further directed to pay consolidated amount of compensation to the tune of 15,000/-(Rs. Fifteen thousand only) to the CC.
Free certified copies of the orders be supplied to the parties as per rules. File be consigned to record in accordance with rules.
Announced
September 17, 2020
(Sanjiv Dutt Sharma)
President
(Mrs. Natasha Chopra)
Member
