Chandigarh

DF-I

CC/8/2021

Rajni Gupta - Complainant(s)

Versus

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

Devinder Kumar

16 Jan 2024

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-I,

U.T. CHANDIGARH

 

                    

Consumer Complaint No.	:	CC/8/2021
Date of Institution	:	1/1/2021
Date of Decision	:	16/1/2024

 

Rajni Gupta wife of Sh. Vikas Aggarwal, r/o House No. 2324, First Floor, Sector 38-C, Chandigarh.

 

...Complainant

Versus

 

1. M/s Country Club, Hospitality & Holidays Limited, SCO 44-45, above Punjab National Bank, 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.

 

3. M/s Country Club, Hospitality & Holidays Limited, 4th and 5th Floor, Country Kool, Country Club Global Head Quarers, Begumpet, Hyderabad-500016 through its Director

 

 

.  … Opposite Parties

 

CORAM :	PAWANJIT SINGH	PRESIDENT
	SURJEET KAUR SURESH KUMAR SARDANA	MEMBER MEMBER

                       

ARGUED BY	:	Sh. Devinder Kumar, Advocate for complainant.
	:	Sh. sukhvir Vohra, Advocate proxy for Sh. Pradeep Sharma, Advocate for OPs.

Per surjeet kaur, Member

     Briefly stated the complainant allured with the assurances given by the representative of the OPs with regard to the services being provided by them on getting their membership, the complainant accepted the offer of the Ops and became member of the OPs clubs  by paying an amount of Rs.1,00,200/- and vacation agreement Annexure C-2 executed between the parties. After becoming member of the opposite party as per the assurances of the opposite party, complainant visited to the office of OP No. 1 on the very next date with the request to book a room for her vacation at Indore but it was surprise for the complainant that the company representative replied very rudely that the company does not own any property at Indore or even in Delhi. In case complainant wants to book any holiday she should visit the company website and book at her own and thus complainant came to know that the company club does not own number of properties as shown by the representative of the opposite party while alluring her to become member of the club. Moreover the company also did not have any GYM instructor available between 6.30 AM to 10.30 AM but it was assured by the company representative at the time of alluring her to become the member. The complainant immediately requested the opposite party No. 1 that she wants to withdraw her membership and wants to get the refund of her amount.  Thereafter the complainant also sent email dated 2.1.2018 to the OPs  for withdrawal of membership but to no result. Ultimately the complainant sent legal notice Annexure C-5 to the Ops  but in vain. Alleging the aforesaid act of Opposite Parties deficiency in service and unfair trade practice on their part, this complaint has been filed.

2. The Opposite Parties in its reply took preliminary objection  that the complaint is barred by time  and denied that the answering Ops have allured the complainant for availing the membership of the Ops. It is averred that the complainant has taken the membership on her own free will and also attended the welcome call. It is averred that the complainant has even not paid the full membership fees and made part payment out of the total fee of Rs.170,000/-  The complainant signed the agreement at her free will after going through the terms and conditions thereof. The complainant never visited the office of OP No.1 on the very next date or any other date with any alleged request to book a room for her vacation at Indore or any other place. The procedure to book holidays is online as mentioned in Clause No.14 under the agreement with the given username and password on the mentioned website. It is wrong and denied that complainant came to know that the company club does not own a number of property as shown by the representative of the opposite party. There was no promise or allurement of any gym instructor made by the OPs. All other allegations made in the complaint has been  denied being wrong.
3. Rejoinder was filed and averments made in the consumer complaint were reiterated.
4. Contesting parties led evidence by way of affidavits and documents.
5. We have heard the learned counsel for the contesting parties and gone through the record of the case.
6. It is evident from Annexure C-1 dated 26.10.2017  a copy of  receipt issued by OPs that they received an amount of Rs.1,00,200/- towards country club hospitality and holidays from the complainant. However, till date no service has been availed by the complainant. Hence, the complainant is praying for refund of the amount paid. Notably, the present case was filed on 1.1.2021  and Annexure C-7  at page 40,  the order dated 15.12.2020 makes it clear that earlier also the complaint was filed by the complainant  but the same was withdrawn with liberty to file a fresh one on the same cause of action.  It has been alleged by the complainant that as and when she wanted to avail services of the Ops the same were denied on one pretext or the other.
7. As per Annexure C-3 dated 2.1.2018 after few months  of the purchase of the membership in question the complainant requested the OPs for closing membership and sought refund of the same. Undoubtedly,  as per Annexure C-2  the Vacations Agreement   the total price of the product was Rs.1,70,000/- and the complainant paid only part payment of Rs.100200/- but it is also matter of record that despite paying huge amount of her hard earned money, the complainant never availed any of the services of OPs, hence in our opinion the OPs cannot retain the hard earned money of the complainant with them especially when the complainant has never availed services of the OPs and requesting the OPs for the refund. But as the OPs did not pay any heed to the several requests of the complainant, thus, the aforesaid act of OPs amounts to deficiency in service.
8. In view of the above discussion, the present consumer complaint succeeds and the same is accordingly allowed. OPs are directed as under:-

1. to refund Rs.1,00,200/- to the complainant with interest @9% P.A. from the date of filing of the complaint till onwards.
2. to pay Rs.5000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay Rs.5000/- to the complainant as costs of litigation.

 

9.      This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr. No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.
10. Pending miscellaneous application(s), if any, also stands disposed off.
11.      Certified copies of this order be sent to the parties free of charge. The file be consigned.

			sd/- [Pawanjit Singh]
			President
			Sd/-
			[Surjeet Kaur] Member Sd/
16/1/2024			[Suresh Kumar Sardana]