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

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Pankaj Walia, R/o #1883(1^st Floor), Sec.22-B, Chandigarh.

---Complainant

Vs.

(1)  M/s Country Club India Limited through its Managing Director, 6-3-1219, Begumpet, Hyderabad.

(2)  General Manager, Country Club India Limited, New Delhi.

(3)  Manager, Country Club India Limited, SCO No. 42-43, Sector 9-C, Chandigarh.

---- Opposite Parties

BEFORE:   MRS.MADHU MUTNEJA            PRESIDING MEMBER

SH. JASWINDER SINGH SIDHU    MEMBER

Argued By:    Sh. Aman Sharma, Counsel for Complainant.

           Sh. Vishnu Kaushik, Proxy Counsel for

           Sh. Ramnik Gupta, Counsel for Opposite Parties.

PER MADHU MUTNEJA, PRESIDING MEMBER

1.          The Complainant has deposited a sum of Rs.40,000/- with the Opposite Parties against an offer made to him for Membership of Country Club India Limited. The offer was received at Hotel Aroma, Chandigarh. The Complainant has stated that he was told that if he takes life time membership by making a payment of Rs.70,000/- he would get a benefit of dinner at a cost of Rs.85/- per son in Chandigarh Club, Hotel Taj or any other five star hotel at Chandigarh four times in a month; a free mobile phone worth Rs.10,000/- to Rs.15,000/- and a tour package to international destinations like Thailand, Sri Lanka and Singapore free of cost once in a year. Induced by the offer the Complainant had paid the money in two installments of Rs.15,000/- and Rs.25,000/- on 26.02.2012. However, to his dismay, he received a mail from the Opposite Parties on the same day wherein he was offered a package to domestic destinations as well as international destinations subject to a payment of Rs.4000/- (off peak season) for 06 nights (domestic) and Rs.7000/- for international destinations.

          The Complainant has alleged that as per the offer, the Membership was for one year package to any international destination free of cost (Annexure C-4). When the Complainant enquired about the conditional offer from the Opposite Parties he was asked to deposit the balance amount of Rs.30,000/-. The other offers were not provided. Feeling aggrieved the Complainant has filed a complaint with the SSP, Chandigarh. When nothing was done on the said complaint, the Complainant sent a legal notice dated 21.04.2012 to the Opposite Parties (Annexure C-6). As the Opposite Parties have not complied with his request, the Complainant has filed the present complaint alleging deficiency in service and unfair trade practice with a prayer for refund of Rs.40,000/- along with interest and compensation.  

2.          Notice of the complaint was sent to Opposite Parties seeking their version of the case.     

3.          Opposite Parties in reply have taken a preliminary objection that in the event of any disputes, claims or differences arising between the parties, the same has to be referred to arbitration as per the agreement entered into between the parties. The Complainant had entered into an agreement with the Opposite Parties for purchase of Membership. However, he paid only a sum of Rs.40,000/- instead the total consideration of Rs.70,000/-. The present complaint is not maintainable either for deficiency in service or unfair trade practice as alleged by him. Opposite Parties are engaged in the business of leisure infrastructure and recreational activities such as club activities like family entertainment, programs/ events periodically and there is no unlawful activity at all. 

          On merits, the Opposite Parties have maintained that they have initiated a concept of family clubbing in the country for which it has established properties and some of which are owned and others are franchised. The Complainant had enrolled himself as a Member by paying Rs.40,000/-. The balance amount of Rs.30,000/- was not paid by him. The CCIL Membership is a non-refundable product which is apprised to the Member at the time of first presentation itself. The terms of the membership is a valid contract, therefore, once the parties of the contract accept terms and conditions thereof, the same cannot be repudiated unilaterally. Also the allegations of the Complainant about his entitlement to the relevant free dinner, mobile phones or tour to Singapore are also misconstrued. The Complainant has failed to provide any story about the services which the Opposite Parties failed to provide. In fact, despite follow up the Complainant has not paid the balance amount. According to the document provided there is a free holiday package which is a complimentary gift offer if the member wishes to avail the complementary gifts which is worth Rs.25,000/- only then he has to pay Rs.4000/- (for within country) and Rs.7,000/- (for outside country) respectively. Hence, denying the other allegations levelled in the complaint, the Opposite Parties have prayed for dismissal of the complaint.      

4.          Parties were permitted to place their respective evidence on record, in support of their contentions.

5.          We have heard the learned counsel for the Complainant and learned proxy counsel for the Opposite Parties and have perused the record along with the written arguments filed on behalf of Opposite Parties.

6.          The Complainant has placed on record Annexure C-1, which is a Holiday Gift Voucher. As per the Complainant, he has paid a sum of Rs.40,000/- to the Opposite Parties against the Holiday Gift Voucher, received by him (Annexure C-4). As per the contents of the Gift Voucher, it is an accommodation gift with the market value of over Rs.25,000/-, which the Complainant may enjoy by paying a nominal administration fee of Rs.4,000/-. The accommodation is for a Studio Unit for two adults and two children below 09 years. Food and travel expenses are to be borne by the recipient/ Complainant. The voucher was to expire on 26.02.2013. The holiday was to be booked on time. Booking fee for a destination within India for 06 nights is Rs.4000/- (off peak) with an option for shorter duration of 03 nights for Rs.2000/- for weekdays and Rs.2400/- for weekends. Booking fee for international destinations is Rs.7,000/- Once accommodation is confirmed, booking fee is non-refundable. The gift is non-transferable and cannot be exchanged for cash. It is also given if not availed within the stipulated period it will lapse.

7.          Admittedly, the Complainant has paid Rs.40,000/- to the Opposite Parties on the basis of the aforesaid Voucher and is now claiming refund of the amount, as the free gifts which he alleges were offered to him, have not been given, also that no amount was payable after the initial deposit of the Membership Fee. The Membership Fee is Rs.70,000/- which has not been fully paid by him. There is also no information about the benefits of dinner, mobile phone or tour package to international destinations in the offer letter. Hence, the claim of the Complainant for the same is not substantiated by any cogent evidence. Otherwise also, Opposite Parties have denied making any such offer. But due to the discord between the parties and non-receipt of these free benefits, the Complainant has chosen to not to pay the further money and has been asking the Opposite Parties for refund of his money.

8.          It is evident that the Complainant has not derived any benefit/ holiday package from the Opposite Parties for the Membership and the agreement between the parties which is said to have been signed by the Complainant is not on record, against which the Opposite Parties are claiming that the dispute, if any, between the parties has to be referred for arbitration.   

9.          On the basis of the material on record, it is also apparent that the Complainant is not satisfied with what was being offered to him by the Opposite Parties and he had expected something better.

10.        In the given set of circumstances, while taking a lenient view in favour of the consumer, especially considering that the discord has developed at the initial stage itself; and no benefit has been availed by the Complainant, we allow the present complaint. We accordingly, direct the Opposite Parties to refund the amount of Rs.40,000/- paid by the Complainant for the Membership for Holiday Package. He has neither availed the offered benefits, and nor does he wish to avail any benefit further.

11.        Opposite Parties will also pay Rs.10,000/- as costs of litigation.

12.        The above said order shall be complied within 45 days of its receipt; thereafter, Opposite Parties shall be liable to pay the awarded amount along with interest @9% per annum from the date of this order, till the date of payment, besides the costs of litigation.

13.        The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced

24^th July, 2013                  

Sd/-

(MADHU MUTNEJA)

PRESIDING MEMBER

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER