Karnataka

Bangalore 4th Additional

CC/15/346

Sri Vincent Thommana, S/o George. - Complainant(s)

Versus

M/s Thilaga (Manager )Country Vacations International Holiday Club. - Opp.Party(s)

21 May 2019

ORDER

Complaint filed on: 19.02.2015

Disposed on: 21.05.2019

 

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.346/2015

DATED THIS THE 21^st MAY OF 2019

 

 

PRESENT

 

 

 

 

SMT.PRATHIBHA. R.K., BAL, LLM, PRESIDENT

SMT.N.R.ROOPA, B.A., LLB, MEMBER

 

 

Complainant/s: -                           

Sri.Vincent Thommana,

S/o George

Aged about 38 Years,

R/at No.103, Aashish Apartment, Whitefield

Inner Circle,

Bengaluru-66.

 

By Inperson

 

V/s

Opposite party/s:-    

 

Sri.Thilaga, Manager

Country Vacations

International Holiday Club,

#102, S & S Chambers,

Next to Kamath Hotel

Bowring Hospital Road, Shivajinagar,

Bengaluru-01.

 

By Adv.Sri.D.Narase Gowda

 

 

 

 

ORDER

 

SMT.PRATHIBHA. R.K., PRESIDENT

 

            This complaint is filed by the Complainant against the Opposite party (herein after called as OP), under section 12 of the Consumer Protection Act, 1986. The Complainant prays to direct the OP to pay a sum of Rs.81,200/- against the cancellation of the membership and for the harassment with interest at 9-10%; to pay cost and to grant such other reliefs deem fit for which the Complainant is entitled to in the interest of justice and equity.

 

2. The brief facts of the complaint is as under:

The Complainant submits that, after having discussion and promises made by OP, he took 5 years plan (Blue card) by paying Rs.81,200/- with 6 day 7 night stay in their hotels and lifetime country club membership. The main reason to take the plan was that he will get a privileged membership card so that he can plan his vacations instantly and book resort. The OP executive has indicated about annual maintenance charges (AMC) of Rs.7,500/- to be paid only if he does not intent to carry forward his vacation balance. The Complainant clearly told him that, if he do not avail his complete vacations in a year, then it is unlikely that, he will use whole of next year plus the balance, so he will not carry forward his vacations and that he need not pay AMC ever for which OP agreed.

 

2a. The Complainant further submits that next day he learnt from some research on internet that, OP basically cheat with these kinds of false promises. Blue card is a regular priority card and they generally have to plan well in advance for any vacations. There are higher priority cards like Gold and Red. It was also indicated that AMC are mandatory and that they will not waive the charges. Hence, the Complainant approached OP on 28.01.15 and highlighted the said issues. But the OP promised that whatever has been discussed earlier still stands true and that it can be written in the welcome letter which he would receive in about a week’s time. He insisted to have them written on company letterhead in a day’s time, on which OP declined to do so.  Further, as he did not use his vacations, he requested to proceed with cancellation, but OP informed to visit his main office for cancellation.   

 

2b. The Complainant further submits that, he visited OP’s main office on 30.01.15 and narrated the whole things which happened. But OP was adamant and told that, they will not process the cancellation; AMC is mandatory; and allotted Blue card cannot be changed. The Complainant indicated about the AIRDA, that has the policy of 10 days cooling off period where a customer has the rights to cancel his policy, if he wishes to do so. However, OP informed that they are not part of AIRDA anymore, so, such policies have no effect. OP indicated that if he has anything, give it in writing, so that they can consider. The Complainant informed that, he has the record, when he met the OP on 28.01.15, for which they refused to listen, knowing the fact that there were false promises given by them. The Complainant informed the OP about legal action, but they showed no concern at all. He mailed to OP’s customer care also, but went in vain. Hence, approached this forum.

 

3. The OP appeared before this forum and filed objection. In the objection, the OP submits that, complaint is not maintainable either in law or on facts. OP categorically denied the entire allegations. The Complainant himself showed interest to become the member to avail holiday vacation and entered in to purchase agreement dtd.24.01.15 by paying Rs.81,200/- and also agreed to pay AMC of Rs.7,500/- p.a. In terms of the purchase agreement, the Complainant is entitled for holiday vacation for 6 night 7 days in a year for a period of 5 years and club membership of life time, subject to the terms & conditions mentioned therein. OP issued the laminated club membership card to the Complainant.

 

3a. The OP further submits that, as a matter of fact, the Complainant is entitled for holiday vacation on all the seasons and entitled to access the website and he can also book the holiday vacation as and when upon their requirement. In terms of the agreement clauses, there is no provision for cancellation of the club membership. However, the Complainant is at liberty to sell or transfer or gift the same to the third party. OP has performed its contractual obligation and they are providing best services in their field without any blemish and even in the complaint there is no iota of evidence. It can be presumed that the Complainant is not an illiterate person and after enjoying the benefits and services of the club membership is trying to get the reimbursement for the expense incurred by him by filing this complaint. OP is always ready to provide the package to the Complainant, but there should be 30 days in advance booking to be made to make necessary arrangement. Further the club membership is for life time and it is transferable to their family members. Hence, there is no deficiency in service or unfair trade practice adopted by OP. Hence, prays this forum to dismiss the complaint.

 

4. In the course of enquiry into the complaint, the Complainant and the OP has filed their affidavit reproducing what they have stated in their respective complaint and objection. The Complainant has filed written arguments. Both parties have produced documents which were marked. We have heard the arguments and we have gone through the oral and documentary evidence scrupulously and posted the case for order.  

 

5. Based on the above materials, the following points arise for our consideration;  

 

 

1. Whether the Complainant has proved that there is deficiency in service on the part of the OP, if so, whether he entitled for the relief sought for ?

 

2.  What order?

 

6. Our findings on the above points are as under:

Point No.1:  In the negative

Point No.2:  As per the order below

 

REASONS

 

7. Point No.1: On perusal of the pleadings, objection, evidence and documents of both the parties, it is an admitted fact that, the Complainant had obtained “Country Vacations International Holiday Club Membership” by paying Rs.81,200/- on 24.01.15. The contention of the Complainant is that, OP assured to get privileged membership card and AMC of Rs.7,500/- need to be paid only if the vacation balance is carry forward. Further the Complainant submitted that, at the time of taking the membership, the OP made false promises that Blue card is the privileged membership card and he need not wait for any vacations during peak season. After some days, the Complainant came to know that, higher priority card is Gold and Red. Blue card is regular priority card and they have to plan well in advance for any vacations and AMC charges are mandatory. Hence, the Complainant seeking for cancellation of the membership and for refund of the paid amount.   

 

8. On perusal of the agreement/Ex-A1 & B1, it is seen that, the Complainant and OP duly entered into Purchase agreement with respect to Country Vacations International Holiday Club Membership dtd.24.01.15 for Rs.81,200/-, number of years is “05” and season “Blue” premium. Further on perusal of Ex-B2/Confirmation by member, it is evident that, the Complainant had agreed for AMC of Rs.7,500/- per year and the tenure of vacation membership is 5 years and club membership is life time. The same has been agreed by the Complainant and OP. Once, the Complainant had agreed the terms & conditions and paid the amount, the Complainant is estopped from taking the contention against the OP that the AMC charges are not payable if the vacation balance is carry forward.

 

9. After having accepted the agreement, after perusing all the details and before being a party to the agreement and fully knowing well the terms of the agreement, the Complainant cannot turn behind that the OP has given false assurances. Hence, on the above discussion made heither to, there is no deficiency in service on the part of OP. Accordingly, we answered the point no.1 in the negative.

 

10. Point no.3: In the result, for the foregoing reasons, we proceed to pass the following order.

 

ORDER

 

The complaint filed by the Complainant is hereby dismissed. No costs.

 

          Supply free copy of this order to both parties. 

 

(Dictated to the Stenographer, transcribed and typed by her, corrected and then pronounced by us in the Open Forum on this, the 21^st day of May 2019)

 

 

 

(ROOPA.N.R)     MEMBER

(PRATHIBHA.R.K)  PRESIDENT

 

1. Witness examined on behalf of the complainant/s by way of affidavit:

 

Sri.Vincent Thommana, who being the Complainant was examined. 

 

Copies of Documents produced on behalf of Complainant/s:

 

Ex-A1

Country Vacations International Holiday Club Membership - Purchase agreement dtd.24.01.15

 

1. Witness examined on behalf of the OP/s by way of affidavit:

 

Sri.Girish Kumar, who being the Manager of OP was examined. 

 

 

Copies of Documents produced on behalf of OP/s:

 

Ex-B1	Purchase agreement dtd.24.01.15
Ex-B2	Confirmation letter
Ex-B3	Membership cards
Ex-B4	Member login password
Ex-B5	Gift voucher

 

 

 

(ROOPA.N.R)     MEMBER

(PRATHIBHA.R.K)  PRESIDENT