DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 13 of 9.1.2018

                                      Decided on:           11.6.2021

Ravinder Pal Singh Walia S/o Sh.Avtar Singh, aged 57 years, r/o H.No.59G,Gobind Nagar, Near Model Town, Patiala.

                                                                   …………...Complainant

                                      Versus

1. M/s Country Club Hospitality and Holidays Pvt. Ltd. Regd. Office at Amruth Castle, 5-9-16, Saifabad, Opp. Secretariat , Hyderabad-500063 and Corporate Office at Country Club kool, # 6.3.1219, Begumpet, Hyderabad-500016, represented through its Chairman and Managing Director-Y Rajeev Reddy.
2. Mr. Y. Rajeev Reddy, Chairman, M/s Country Club Hospitality and Holidays Pvt. Ltd. Regd. Office at Amruth Castle, 5-9-16, Saifabad, Opp. Secretariat , Hyderabad-500063.
3. Rohit Dixit, Unit Business Head, available at Amruth Castle,5-9-16, Saifabad, opp.Secretariat,Hyderabad-500063.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Sh.Vinod Kumar Gulati, Member

ARGUED BY              

                                       Sh.Amit Bedi, counsel for complainant.

                                      Sh.Amit Gupta, counsel for OPs No.1&2

                                      Opposite Party No.3 ex-parte.

 ORDER

                                      JASJIT SINGH BHINDER,PRESIDENT

1. This is the complaint filed by Ravinder Pal Singh Walia (hereinafter referred to as the complainant) against M/s Country Club Hospitality and Holidays Pvt. Ltd. and others (hereinafter referred to as the OP/s).
2. The brief facts of the case are that the complainant received a call from OPs on 18^th August to come alongwith his spouse at Hotel TNG Bhupindra Road, Patiala where the complainant to get a complimentary holiday coupon at resorts of OPs No.1&2 for 2 nights/3 days valid for 6 months from the date of issue.
3. It is averred that allured by the deal of the OPs, the complainant visited the OPs at Hotel TNG where he was welcomed by OP No.3 employee of OPs No.1&2,who also explained the whole  scheme of the OPs of holiday plan on a piece of paper. Out of the four holidays plans offered by the OPs, the complainant opted for Country Club Vacation for 30 days of Rs.2,25000/- and paid Rs.50,000/- at the spot as down payment and remaining amount of Rs.1,75,000/- was paid through RTGS on the same day. The representative of the OPs also got filled an application form but no proof was issued by him in this regard.It is further averred that receipt bearing No.191 dated nil was issued by the representative of the OPs. For getting the copy of agreement from the OPs the complainant sent an email on 12.12.2017 and the OPs sent copy via email from which the complainant came to know about actual terms and conditions of the said vacation plan. After going through the same it was transpired to the complainant that though the contract was entered into at Patiala but the OPs for their convenience mentioned that the agreement was entered at Hyderabad and the date of agreement of membership is mentioned as 26.8.2017. It is further averred that on the receipt dated nil it is clearly mentioned under the head-“Enrollment Offer” i. 3N/4days x 2 @ International holidays(one time complementary benefit) (ii) Rs.10,000/- flight voucher;(iii) 6N/7days @ international Holidays (iv) 6N/7days Indian Resort Holidays. It is further averred that besides all this the OP No.3 also promised utilization of services of Rajindra Gymkhana & Mahindra Club,Patiala as well as membership of GOLD gym at Patiala as exclusive benefit under the deal. It is further averred that thereafter the complainant approached RGMC, Patiala but he was not allowed to enter the club premises .At this the complainant contacted office of RGMC, Patiala from where the complainant came to know that they have no tie up with Country Club Holidays. The complainant contacted OP No.3 who sent the location of the said gym but again the owner of the gym told that they have no affiliation with Country Club Holidays. Thereafter the complainant contacted customer care and even sent emails to the OPs. He also sent email dated 27.10.2017 for cancellation of membership and for the refund of the amount alongwith interest but all in vain. There is thus deficiency in service and mal practice on the part of the OPs which caused mental harassment to the complainant. Hence this complaint with the prayer to accept the same by giving direction to the OPs to refund the amount of Rs.2,25,000/-alongwith interest @12% per annum from the date of deposit i.e. 18.8.2017 till actual payment; to pay Rs.50,000/- as compensation and Rs.22000/- as costs of the complaint.
4. Upon notice OPs No.1&2 appeared through counsel and contested the complaint by filing written reply while OP No.3 did not come present and was proceeded against exparte.
5. In the written reply filed by OPs No.1&2 preliminary objections have been raised to the effect that the complaint is not maintainable;that this Hon’ble Court has no jurisdiction to try and adjudicate the present complaint and can be adjudicated by the Civil court.
6. On merits, it is admitted that the complainant was telephonically invited to Hotel TNG, Bhupindra Road, Patiala where  presentation was given on laptop by OP No.3 who explained the details of membership plan including benefits and terms and conditions.It is submitted that out of the available plans, complainant opted for Blue Season Plan for a period of 30 years and paid the amount of Rs.2,25,000/-as consideration and the amount was non refundable. It is further submitted that after filling the application form the complainant signed the same. It is further submitted that copy of the agreement was duly supplied to the complainant then and there at the time of meeting on 26.8.2017.It is further submitted that as the offer of the complainant was accepted by the corporate office of the OPs situated at Hyderabad, therefore Hyderabad court has the jurisdiction. All the other averments made in the complaint have been denied by the OPs and  have prayed for the dismissal of the complaint.
7. In support of the complaint, the ld. counsel for the complainant has tendered in evidence Ex.CA affidavit of the complainant alongwih documents Exs.C1 to C8 and closed the evidence.
8. On the other hand, the ld. counsel for the OPs No.1&2 has tendered in evidence Ex.OPA and Ex.OPB affidavits of Bharat Ready,Legal officer, alongwith documents Exs.OP1 to OP6 and closed the evidence.
9. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
10. The ld. counsel for the complainant has argued that the complainant is the registered member of the OPs as he took their holiday plan and deposited Rs.2,25,000/- with them. The ld. counsel further argued that the whole plan was explained by OP No.3 on a page in writing and copy of the agreement was never supplied. The ld. counsel further argued that the complainant received copy by e-mail from the OPs and then he came to know about the terms and conditions of the vacation plan.The ld. counsel further argued that after receiving the agreement it was transpired that although the contract was entered into at Patiala but the OPs have mentioned as Hyderabad and they played fraud with him. The ld. counsel further argued that holiday package was given to them and besides this membership of Rajindra gymkhana and Mahindra Club, Patiala as well as membership of Gold gym was also provided but nothing was given. The ld. counsel further argued that Gold gym membership was given but  gold gym was never existing in Patiala. The ld. counsel argued that fraud was played upon them, so the amount of Rs.2,25,000/- be refunded alongwith interest and compensation.
11. On the other hand, the ld. counsel for the OPs No.1&2 has argued that on the presentation by the official of the OPs, the complainant opted Blue Season Membership for life time. The ld. counsel further argued that charges of Rs.2,25,000/-were non refundable. The ld. counsel further argued that the allegations which have been leveled by the complainant are to be decided by the civil court and not by this court. The ld. counsel has also submitted detailed written arguments. In support of the case of the OPs he has relied upon the judgments Rajat Kumar Vs. L&T(Komatsu) Limited and Ors. 2009(4)CPR75, Sanjib Kumar Dey and Anr. Vs. Chabbi dey and 2 Ors. 2015(4) CPR 584, Grasim Industries Ltd. and Anr. Vs. Agarwal Steel, 2010(1)SCC83 and T.V.Sundaram Iyengar and Sons Ltd.Dr.Muthuswa my Duraiswamy and another 2003(2)CPJ 176.
12. To prove this case, the complainant has tendered his affidavit,Ex.CA and has deposed as per his complaint. He has deposed that false representation was given that he will have the membership of RGMC and Gold Gym at Patiala, which was never given.Ex.C1 is the rough note in which Gold gym is also mentioned and there is no mention of RGMC,Patiala.Ex.C2 is the certificate of Country Club Hospitality and Holidays Limited. In this the amount of Rs.2,25,000/0-has also been mentioned.Ex.C3 is the e-mail for sending agreement of club membership.Ex.C4 is an agreement. It is dated 26.8.2017.Total amount is shown as Rs.2,25,000/-.It is duly signed by the complainant but the OP did not sign any of the paper.Ex.C6 is the letter written by the OPs to the complainant. It is admitted in the letter that Rs.1,75,000/- was received on 24.8.2017 and total amount of Rs.2,25,000/- was received. Ex.C7 is whatsapp message between the parties, in which it is mentioned that , “ Don’t worry you will get whatever is committed as every things on paper”. In the another whatsapp message, it is mentioned that there is no gym at Patiala which has tie up with country club.Ex.C8 is the email written by the OP to the complainant.
13. On the other hand Mr.Bharat Reddy has submitted his short affidavit, Ex.OPA and detailed affidavit, Ex.OPB, where he has deposed as per the written statement and has admitted that the amount of Rs.2,25,000/-was received and they have not played any fraud.Ex.OP1 is the extract of minutes of meeting.
14. The perusal of the file shows that Ex.C1 is the hand written note whereby employee of OPs No.1&2  explained the plan in detail to the complainant at hotel TNG, Bhupindra Road, Patiala and thereafter the complainant agreed for execution of  membership and membership of RGMC and Gold club was also promised to be given but they have not given the same to the complainant. It  is admitted that Rs.2,25,000/-was received by the OPs. Rs.1,75,000/-was received on 24.8.2017 and Rs.50,000/- on 26.8.2017.Ex.C2 is the cash receipt of Rs.50,000/-.Ex.C3 is the letter dated 12.12.2017, 15.12.2017 and 19.12.2017.Ex.C4 is Sale agreement form,Ex.C5 is sale agreement.
15. There is no evidence on the file placed by the OPs to show that ever they will give Gold gym membership or RGMC membership and also there is no evidence on the file which can show that they were given coupon  for this Indian and International travelling.So it is clear that the OPs have taken Rs.2,25,000/- from the complainant but they have played fraud with the complainant as no membership of Gold gym or RJMC was given.
16. The court at Patiala has the jurisdiction as everything was settled at TNG Hotel, at Patiala.
17. So due to our above discussion, the complaint has been partly allowed and the OPs No.1&2 are directed to refund Rs.2,25,000/- to the complainant alongwith interest @ 6% per annum from the date of deposit till realization. They are also directed to pay Rs.10,000/-as compensation for causing harassment and mental agony and also to pay Rs.10,000/-as litigation expenses.  

Compliance of the order be made by the OPs No.1&2 within a period of 45 days from the date of the receipt of the certified copy of this order.

ANNOUNCED

DATED:11.6.2021       

                                             Vinod Kumar Gulati       Jasjit Singh Bhinder

                                                    Member                                President