Karnataka

Bangalore 4th Additional

CC/2273/2017

Sri P.Selva Kumar, - Complainant(s)

Versus

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

02 Nov 2017

ORDER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

ORDER

 

Under section 12(3) of consumer protection Act. 1986.

 

SRI.H.Y.VASANTHKUMAR, PRESIDENT 

 

             The Complainant has sought for direction against the Opposite parties no.1 & 2/Country Club India Ltd., to pay a compensation of Rs.46,000/- membership amount, with 18% interest from the date of deposit, with total compensation amount of Rs.1,50,000/- by alleging the deficiency in service against the Opposite parties in not cancelling his membership after assured welcome kit was not furnished.

 

          2. The case of the Complainant in brief is that he became the member bearing no.CVBG1CLUB218956 with the Opposite parties no.1 & 2, on payment of Rs.46,000/- and by executing the agreement for Gymkhana club. The Opposite parties assured to offer welcome kit, membership card and other benefits to be availed through membership, but never sent any of such benefits and did not respond to his requests made for the same. It was the careless attitude and non-compliance of the conditions to provide the facilities to the member of the Opposite parties, on the other hand demanded annual maintenance charges of Rs.3,000/- from him and it becomes in valid for non-compliance of the furnishing of the assured benefits for which he is entitled. He has not utilized any service/facility. He demanded for refund of paid amount of Rs.46,000/-. It was also not complied and the said act amounts to deficiency in service and hence this complaint.

 

          3. The Complainant has relied on the copies of the purchase agreement to show he became the member subject to the terms & conditions, supported by bank statement, voucher given by the Opposite parties, legal notice and the call letter copies of the period May to August 2016.

 

          4. The Complainant has signed on the purchase agreement and on all the sheets of the terms & conditions and it shows that after going thoroughly of the terms & conditions of the purchase agreement and the explanations given towards them with the desire to become the member, paid the membership fees, which is non-refundable under any circumstances, knowingly very well that the membership fee is not refundable deposit. The condition no.6 says that the benefit if chosen by the second party/member from cash out price, then become liable to pay entire amount within 30 days and in default the club will revoke the benefit and collect the full product price from the member.

5. Nowhere in the agreement, the assured benefits as stated by the Complainant regarding the alleged welcome kit is mentioned. The terms & conditions show the liability of the members to pay annual maintenance charges and as such non-payment of the same on the ground of non-furnishing welcome kit, gets no support but becomes violation of the terms & conditions. No materials are placed to show, how he is empowered to claim such right.

 

6. Validity period of voucher card was expired and it does not show that the Opposite parties refused to offer such benefits. It is for the Complainant to utilize in terms of conditions within the stipulated period and thereby it also gets no value to support his alleged cause.

 

7. The allegations made in the legal notice dtd.13.04.17 and in the complaint that he wanted to get back the membership fees paid in two instalments with interest from the date of payment itself shows that he wanted to get the cancellation of the membership which is not permissible as per the terms & conditions. The Complainant being the party to the contractual obligations, now cannot go behind the agreed terms & conditions. The call letters showing his attempts to contact the Opposite parties through landline do not prove any of the above allegations and non-compliance of the terms & conditions and hence no grounds are made out to proceed against the Opposite parties regarding the alleged reliefs. Accordingly the following order is passed:

 

                            ORDER

 

 

The CC.No.2273/2017 filed by the Complainant is rejected u/s 12(3) of CP Act. No order as to costs.         

 

 

          (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the Open Forum on 2^nd November 2017).

 

 

(SURESH.D)   MEMBER

(ROOPA.N.R)     MEMBER

(VASANTHKUMAR.H.Y)  PRESIDENT