Chandigarh

DF-II

CC/602/2018

Mohini Kapoor - Complainant(s)

Versus

M/s Country Club, Hospitality & Holidays Limited - Opp.Party(s)

Devinder Kumar Adv.

24 Jun 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Consumer Complaint  No	:	602 of 2018
Date  of  Institution	:	31.10.2018
Date   of   Decision	:	24.06.2019

 

 

 

 

Mohini Kapoor wife of Sh.B.K.Kapur, aged 65 years, r/o H.No.1351, Sector 21, Panchkula.  

 

             ……..Complainant

 

Versus

 

1]  M/s Country Club, Hospitality & Holidays Limited, SCO 44-45, Sector 9-D, Madhya Marg, Chandigarh through its Branch Manager.

2]  M/s Country Club, Hospitality & Holidays Limited, Regd. office Amrutha Castle, 5-9-16, Saifabad Opp. Secretariat, Hyderabad 500 063 through its Managing Director.

 

………. Opposite Parties

 

BEFORE:  SMT.PRITI MALHOTRA    PRESIDING MEMBER

            SH.RAVINDER SINGH         MEMBER

 

Argued By: Sh.Devinder Kumar, Adv. for complainant.

Sh.Pardeep Sharma, Adv. for Opposite Parties

 

 

PER RAVINDER SINGH, MEMBER

 

         The case of the complainant, in brief is that, she being allured by the lucrative holiday package/offers made by the representative of OPs, took their Membership and paid an amount of Rs.2,30,000/- through credit card on 14.2.2018 (Ann.C-1) and signed on the Agreement (Ann.C-2).   It is averred that the complainant, just after 3 days, vide email dated 17.2.2018, requested the Opposite Parties that due to some unavoidable family circumstances she cannot continue the membership, and as such requested for cancellation of her Membership and refund of the amount (Ann.C-3 & C-4), which was denied vide email dated 1.3.2018.  Therefore, the complainant made booking for accommodation in Goa at Royal Assagao, next to Dattatreya Temple Assagao, Bardezn Goa and as such visited with family.  It is averred that the complainant was disappointed with the accommodation provided by Opposite Parties as there were various shortcoming in the said property.  It is stated that the said accommodation was far from city, far from Anjuna Beach, it is in hinterlands of Goa, the rooms were average & small, there was no AC in restaurant and the rest room near the pool were dirty, with no provision of soap etc.   It is averred that due to said short comings, the complainant never stays in the said accommodation provided by Opposite Party and had to stay in another property at Goa (Ann.C-7). The matter was reported to the OPs with request to cancel the membership and refund the amount, but they did not pay any heed. Hence, this complaint has been filed alleging the above act & conduct of the Opposite Parties as deficiency in service and unfair trade practice.

 

2]       The OPs have filed joint reply and while admitting the factual matrix of the case, stated that the complainant after going through the contents of the Agreement and being fully satisfied, affixed her signature on the Agreement and accordingly purchased the Membership of Opposite Party by paying an amount of Rs.2,30,000/-.  It is denied that the property Royal Assagao provided to the complainant on her visit to Goa as per her booking was not proper.  It is denied that the said property was having any short comings as alleged.  It is also denied that the complainant never stays in the accommodation of Opposite Party but in some other property.  Neither any name of any other property is mentioned nor any bill or any other document of any other property at Goa has been placed on record. It is submitted that as per express clause under the agreement, the vacation charges is not refundable under any circumstances and the vacation fee is not refundable deposit. Pleading no deficiency in service and denying rest of the allegations, the Opposite Parties have prayed for dismissal of the complaint. 

 

3]       Replication has been filed by the complainant thereby reiterating the assertions as made in the complaint.  

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and carefully perused the entire record.

 

6]       After careful examination of pleadings and entire evidence on record, it has been noticed that the OPs-M/s Country Club Hospitality & Holidays Limited, by propagating false images of resorts and holiday trips, allure the innocent people to obtain membership of their Club, but failed to stand to their commitments. 

 

7]       The complainant has definitely been trapped by false and flimsy assurances of the Opposite Parties and paid Rs.2,30,000/- on 14.2.2018 to obtain their Membership.  The complainant, just after 3 days of obtaining the Membership on 14.2.2018, opted for cancellation of her Membership and requested the Opposite Parties to refund the amount vide email letter dated 17.2.2018 (Ann.C-3), but the Opposite Parties prevailed upon the complainant to continue with the Membership giving all promissory assurances for providing world-class facility in their resorts.  The complainant fell prey to the gimmicks of Opposite Parties and as a test, booked accommodation in Gao at Royal Assagao, next to Dattatreya Temple Assagao, Bardezna Goa.  However, when she arrived there with her family on 19.4.2018 for stay, she found the accommodation provided by OPs in a very poor & miserably condition and not worth living.  The complainant, as such, under compelling circumstances has to arrange some alternative accommodation for her stay at Goa during her visit with family.

 

8]       The complainant has, within the permissible period i.e. within just 3 days from the date of getting membership as on 14.2.2018, has withdrawn her membership by sending email request on 17.2.2018. The Opposite Parties should have made the refund of Rs.2,30,000/- to the complainant just on her option of withdrawal.  The withholding of the amount despite option of complainant to withdraw from the Membership, amounts to an unfair trade practice on the part of Opposite Parties. 

 

9]       Keeping into consideration the facts, as discussed in the preceding paragraphs, the complaint is allowed with direction to the Opposite Parties NO.1 & 2 to pay back an amount of Rs.2,30,000/- to the complainant with interest @12% p.a. with effect from 17.2.2018 (date of withdrawal request) till realization, along with litigation cost of Rs.10,000/-, within a period of 30 days from the date of receipt of copy of this order.    

          Certified copy of this order be sent to the parties, as per rules.

Announced

24^th June, 2019                                                                                                                                                                          Sd/-

                                                                    (PRITI MALHOTRA)

PRESIDING MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER