Complaint filed on: 17.06.2015

                                                      Disposed on: 28.02.2019

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

 1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027       

CC.No.1147/2015

DATED THIS THE 28^TH FEBRUARY OF 2019

PRESENT

SRI.H.Y.VASANTH KUMAR, PRESIDENT

SMT.N.R.ROOPA, MEMBER

Complainant/s: -                           

Sri.Kathiresan.R.S.

Aged about 35 years,

S/o Sri.R.Selvaraj,

Flat No.F9, Oasis Dew Apts., Opp.IIMB, Bilekhalli, Bannerghatta Road,

Bengaluru-76

By Adv.Sri.A.Sivadasan   

V/s

Opposite party/s:-    

1. M/s.Country Vacations

Division of Country Club

India ltd.,

Rep. by its Chairman and Managing Director

Sri.Y.Rajeev Reddy,

Corp. Office:3-6-12/13,

4^th Floor, Al Samath

Building Above Universal

Bakery Liberty ‘X’ Road,

Himayat Nagar,

Hyderabad-29

2. M/s.Country Vacations

Division of Country Club

India ltd.,

Rep. by its Manager,

#4, 3^rd floor, S.V.Towers, Krishnanagar Industrial

Layout, D.R.C Post, Hosur

Road,  Koramangala,

Bengaluru-29.

By Adv.Sri.D.Narasegowda   

                                  ORDER

Under section 14 of consumer protection Act. 1986.

SRI.H.Y.VASANTHKUMAR, PRESIDENT 

            The Complainant has sought for direction against the OP.1 & 2/Country Vacations to refund the membership fee of Rs.1 lakh on account of non-availment of services due to their gross deficiency in service and total loss of confidence with interest and damages of Rs.50,000/-.     

          2. The case of the Complainant in brief is that, on 07.12.13, being one of the lucky draw winners, when visited the office of OPs on the assurance of them paid Rs.1 lakh through credit card and signed on the agreements because of the force by the OPs. On seeing the reply emails, he sent email dtd.10.12.13 protesting against the differences in the terms & conditions which went against the promises in charging annual maintenance charges etc., He sought cancellation of the membership and also refund of the amount through letters and also on demand directly making allegations of deficiency in service, unfair trade practice and callous attitude. In the absence of the proper response, this complaint is filed.

          3. The OP.1 & 2 contended in common version that, the Complainant who entered in to purchase agreement dtd.07.12.13 after obtaining the laminated club membership card has been making baseless allegations though their club is always ready to provide all offered privileges for his life time membership. The email documents of the Complainant having no evidentiary value in the absence of certificate under Evidence Act becomes unreliable. There is no cause of action to file this complaint. There is no deficiency in their services and no unfair trade practice was played by them. The complaint is liable to be dismissed with cost.

          4. The Complainant though more than sufficient time opportunities were granted, not filed affidavit evidence except annexing the documents with complaint. OPs got examined their witness relying on Ex-B1 to B7 documents. Written arguments were not filed by both the parties.  Arguments of the OPs were heard. Perused the records.

                             5. The consumer disputes that arise for consideration are as follows:

1. Whether the Complainant establishes the deficiency in service or unfair trade practice against the OPs in not refunding the membership fees as alleged ?    
2. To what order the parties are entitled ?

6. Answers to the above consumer disputes are as under:

1) Negative

2) As per final order – for the following      

REASONS

          7. Consumer Dispute No.1: The undisputed facts reveal that, the Complainant became the life time member of OPs wide Ex-B1/purchase agreement dtd.07.12.13 on payment of Rs.1 lakh subject to the terms & conditions mentioned in the annexed sheets. He had also agreed to pay annual maintenance charges as mentioned in the worksheet/Ex-B2 and confirmation letter/Ex-B3 and also in membership card/Ex-B4, B5, B6. The payment made by him was supported by receipt/Ex-B7.

          8. The burden is always on the Complainant to prove the alleged cause of action to establish the right of getting relief prayed for. In support of allegations, the Complainant has not deposed nor filed the affidavit evidence nor furnished the supporting documents. His allegations were remained as oral allegations only. Non-production of supporting documents possessed by the Complainant amounts to suppression of material facts. The OPs by producing Ex-B1 to B7 documents have established the mutual consent in executing the agreement and no contra materials were placed to show that the signature of the Complainant were taken on force. When documentary evidence clearly establishes the obligations on the part of the Complainant, he has no right to disprove the same by vaguely narrating in complaint even without proving the same.

          9. In the absence of evidence regarding the violation of any such terms and denial of any privileged services to the Complainant, OPs cannot be made liable to refund the membership fees or to seek apology with compensation. The terms & conditions of the mutually signed agreements, clearly show that, the Complainant has got right to transfer/sell/gift the membership. It is not his case that, he cannot do so in view of any such contra terms & conditions. He has not established that the terms & conditions itself are arbitrary which makes it impossible to carry out the options left out to him. In the result, the Complainant has failed to establish the alleged deficiency in service or unfair trade practice by the OPs. Thereby, the Consumer Dispute no.1 is answered in the negative. 

10. Consumer Dispute No.2: In view of findings of the Consumer Dispute No.1, the Complainant deserves to get the following:

ORDER

          The CC.No.1147/2015 filed by the Complainant is hereby dismissed. No order as to costs.

          Supply free copy of this order to both the parties. 

          (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the Open Forum on 28^th February of 2019).

Copies of Documents produced on behalf of Complainant/s:

Copies of Documents marked on behalf of Opposite party/s