BEFORE THE BANGALORE URBAN III ADDITIONAL DISTRICT CONSUMER DISPUTE REDRESSAL COMMISSION,

SHANTHINAGAR, BANGALORE–560027.

DATED THIS THE 12^th DAY OF FEBRUARY 2021

CONSUMER COMPLAINT NO.1541/2018

PRESENT:

Sri.K.S.Bilagi, B.com, M.A., LL.M.….  PRESIDENT

Smt.L.Mamatha, B.A., (Law), LL.B.….     MEMBER

Sri. M.B. Seena, B.A., (Law), LL.B.….       MEMBER

COMPLAINANT:

1. Sri.R.Kaushik,

S/o S.G.Ramakrishna,

Aged about 29 Years,

Residing at No.45, 13^th Main,

Nagarbhavi 2^nd Stage,

 (Rep. by Sri.MRP Legalis, Advocate)

V/s

OPPOSITE PARTIES

1. M/s Country Club Hospitality & Holidays Limited,

A company incorporated under the provisions

of the Companies Act,

Having its registered office at Amrutha Castle,

5-9-16, Saifabad,

Opposite Secretariat,

Represented by its Managing Director.

2. M/s Country Club Hospitality & Holidays Limited,

Country Club,

Kool Building-6-3-1219,

Begumpet,

3. The Country Vacations,

No.4, S.V.Towers, 1^st & 3^rd Floor,

Krishnanagar, Industrial Layout,

Hosur Road,

Behind Christ College,

(OPs No.1 to 3 are represented by Sri.D.Narase Gowda, Adv)

Written by SMT.L.MAMATHA, MEMBER

******

//ORDER//

1. This complaint has been filed under Section 12 of the Consumer Protection Act 1986 to direct the Opposite Parties to refund Rs.1,60,000/- along with 24% interest p.a. Rs.1,00,000/- compensation, Rs.20,000/- for deficiency of service and Rs.20,000/- for legal expenses.

2. The case of the Complainant in brief is as under:-

On 01.11.2017 Complainant and Opposite Parties entered into a sale agreement in respect of holiday packages and the Complainant paid a sum of Rs.1,60,000/- which was paid by way of credit card No.36088640132604.

3. It is further case of the Complainant that in the sale agreement i.e., clause-34 of the terms and conditions states that there shall be a cool of period of 10 days from the date of signing the sale agreement and a member can discontinue the agreement by paying a nominal administrative charges of Rs.3,800/- to the Company.  The said clause further stipulates that after deducting the amount of Rs.3,800/- the remaining amount will be refunded within 120 days from the date of invoking cool off period.

4. It is the further case of the Complainant that a member shall send a written communication either by registered speed post or an email.  Member has a right to cancel the membership within 10 days from the date of signing the agreement, that a nominal administrative charge of Rs.3,800/- would be payable by the member to the Company, after deduction of administrative charges, balance amount would be refunded to the Complainant within 120 days.  The Complainant sent an email on 04.11.2017 seeking cancellation of membership i.e., within three days from the date of the agreement and the same was also received by Opposite Parties on 08.11.2017.  On 06.11.2017 Complainant sent a letter which was duly received by Opposite Parties.  Even after receipt of email and letter, Opposite Parties failed to refund the amount.  On 21.07.2018 Complainant got issued a legal notice to Opposite Parties.  Even after receipt of legal notice, the Opposite Parties failed to refund Rs.1,60,000/-.  Hence, Opposite Parties have caused for deficiency of service and mental harassment.  Hence this complaint.

5. After receipt of notice, the Opposite Party No.1 to 3 appeared and filed version.  In the version, Opposite Parties admit that the Complainant entered into sale agreement dt.01.11.2017 for having paid Rs.1,60,000/- towards the holiday vacations.  The Opposite Parties upon receipt of the above said amount has issued the permanent Club Membership Cards to the Complainant and the same was duly acknowledged by the Complainant. The Opposite Parties admit the terms and conditions of sale agreement. The allegations of the Complainant is false and baseless, amounts to cheating and breach of trust.  There is no deficiency of service on the part of the Opposite Parties.  As per terms and conditions of sale agreement, the Complainant is supposed to approach National Commission at New Delhi only.  Hence, the Opposite Parties request this Commission to dismiss the complaint with exemplary cost.
6. The Complainant files affidavit evidence and relies on the documents.  Affidavit evidence of official of Opposite Parties has been filed. Heard the arguments of both side and perused the records.
7. The points that arise for our consideration are:-

1. Whether the complainant proves that there was deficiency of service on the part of the opposite parties ?
2. Whether the Complainant is entitle to the reliefs claimed in the complaint ?
3. What order?

