BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

    09^th DAY OF OCTOBER 2019

Complainant/s: -                           

1. Sri.Seth B. Prahallad

S/o Late Sri.Seth Bajanlal

Aged about 65 years

2. Smt.P.Neetha

W/o Sri.Seth B. Prahallad

Major

Both R/at No.45/1,

15^th Cross, 3^rd Main,

Margosa Road,

Malleshwaram,

Bengaluru-03.

By Advocates

M/s.I.M.Devaiah and Associates

V/s

Opposite party/s:-    

1. M/s.Country Vacations

No.48, S & S Corner,

1^st and 2^nd Floor, Bowring Hospital Road, Next to

Kamal Hotel, Shivajinagar, Bengaluru-01.

Rep. by its Customer Care Manager

2. M/s.Country Vacations Opp:Modi Hospital,

Rajajinagar,

Bengaluru-10.

Rep. by its Customer Care Manager

By Adv.Sri.D.NaraseGowda

ORDER

SRI. S.L PATIL, PRESIDENT

The Complainant no.1 & 2 (hereinafter called as Complainants) have filed this complaint U/s.12 of Consumer Protection Act 1986, seeking direction against the Opposite Party no.1 & 2 (herein after called as OPs) to cancel their membership by taking back the colour TV and return the entire membership paid amount of Rs.1,20,000/- with interest at 24% p.a.; to pay compensation of Rs.2 lakh plus legal notice charges; in total to pay a sum of Rs.3,23,000/- and to award such other reliefs.

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

The Complainants submit that, based on the OPs representation, they forced to avail the Country Vacations International Holiday Club Membership vide Purchase Agreement dtd.02.02.12 by paying Rs.1,20,000/-. As per their representation, they agreed for the following: will give LCD Sony TV; procured the premises in Vyalikaval for the beneficial of the residents; will provide HDFC life insurance along with mediclaim facilities; will provide membership cards covering six family members.  But, after persistent demands only, OPs had given the said TV. They have not procured any premises in around Vyalikaval. Not yet given the said insurance policy. Membership cards provided only for two family members. The Complainants further submit that, before becoming the member, OPs assured that, the members who have not utilized any of its service and who have not taken vacation tour, not required to pay annual maintenance charges. But later, OPs intimated that the services utilized or not, should pay the annual maintenance charges. Further assured that, if the members who have not opted for the vacation tour, they can rent out the same to other members, to which they will give benefits after deducting service expenses. When the Complainants enquired with the OPs to rent out their vacation tour, was intimated to pay Rs.10,500/- to avail such benefits. Being aggrieved by the false promises, written letters to OPs, but they have not given the reply. Thereafter, lodged police complaint on 17.10.12. In the meanwhile, OPs official written letters to the Complainants again making said false promises. Finally, they sent legal notice dtd.26.12.12, to which OPs replied untenably on 25.02.13. Hence this complaint.

3. After issuance of notice, OPs did appear and filed version.  The sum and substance of the version is that, the Complainants paid Rs.1,20,000/- under various installments towards the club membership and has taken the laminated membership cards. OPs have given the LCD TV as complementary offer. OPs requested to furnish birth certificate and family particulars in order to send the insurance policy, but they have not furnished the same. OPs are always ready and willing to provide the insurance policy after procuring personal details of the Complainants. The Complainants are entitled for holiday vacation for 6 nights 7 days every year for a period of 5 years and also entitled for life time country club membership for themselves and their family of four members. OPs never assured that, the members who will not utilized the services of OPs, not required to pay the annual maintenance charges. Further never assured that, the members who will not opt for vacation tour, they can rent out the same to some other members, to which they get the benefits. The Complainants after enjoying the benefits and services of the OPs, filed this false complaint to avoid to pay annual maintenance charges. In terms of the said agreement, clause 9, 10 & 13 there is no provision for cancellation of the club membership. However, they are at liberty to sell/transfer/gift the membership to any third party. Submitting the said facts, states that, there is no deficiency of service on the part of OPs. Hence, prays to dismiss the complaint.   

4. To substantiate the case Complainant no.1 filed affidavit evidence and produced the documents. OPs filed affidavit evidence and produced the documents.  Both filed written arguments. Heard. We have gone through the available materials on record.

5. The points that arise for our consideration are:

1. Whether the Complainants prove the deficiency of service on the part of OPs, if so, entitled for the relief sought for?

2. What order?

        6. Our answer to the above points are as under:

Point No.1:- In the negative

Point No.2:- As per final order

REASONS

7. Point No.1: We have briefly stated the contents of the complaint as well as the version filed by OPs. The undisputed facts which reveal from the pleadings of the parties go to show that, the Complainants entered in to purchase agreement on 02.02.12 with the OPs in respect of “International Holiday Club Membership” by paying Rs.1,20,000/-. The grievance of the Complainants is that, OPs did not act as per the promise given by them at the time of availing the membership. The sole contention taken by the OPs is that, as per the purchase agreement they have fulfilled the promise for which they placed reliance on the Doc.4/Certificate of Insurance produced along with list of documents dtd.26.03.15 which clearly goes to show that, OPs have facilitate the Complainants in respect of availing the insurance policy. The sum assured is Rs.2,50,000/- each. Further it is evident that, OPs have also handed over 32’ LCD Sony TV to the Complainants as per acknowledgement/Doc.3 dtd.15.04.12 as complimentary gift.

8. The available materials on record goes to show that, the Complainants have availed the facilities being the member of the said club and had maintenance due of Rs.20,226/- which can be seen on going through the Doc.5/AMC Fee Due. When the Complainants entered in to said purchase agreement, they are bound by the terms and conditions mentioned therein. Further there is no laxity much less the deficiency of service on the part of OPs. When such being the fact, we do not find any just reasons to allow the complaint. Hence, complaint filed by the Complainants is deserves to be dismissed holding that, there is no any deficiency of service on the part of OPs.  Accordingly we answered point No.1 in the negative.

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

  O R D E R

The complaint filed by the Complainants is dismissed. Looking to the circumstances of the case we direct both parties to bear their own costs.

Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 9^th day of October 2019)

        MEMBER                                             PRESIDENT

Witnesses examined on behalf of the Complainants dated.13.08.13

Sri.Seth B. Prahallad, Complainant no.1

Copies of Documents produced by the Complainants:

Witnesses examined on behalf of the OPs dated.28.08.13

Sri.Girish Kumar, Customer Care Manager    

Copies of Documents produced by OPs

            MEMBER                                           PRESIDENT