IN THE COURT OF THE LD. DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT S I L I G U R I.

CONSUMER CASE NO. : 12/S/2016.                              DATED : 13.10.2017.   

BEFORE  PRESIDENT              : SMT. KRISHNA PODDAR,

                                                              President, D.C.D.R.F., Siliguri.

                      MEMBER                : SMT. PRATITI BHATTACHARYYA

COMPLAINANTS   1.      : DEBARATI CHAKRABORTY (ROY),       

  W/O. Sri Abhijit Chakraborty, Shilpasamiti Para,

  Madhu Ghat, Dhiraj Mohan Sen Sarani,

  P.O. & Dist.- Jalpaiguri, Pin- 735101,

  Phone : 97333 95643.

2.         : ABHIJEET CHAKRABORTY,

  S/O. Late Atulendra Nath Chakraborty,

  Shilpasamiti Para, Madhu Ghat, Dhiraj Mohan Sen

  Sarani, P.O. & Dist.- Jalpaiguri, Pin- 735101,

  Phone : 94343 67603.

O.Ps.              1.                         : M/S COUNTRY CLUB (INDIA) LIMITED,

 Registered office at: Amrutha Castle, 5-9-6,

 Saifabad, Opp. Secretariat, Hydrabad – 500 063.    

                                    2.                     : THE COUNTRY VACATIONS

  (A DIVISION OF COUNTRY CLUB (I) LIMITED),

  4^th Floor, Malhotra Tower, Hill Cart Road, Pradhan Nagar,   

  P.O. & P.S.- Prodhan Nagar, Siliguri, Dist.- Darjeeling –   

  734003, presently having office at Patel Road,

  (Hotel Heritage), Opp. Sarkar Mobile, Prodhan Nagar,

  P.O. & P.S.- Prodhan Nagar, Siliguri,

  Dist.- Darjeeling – 734 003.

                                    3.                     : M/S COUNTRY CLUB INDIA, 

  Corporate office at : Country Club Kool,

  #6-3-1219/A-2^nd Floor, Begumpet, Hyderabad – 500 016,

  Andhra Pradesh.

  http : //www.countryvacationindia.com

  contact No’s : 91-40-67484444.

  Mail to :   COUNTRY VACATIONS CONTACT US :

  +91-040-6748 7777, 67482222

  Mail to : reservations@countryvacationsmail.com

 4.                    : GENERAL MANAGER,

  M/S Country Club (India) Ltd.,

  Mr. Azahar Baig.

  86b/2, 1^st Floor, Gajraj Chambers, Park Circus Connector,  

  Topsia Road, e.m. bypass, Kolkata – 700 046. 

  Ph. No.:033-4004-8244/8261.

                                    5.                     :MANAGING DIRECTOR, M/S COUNTRY VACATIONS

 (AS division of country club (India) Ltd., h. No.3-6-367 & 369,

 3^rd Floor, Flat No.306, Skill Spectum Buiilding,

 Liberty X Roads, Himayatnagar, Hyderabad – 500 029. 

Contd.....P/2

                              -:2:-

FOR THE COMPLAINANTS       : Sri Santanu Chakraborty, Advocate.

J U D G E M E N T

Smt. Krishna Poddar, Ld. President.

Brief facts of the complaint case are that the complainants are government teacher and they have a kid of 5 years only.  On a sudden phone call from the executives of the OPs on June, 2013 complainants visited the OP No.2 at their Siliguri Office.  The Executives of the OP Company approached the complainants and induced them with various schemes offered by the OP Club.  The complainants purchased a billionaire life membership of Holiday Club with Country Vacation International Holiday Club on 21^st June, 2013 by paying Rs.1,10,000/- to the OPs through S.B.I. at their Siliguri office.  The executives of OP No.2 had promised that they would issue membership card within 30 days against the receipt.  Complainants waited for the card till 30^th July, 2013, but they did not receive the same. Complainants then made several attempts to contact with the executives of the club and the customer care centre for getting the membership card but they did not receive the card till the end of December, 2013.  The office of the OP No.2 at Malhotra Tower was suddenly locked and closed and the complainants came to know that the said office was shifted to other place but in spite of thorough search and enquiry, the complainants could not trace out the new office of the OP No.2.  The complainants purchased the billionaire life membership with a view to make a trip to Mumbai during the vacation in April, 2014 but due to non receipt of the membership card, the complainants had to pay the cost of the guest House and they suffered huge monetary loss.  In the year 2014 during vacation tour they had to pay room rent of Rs.40,000/- and thereafter Rs.50,000/- during their vacation tour in the year 2015.  The complainants asked the OP No.2 for refund of the money towards the entry membership fees, but the OP No.2 did not refund the money deposited by the complainants.  Hence, this case.

The OP Nos.1 to 5 entered appearance and contested the case by filing a written version wherein the material averments made in the complaint have been denied and it has been contended inter-alia that the instant case is not maintainable.  It has been contended by the OPs that the instant case is liable to be dismissed for want of territorial jurisdiction of this Forum.  It has been further stated by the OPs that as per membership agreement executed between the parties the amount paid towards the membership is not refundable and as the complainants were aware of the said terms and conditions and after executing the membership application, the complainants have no right of asking for refund of the membership fees.  It has been further stated by the OPs that the complainants have failed to show any deficiency in service on the part of the OPs. 