8. Our findings on the above points are:-

1. Point No.1       :- In the Affirmative
2. Point No.2       :- Affirmative in part
3. Point No.3       :- As per final order

for the following;

:REASONS:

9. POINT NO.1 & 2:- Evethough, the Opposite Parties raise an issue with regard to Jurisdiction of this Commission contending that as per the sale agreement, the Courts at Hyderabad alone will have Jurisdiction to entertain this complaint.  It is true that the Opposite Party No.1 & No.2 have been established in Hyderabad City.  Whereas Opposite Party No.3 office is at Koramangala Bengaluru and Complainant is the resident of Bengaluru and the sale agreement is signed at Bengaluru by the Complainant and the Opposite Party No.3.  Eventhough, there is a clause about Jurisdiction of Hyderabad alone, but when the agreement is at Bengaluru between Complainant and Opposite Party No.3, payment of Rs.1,60,000/- is made at Bengaluru  and Sec.3 of Consumer Protection Act, 1986, one of the clause of the sale agreement does not create the bar in entertaining this complaint. 
10. It is admitted fact that the Complainant executed the agreement by paying Rs.1,60,000/- on 01.11.2017 to the Opposite Parties.   The clause No.34 of the sale agreement is most relevant which reads thus;

“There shall be a cool off period of 10 days from the date of signing this agreement wherein member can discontinue the agreement by paying a nominal administration charges of Rs.3,800/- to the Company.  After deduction of the aforesaid amount (Rs.3,800/-) remaining amount would be refunded to the member within 120 days from the date of invoking of cool off period.  For invoking the cooling off period the member shall send a written communication to the Country Club, Central Customer Care, 4^th Floor, Asian Building, Begumpet, Hyderabad-500016 through registered speed post or an email to

11. The above clause clearly indicates that the cooling period of 10 days from the date of signing this agreement and member can discontinue the agreement by paying a nominal administration charges of Rs.3,800/- Opposite Parties shall pay the balance within 120 days from the date of invoking of cool off period.  The receipt annexed to the agreement indicates payment of Rs.1,60,000/- on 01.11.2017.  This fact is also proved from the mail communication.  By email dt.04.11.2017 and letter dt.06.11.2017 Complainant called upon the Opposite Parties to cancel his agreement and refund the amount as earlier as possible.    Whereas Opposite Parties agreed to resolve the issues.   Eventhough, after receipt of legal notice dt.21.07.2018 Opposite Parties, neither replied nor refunded the amount.  It means Opposite Parties were liable to refund Rs.1,56,200/- out of Rs.1,60,000/- after deducting Rs.3,800/- to the Complainant.  The Complainant claims 24% future interest p.a.  In the year 2017 the rate of interest of F.D was lessthan 8%.  Therefore, the Complainant is entitle to at the most 8% interest from 03.03.2018. The Complainant claims Rs.1,00,000/- towards mental agony and Rs.20,000/- for deficiency of service and Rs.20,000/- for legal expenses.  It is pertinent to note that the Complainant has not whispered how much fees he has paid and admittedly no fees paid on the Complaint as claim is lessthan Rs.5,00,000/- on the date of Complaint.  It is summary proceedings.  Under such circumstances, the cost of litigation is considered as only Rs.5,000/-.  When we are awarding interest at 8% from 12.03.2018 i.e., after expiry of 10 days cooling period and 120 days for deficiency of service till the payment of Rs.1,56,200/-, the Complainant is entitle for compensation of Rs.10,000/- only for mental agony in addition to interest.

12. POINT No.3:- In view of the discussion made in the preceding paragraphs, we are of the opinion that the complaint requires to be allowed for Rs.1,56,200/- towards refund with interest @ 8% p.a., compensation of Rs.10,000/- and cost of litigation Rs.5,000/- only.    We proceed to pass the following final order;
13.  

The complaint is allowed.

The Opposite Parties are hereby directed to refund Rs.1,56,200/- (Rupees One Lakh Fifty Six Thousand Two Hundred only) with interest at 8% p.a. from 12.03.2018 till realization and Rs.10,000/- towards compensation.

The Opposite Parties are also directed to pay Rs.5,000/-(Rupees Five Thousand only) towards cost of litigation.

The Opposite Parties are directed to comply this order within 30 days from this date.                      

Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the Complainant.

 (Dictated to the Steno, typed by her, transcript corrected, revised and then pronounced by the open Forum on 12^th day of FEBRUARY 2021)

    (L.Mamatha)              (M.B.Seena)                  (K.S.Bilagi)

       MEMBER                  MEMBER                    PRESIDENT

//ANNEXURE//

Witness examined for the complainant side:

Ms.R.Kaushik, who being the Complainant has filed his affidavit.

List of documents filed by the complainant:

1. Copy of the Sale Agreement dt.01.11.2017 issued by Opposite Party.
2. Copy of the email communications between Complainant and Opposite Party.
3. The duplicate credit card statement of Complainant.
4. Copy of the letter dt.06.11.2017 sent by the Complainant by speed post to the Opposite Party.
5. Legal Notice dt.21.07.2018.
6. Postal receipts.
7. Postal acknowledgements.

Witness examined on behalf of the Opposite Party:

Sri.Mohammed Akmal Pasha, Manager of the Opposite Party-Company has filed his affidavit.

List of documents filed by the Opposite party:

-Nil-

(L.Mamatha)                    (M.B.Seena)                 (K.S.Bilagi)

  MEMBER                         MEMBER                  PRESIDENT