SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

This is an application u/s.12 of the C.P. Act, 1986.

            Succinctly put, Complainants’ case is that they purchased Country Vacations Membership on 15.04.2016 being Membership No.CVKK1CLUB30LW219013. Complainants paid Rs.2,89,000/- to the OP-1 and forced to sign the agreement dated 15.04.2016. Complainants have alleged that there were several deviations between the verbal promise and the clause of the agreement dated 15.04.2016. The clauses of agreement were found in favour of Country Vacations and being dissatisfied the complainants sent e-mail to the OPs requesting to cancel their membershipand to refund the moneybut such request was unattended. Finding no other alternative, the complainants were forced to decide to avail services but despite of several attempts they could not get any opportunity to avail a single service including Spa and Jacuzzi facilities. The OPs have failed to fulfill their services as promisedin terms of the agreement. The complainants have alleged gross deficiency in services and unfair trade practice on the part of the OPs. Hence, the complaint.

            The OPs have contested the case by filing Written Version contending inter-alia that the instant complaint petition is vindictive, motivated,harassive and misconceived one. The OPs have denied the allegations made out in the complaint petition. The specific case of the OPs is that the complainants are not the consumer in terms of Section 2(d) of the C.P.Act, 1986. The O.Ps. have also denied that the agreement dated 15.04.2016 is one sided, there is no deficiency in service and unfair trade practice on the part of the OPs. The OPs have prayed for dismissal of the complaint with costs.

            In the light of the above pleadings, the following points necessarily came up for determination :

1. Are the Complainants’ consumer under section 2(1) (d) (ii) of the C.P.Act,1986?
2. Have the OPs deficient in rendering services to the Complainants ?
3. Have the OPs indulged in unfair trade practice?
4. Are the Complainants entitled to get the relief as prayed for?

DECISION  WITH  REASONS

Point No.1 :

            This point has not been pressed at the time of hearing of argument. We have perused the pleadings of the parties including the evidence as well as documents on record. On perusal of the agreement dated 15.04.2016 we find that the complainants purchased Country Vacations Membership bearing No. CVKK1CLUB30LW219013against payment of Rs.2,89,000/- and the said agreement is in force for 30 years which includes flight tickets, available of quality ratings hotels owned by the OP-1, Spa  and Jacuzzi facilities. Therefore, we hold that complainants are consumer under section 2(1) (d) (ii) of the C.P.Act, 1986 and also availed / hired services from the OP-1 upon payment of money. Thus, this point answered in the affirmative.

Points No. 2 to 4

            All the three points are taken up together for the sake of convenience and brevity in discussion.

            Both parties have tendered evidence through affidavit. They have also given reply against the questionnaire set forth by their adversaries. Both parties have also filed Brief Notes of Argument. We have perused the evidence as well as documents on record.

            It remains undisputed that the Complainants purchased Country Vacations Membership from the O.P.-1 on payment of Rs. 2,89,000/- and an agreement was executed on 15.04.2016 between the OP-1 and the complainants. In terms of the said agreement complainants are entitled to get the following benefits : -

VACATION BENEFITS

1. A stay for a period of every  year for  upto  6 Nights and 7 Days each year at CCHHL properties within India for the next  (a) 5 (b) 10 (c) 30 years from the date of this agreement,
2. The short term accommodation shall be provided in regular and superior rooms. Accommodation in regular properties may be upgraded  to premium properties, subject to availability,
3. All short term accommodation stay includes studio room only (without kitchen) for the selected time for Second party, spouse and 2 children below 12 years age. Extra bed would be at the rate of Rs.500/- in CCHHLowned properties and as applicable in associated properties. Dependant vacationers above `18 are considered adults. Maximum 3 adults can be accommodated in one studio room. Extra room will need to be taken at an additional cost if there are more than 3 adults. Room allocation depends on eligibility and subject to availability. The prices may be revised from time.  A maximum of 4 nights can be used for an associated property,
4. Vacation entitlement also covers CCHHIL’s affiliated / associated properties  which are on short/ long  term lease / tie-ups. As of 2015 first party has over 59 vacation properties (own and associated) at Agra, Ahmedabad, Bangalore,  (4) Bangkok, Bandipur, Chennai, Chennai-Mahabalipuram Rd, Cochin,  Coembatore, Corbett, Dharmashala, Dubai (Limited),Fujairah (Limited), Goa (3) Gurgaon, Hyderabad (4), Jaipur (2), Kasauli, Kovalam, Kodaikanal, Lonavia, Mahabaleshwar, Manali, Mathura, Munnar, Mussoorie, Mysore, Philippines (7), Puri, Shimla, Surat, Thekkedy, Tirupati, Udaipur, Umm Al Quwain (Limited) Kuala lumpur, Khana, Shiridi, Mandarmani.
5. As a special offer 10 yearsrenewable vacations are eligible for additional vouchers towards accommodation for 6 nights and 7 days at CCHHL’saffiliated propertyin Bangkok. 30 years renewable vacations are eligible for additional vouchers towards accommodation for 2 nights and 3 days Holidays at Country Club Hotel, Dubai and 6 nights and 7 days atCCHHL’saffiliated property in Bangkok. These offers are valid for a period of one year from the date of registration of the Agreement. As this is an additional vacation, Exchange charges and Booking charges are as applicable.
6. SHORT TERM ACCOMMODATION VACATION – Floating Week Opted.

(I) Blue (Standard Priority– Standard Pricing), (II) White (Medium Priority – Medium Pricing) 25 percent (approx) premium extra or (III) Red (High Priority – High Pricing) 50 percent (approx) premium extra.

The complainants alleged that despite of several attempts they could not get any opportunity to avail a single service including Spa and Jacuzzi facilities. The OPs have failed to produce any scrap of paper to establish that the complainants availed the benefits as mentioned in the agreement dated 15.04.2016. On perusal of the agreement we find that there is a clause that the membership fee is non-refundable under any circumstances and that the membership fee is not refundable deposit. The agreement is completely one sided favouring the OP-1. The cash back offer of two free flight vouchers of OP-1 was not applicable in the available list of 90 flights. As such, the complainants could not avail the said facilities. The offered flight tickets were nothing but deceptive and fraudulent practice. All the promised and / or agreed services found a paper promised. Even the OP-1 failed to furnish details of the quality ratings hotels owned by them to the complaints. Rather the customer care representatives of OP-1 claiming utility charges without resolving the grievances of the complainants.

In the light of the above discussion, we are of the opinion that the OPs are deficient in providing services to the complainants and there is indulged in unfair trade practice on the part of the OPs. We find that the OPs gave exaggerated imagine of National and International holidays, vacations with their properties but in the reality they never provided such services to the complainants. Accordingly, three points under determination answered in the affirmative.

In result, the case succeeds in part.

Hence,

Ordered

That the complaint case be and the same is allowed on contest in part against the OPs with litigation cost of Rs. 5,000/- (Rupees five thousand) only.

OPs are jointly or severally directed to refund Rs.2,89,000/- (Rupees two lacks eighty nine thousand ) only with litigation cost to the complainants within 45 days from the date of this order.

OPs are also jointly and severally directed to pay compensation of Rs.50,000/- (Rupees fifty thousand) only to the complainants for causing mental agony and harassment within the stipulated period.

OPs are also directed to deposit Rs.25,000/- (Rupees twenty five thousand) only to this Forum as Punitive damage for practicing unfair trade within the stipulated period.

Liberty be given to the complainants to put the order into execution, if the OPs transgress to comply the order