It has been further contended by the OPs that the complainants misinterpreted and misrepresented the facts of the agreement dated 21.06.2013 and they are under the impression that they will eligible to avail all the facilities under billionaire Gold Vacation, in fact the OPs have a standard format of agreement for all types of billionaire vacation agreement and the OPs have already informed to the complainant that if the complainants do not receive the membership card they can avail all the facilities for which they are entitled for under billionaire premium vacation membership but the complainants without avail any service provided by the OPs cannot put allegation regarding defective service, unfair trade practice and cheating and the allegations of the complainant being baseless they are not entitled to get any relief as prayed for.     

To prove the case the complainant has filed the following documents :-

1. Xerox copy of membership agreement paper which is marked as Annexure – ‘A’.
2. Xerox copy of the Gift voucher which is marked as Annexure – ‘B’.
3. Xerox copy of petitioners bank pass book showing the withdrawal of money which marked as Annexure – ‘C’.

Complainant has filed evidence in-chief.

OP Nos.1, 2, 3, 4 & 5 have filed evidence in-chief.

Complainant has filed written notes of argument.

          OP Nos.1, 2, 3 4 & 5 have filed Written Notes of Argument.

Points for decision

1.       Is there any deficiency in service on the part of the OP?

2.       Is the complainant entitled to get relief as prayed for?

Decision with reasons

Both the issues are taken up together for the brevity and convenience of discussion.

The complainants have filed the instant case on the basis of the purchase agreement for Billionaire Membership executed between the parties on 21^st June, 2013.  The case of the complainants are that they received a phone call from the executives of the OPs on June, 2013 and accordingly they visited the OP No.2 at their Siliguri office.  The executives of the OPs approached the complainants and induced them with various schemes offered by the OP Club.  The complainant are fond of travelling and accordingly, they accepted the offer of the OPs and purchased a billionaire life membership of Holiday Club with Country Vacation International Holiday Club on 21^st June, 2013 by paying Rs.1,10,000/- through SBI at the Siliguri office of the OPs.  The

Contd.....P/3

                              -:3:-

further case of the complainants is that the executives of the OP No.2 had promised that they would issue membership card to the complainant within 30 days against the receipt and the complainants waited for the card till 30^th July, 2013 but they did not receive the same.  The complainants then made several attempts to contact with the executives of the OP club and the customer care centre for getting the membership card but they did not receive the card till the end of December, 2013.  The complainants came to know that office of the OP No.2 at Malhotra Tower was suddenly locked and they had shifted to another place and in spite of thorough search and enquiry the complainants could not trace out the new office of the OPs.  The further case of the complainants is that the complainants purchased the billionaire life membership with a view to visit Mumbai during vacation in April, 2014 but due to non receipt of the membership card they had to suffer huge monetary loss and accordingly, the complainants have filed this case for refund of the a sum of Rs.1,10,000/- given in cash for membership card and Rs.15,000/- towards convenience expenses to travel from Jalpaiguri to Siliguri since June, 2013 till date, Rs.2,40,000/- expenses for the attendant to look after their kid at home, Rs.90,000/- for attending 2014-15 vacation tour and Rs.15,00,000/- for harassment, mental agony etc.

In this case, the complainants failed to furnish any document to show that they took any attempt to avail the service from the OPs.  Moreover, the complainants failed to file any document in respect of their visits during the year 2014 and 2015. 

On careful scrutiny of the purchase agreement for billionaire membership            dated 21.06.2013 it appears that there are a good number of clauses which are binding on second party.  The clause 21 of the agreement clearly shows that it is agreed between the parties herein that in the event of any disputes, claims or differences arising under this vacation purchase agreement, the said shall be referred to Arbitration under the Provisions of Arbitration and Conciliation Act, 1996 and Amendments thereof, by sole Arbitrator to be appointed by the company herein and the award passed by the Arbitrator shall be final and binding on all parties herein.  The vanue of the Arbitration will be held at Hyderabad.  In the agreement deed it has been further stated that the vacation charges is not refundable under any circumstances and vacation fee is not a deposit.  Again it appears from the clauses given in the agreement that the second party understands that he or she are bound by the rules and regulations and by laws of CCIL in force and as duly amended from time to time.  The decision of the management of CCIL would be final in all matters.

Before entering into the agreement the complainants required to go through the terms and conditions given in the format of agreement.

Considering the facts and circumstances of the case with regard to the materials and evidence of the parties on record and on careful scrutiny of the agreement as well as documents furnished on the side of the parties we are of the view that this Forum has no jurisdiction to entertain this case in view of the clauses given in the agreement.

Contd.....P/4

                              -:4:-             

Considering all these aspects, this Forum is of the view that the present case of the complainants is not maintainable.

In the result, the case fails.     

Hence, it is

                           O R D E R E D

that the Consumer Case No.12/S/2016 is dismissed on contest against the OPs without cost.

          Let copies of this judgment be supplied to the parties free of cost.