BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 21^st DAY OF OCTOBER 2021

Complainant/s: -                           

Sri V.Srinivasan, aged about 50 years, R/at No.9, 2^nd Cross, 2^nd Main, Kashinagar, Yelachanahalli, Bengaluru-560111.

By Sri K.S.Sreekantha, Adv.

V/s

Opposite party/s:-    

M/s Country Club Hospitality and Holdings Ltd.,(CCHHL), having its registered office at Amrutha Castle, No.5-9-16, Saifabad, Opp. To Secretariat, Hyderabad-560063 Rep. by its Line Manager, Sri Raghavendra.B.

By Sri.D.Narasegowda, Adv.

ORDER

SMT. P.K.SHANTHA, MEMBER

The Complainants have filed this complaint U/s.35 of Consumer Protection Act 2019, seeking direction against the Opposite Party (herein after called as OP) to refund Rs.49,000/- towards membership fee, registration and towards maintenance charges with interest at 18% p.a., to pay compensation of Rs.50,000/- towards mental agony, to pay Rs.20,000/- + 1,90,000/- as reimbursement of expenses incurred by complainant towards telephone charges etc., and to pass such other reliefs.     

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

The complainant submits that OP is running the registered company under the name and style of M/s Country Club Hospitality and Holidays Ltd., (CCHHL) and doing the business of package holiday trip and other tours and travels.  Further complainant submits that Op approached him through authorized person/officials telephonically and offered him to visit their place and collect the gift voucher meant only for couples.  Thereafter he visited OP office, the OP authorized person started explaining about holiday package worth about Rs.75,000/- to 99,000/- with free club membership etc., The complainant  further submits that one authorized person of OP tried to convince him and brought his higher officials/manager to reduce the package tour price to Rs.49,000/- stated that membership to the club apply to 3 persons/entire family of the complainant and the period of tour had been reduced from 15 days to 5 days. Further complainant submits that as per the offers of the membership, he is entitled to holiday in India or abroad for a duration of 2 nights and 3 days per year for the entire family for a period of 5 years. 

Further complainant submits that he has paid the booking amount of Rs.49,000/- to OP.  After acceptance of the said amount, the Op again directed him to produce certain documents i.e. ID proof, address proof, members details and their respective documents i.e. Aadhar card, PAN card etc., and OP will allot the membership number and membership card to the complainant. The OP sent an E-mail on 23.08.2018 acknowledging a payment of Rs.9,000/- for which complainant was baffled by this, because the actual payment done was Rs.49,000/- and OP was demanding an additional amount of Rs.9,999/- every year irrespective of usage.  The complainant replied by an E-mail dated 24.08.2018 to stop proceeding his application till his further confirmation and also the complainant raised a specific question regarding the confirmation of payment and regarding assurance given by the sale team/authorized representatives.  But no reply has been given either to the raised question or regarding assurances. 

Further complainant submits that on these grounds the complainant sent a detailed e-mail on 02.09.2018 expressing his clear intention to withdraw the said booking and also in the said letter he clearly expressed that he is not interested to proceed in the said matter and in the letter itself he demanded to refund the entire amount of Rs.49,000/- and sent another reminder on 11.09.2018. Further complainant sent several reminders to OP, but the OP has failed to respond or take any responsible action.  Hence, complainant got issued legal notice to Op on 02.11.2019 calling upon them to pay a sum of Rs.49,000- along with interest and compensation for which OP failed to reply or comply.  Hence, this complaint.   

3. OP did appear and filed version denying the allegations made against it. OP in its version submits that the complaint filed by complainant is not maintainable either in law of facts, there is no cause of action, complaint is vague, bald and devoid of merits, hence, liable to be dismissed on this grounds.  Further OP submits that entire averments made by complainant is categorically and specifically denied as false and incorrect, except which are admitted by the OP.  It is further submits that OP is a company incorporated under the Companies Act, 1956 and is carrying on the hospitality business and has association with established several clubs and resorts across the country and abroad and is providing good service to its members.  Further submits that OP company, Country Club India Ltd., has been changed w.e.f. 27.11.2014 from Country Club Ltd., to Country Club Hospitality and Holidays Ltd.,. 

Further OP submits that complainant requested OP to do all the necessary documentation work required for admitting them as the members of the Country Club Hospitality and Holidays Limited.  Upon the said request, the Op explained to the complainant regarding the different holiday packages offered by OP and further gave the copy of purchase agreement for Country Club Hospitality and Holidays Limited (hereinafter referred to as the purchase agreement).  The next day i.e. 24.08.2018, the complainant came back to the office of OP and told that they have thoroughly read and understood all the terms and conditions of the purchase agreement and were interested to become the member of Country Club Hospitality and Holidays Limited through OP and the complainants opted for the package called Millionaire Classic Membership costing Rs.49,000/- towards holiday vacations membership. Further OP submits that complainant entered into purchase agreement dated 24.08.2018 and in terms of agreement, OP has received a sum of Rs.49,000/- towards the holiday vacations. Further OP submits that upon receipt of the said amount, has issued the permanent laminated club membership card to the complainant and the same was duly acknowledged by the complainant.  That apart the complainant was provided to access the website through online by giving ID and password and also complimentary Spa coupons and one day privilege pass holiday gift voucher was given to complainant. 

Further OP submits that the main benefits for club membership and a holiday/vacation package is 2 nights and 3 days holiday vacations in a year for a period of 5 years and club membership for life time subject to the terms and conditions mentioned in the purchase agreement are totally denied as false.  Further OP is always ready and willing to provide the package to the complainant but there should be 30 days in advance booking to be made to make necessary arrangements.  Further the club membership is for life time and it is transferrable to their family members of the complainant that in regard to providing of accommodation of holiday vacations, the complainant has not made any booking for availing holiday package at any point of time and in this regard peace of document has not been produced.  

It is submitted that even otherwise as there is online option provided to the complainant he or she has got liberty to access the OP website and avail the holiday vacation.  But the complainant without availing the said facility has filed the above false frivolous complaint on imaginary and nothing else. Further OP submits that the complainant entered into purchase agreement on 24.08.2018 with OP and there is no provision for cancellation of the club membership in the said agreement.  

Further OP submits that it is crystal clear from the complaint averments that there is no deficiency of service on their part.  In terms of the agreement conditions clause, the membership fees is not a refundable deposit and not an investment, under any circumstances, no provision for cancellation of the club membership. It is crystal clear from the complaint averments that there is no averments on the part of OP.  However, the complainants are at liberty to sell or transfer or gift the club membership to any third party. In spite of that the complainants for the reasons best known to them have filed the above false and frivolous complaint.    Hence on these grounds and other grounds OP pray for dismissal of the complaint with exemplary cost.

4. To substantiate the case, Complainant has filed his affidavit evidence and produced the documents which are marked as Ex.A.1 to Ex.A.5. OP has also filed affidavit evidence.  Heard the counsels for both sides.

6. The points that arise for our consideration are:

1. Whether the Complainant proves the deficiency of service on the part of OP, if so, entitled for the relief sought for?
2. What order?

        7. Our answers to the above points are as under:

Point No.1:- Partly in the affirmative

Point No.2:- As per final order

REASONS

8. Point No.1: We have briefly stated the contents of the complaint as well as the version filed by OP.  It is not in dispute that OP by way of filing version admitted in respect of payment of an amount of Rs.49,000/- paid by the complainant.  On going through the entire version which is in the form of denial in nature in respect of the reliefs that is sought for by the complainant.  Though the complainant has paid the amount of Rs.49,000/- as membership fee, neither the OP nor its representative responded to the complainant.  In this context, he has made several E-mail correspondences which can be seen on going through Ex.A.2(a) to Ex.A.2(c).  The consumer complaints are decided in the summary trial.  Strict proof of the contents of Ex.A.2(a) to Ex.A.2(c)  are not necessary since the OP admitted in respect of payment of Rs.49,000/-.  If the entire text of the complaint is taken into consideration, the OP has offered the complainants to become a member of its Club.  Believing the words of the OP’s representative, he made an amount of Rs.49,000/-.  Though received amount, OP did not give confirmation for club membership etc., for which complainant send several E-mails to OP requesting for refund of money. Thereafter, OP did not cancel the membership nor returned the membership fee and annual maintenance charges.  Hence, complainants becomes disgust having no other go he sought for refund of the amount so far paid by them for which there is no response.

9. In this context, we place reliance on the decision of the Hon'ble National Commission reported in 2019(1) CPR 647 (NC) in the case of Chief in Charge of M/s.Country Vacations and Anr. vs. Jayanti Mukherjee, wherein it is held that “no amount can be retained by the service provider without offering any service.”  In the light of the decision cited supra, we come to the conclusion that, the OP has not given proper service.  Hence, we are of the opinion that, OP is liable to refund the amount of Rs.49,000/- to the Complainant with interest at the rate of 8% p.a. from the date of payment till realization with Litigation cost is fixed to Rs.5,000/-. Accordingly we answered point No.1 partly in the affirmative.

  10. Point No.2: In the result, we passed the following:                        

  O R D E R

1. The complaint filed by the Complainant is allowed in part.

2. The OP is directed to pay Rs.49,000/- (Rupees fourty nine thousand only) with interest at the rate of 8% p.a. from the date of payment till realization to the Complainant along with litigation cost of Rs.5,000/- (Rupees five thousand only) within six weeks from the date of receipt of this order. 

3. Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Commission on this 21^st October, 2021).

Copies of Documents produced by the Complainant which are marked as Ex.A.1 to Ex.A.5: