STATE CONSUMER DISPUTES REDRESSAL COMMISSION,

                                         U.T., CHANDIGARH 

                                            (Additional Bench)

(1)     Country Club Hospitality and Holidays Limited, Registered Office, Amrutha        Castle, 5-9-16, Saifabad Secretariat, Hyderabad (AP) through its Chairman.

2nd Address:- Country Club Hospitality and Holidays Limited, Corporate Office, Country Club Kool #6-3-1219,4th  Floor, Begumpat, Hyderabad-500016

(2)      The In charge, Country Club Hospitality and Holidays Limited, Big Bazaar,    Paras Down Town, Zirakpur (Pb).

(3)      The In charge, Country Club Hospitality and Holidays Limited, SCO No 43-44, Sector 9, Madhya Marg, Chandigarh.

(4)       The In charge, Country Club Hospitality and Holidays Limited, SCO 9, 2nd Floor, Sector 26, Madhya Marg, Chandigarh

                                                                                                            …Appellants

                                         V e r s u s

Sh Pawan Katyal S/o Late Sh. Krishan Lal Katyal and Ms Veena Katyal w/o         Sh Pawan Katyal, resident of House No 230, sector 46-A, Chandigarh.

                                                                                                     ..Respondent

Appeal under Section 41 of the Consumer Protection Act, 2019 against order dated 01.04.2024 passed by          District Consumer Disputes Redressal Commission-I, U.T. Chandigarh in Consumer Complaint No.440/2022.

BEFORE:       MRS. PADMA PANDEY, PRESIDING MEMBER

                        MR.PREETINDER SINGH,MEMBER

For the appellants:   Sh. Pradeep Sharma,  Advocate  

For the respondent: Sh.Rajinder Kumar Joshi, Advocate          

 PER PADMA PANDEY,PRESIDING MEMBER

                       This appeal is directed against the order dated 01.04.2024, rendered by the District Consumer Disputes Redressal Commission-I, U.T. Chandigarh (hereinafter to be referred as “the Ld. Lower Commission”), vide which, it allowed the complaint bearing No.CC/440/2022 partly by directing the Opposite Parties  as under ;

1. to refund ₹1,33,500 to the complainants alongwith interest @ 9% per annum from 23.5.2019 when letter Annexure C-9 was sent by the complainant requesting the OPs to cancel the membership and refund the paid amount till onwards and also cancel the Membership of the complainant.
2. to pay an amount of ₹10,000/- to the complainant as compensation for causing mental agony and harassment to him;
3. to pay ₹10,000/- to the complainant as costs of litigation.

This order be complied with by the OPs within 45 days from the date of receipt of its certified copy, failing which, they shall make the payment of the amounts mentioned at Sr.No.(i) & (ii) above, with interest @ 12% per annum from the date of this order, till realization, apart from compliance of direction at Sr.No.(iii) above.

2.      Before the Ld. Lower Commission, it was case of the complainant/respondent that   on 28.6.2017 the complainant availed membership of OP No.1 for a period of five years  on payment of Rs.60,000/-  as membership fees. An  agreement to that effect was also executed on the same day and copy  of the same is annexed as Annexure C-1. The payment of Rs.60,000/-  was acknowledged by the OPs vide mail Annexure C-2 and had also issued blue season card Annexure C-3, showing expiry date of the membership as 28.6.2022. The complainant also paid a sum of Rs.8500/-  being the first year annual maintenance charges, which is clear from the copy of statement of account of complainant  Annexure C-4 showing debit entry. On 21.12.2018,  the complainant received a call from the OPs from Chandigarh office and accordingly he visited the said office where he met  one Mr. Soumen Mandal,  the Venue Manager  who advised the complainant to get the membership  updated for a period of 30 years to get various benefits  and asked the complainant to pay an amount of Rs.65,000/- . The complainant accordingly paid Rs.59,000/- through debit card and  Rs.6000/-  in cash and the said payment was acknowledged by the OPs vide Annexures C-5 and C-6 respectively.  Thereafter, Agreement for Sale  of Membership Annexure C-7 was executed between the parties.  Later on, the complainant received a letter from the OPs enclosing  therewith card No.219, mentioning the expiry date as 25.12.2023 i.e. the period of five years only and also showing  that  the membership is in the name of Veena Katyal and Pawan Katyal  for 5 years  instead of 30 years though the Venue Manager of the OPs had assured that the membership period would be for 30 years  on payment of Rs.65000/-  but surprisingly the  blue card issued was only for five years.  Thereafter, the complainant made several requests  for the booking of free holidays  vacation for Bangkok  with the request to book the same from 8.6.2019  but  the OPs  asked the complainant to deposit 20 dollar per day for per room  as a fee for booking of two rooms at Bangkok  which comes to Rs.15,000/-  in Indian currency. On this, the complainant visited the office of the OPs at Chandigarh many times  from April 2019 onwards  but the concerned Venue officer was not available rather another employee namely Preety Sharma  was there. It  is alleged that the Venue officer Soumen Mondal in fact cheated the complainant through misrepresentation. The complainant requested the OPs vide various letters Annexure C-9 and C-10 to cancel the membership   but nothing was  done by the OPs. Thereafter the complainant sent legal notices Annexure C-11 and C-12  calling upon  them to cancel the membership and refund the paid amount but nothing was done by the OPs. Even after that the complainant continuously approached the OPs with the request to cancel the membership  and refund the amount but with no result. Hence, alleging deficiency in service and unfair trade practice on the part of the Opposite Parties, a consumer complaint was filed before the Ld. Lower Commission.

3.                Pursuant to issuance of notice, the  Opposite Parties  appeared before the Ld. District Commission and contested the complaint.  It was admitted that   vide Agreement Annexure C-1  the complainant initially opted for 5 years blue season membership  and paid an amount for Rs.65,000/-  and later on he got the said membership upgraded to 30 years under the same blue season category by paying another amount of Rs.65,000/- and accordingly  vacation smart cards were issued to the complainant. It is alleged that the complainant could have utilized the vacations immediately on full payment of the product and other dues even before receiving the card and welcome kit by visiting/availing the services through website of OP No.1. It was pleaded that   the complaint of the complainant was based on wrong apprehension and presumption. As per  clause 4 of the sale agreement dated 25.12.2018,  there are three options/plans of membership i.e. blue, white and red.   As per clause 5,    the  terms of the holidays are Silver for 5 years, Gold for 10 year and Platinum for 30 years which was opted by the complainant. Even as per clause 20 of the agreement Annexure C-7, USD 20$  per night for blue and white season membership are charged and it is free for red season members.  It was further pleaded that for availing any vacation as per Clause No.16 of the Agreement, the membership card was not absolutely necessary but only user id and password was sufficient to  put on the given website. Membership card is issued only for the purpose of identity proof of the complainant which was as good as any other Id proof like Aadhar Card, driving licence etc. . Certain preliminary objections regarding maintainability of the complaint were raised and denying other allegations, a prayer was made for dismissal of the complaint.

 4.                   On appraisal of the pleadings, and the evidence adduced on record, Ld. Lower Commission partly allowed the Complaint of the Respondent/ Complainant, as noticed in the opening para of this order.   

5.              Aggrieved against the aforesaid order passed by the Ld. Lower Commission, the instant Appeal has been filed by the Appellants/Opposite Parties.

6.                        We have heard Learned Counsel for the parties  and have gone through the evidence and record of the case with utmost care and circumspection.

7.                 It is an admitted fact that initially the respondent took 5 years membership of the appellants by paying Rs.60,000/- as membership fee and in this regard Vacations Agreement (C-1) was executed between the parties on 28.06.2017. Blue Season Card (C-3) was issued to the respondent showing expiry date of membership as 28.06.2022. It is also admitted that the respondent opted for upgradation of membership for 30 years by paying Rs.65000/- and in this regard fresh Agreement for Sale of Membership (C-7) was executed between the parties for a period of 30 years. However, in  the card No.219 issued by the appellants, expiry date of membership was mentioned as five years instead of 30 years. It is also an admitted fact that the respondent wanted to book free holidays package for Bangkok and requested to book from 8.6.2019 but the appellants asked to deposit Dollar 20 per day per room as a fee for booking of the two rooms at Bangkok which was around Rs.15000/-.   As regards Blue Season Card wherein expiry date was mentioned as 25.12.2023, it is contended on behalf of the appellants that the said membership card was sent to the respondent on 22.7.2017 alongwith Welcome letter dated 22.8.2017(C-2) whereas upgraded membership for 30 years was taken by the respondent vide fresh Agreement dated 25.12.2018 (C-7).  He further contended that even otherwise there was no requirement of fresh membership card which was only an identity proof. In support of his contention, he referred to Clause No.16 of the agreement, wherein it is recited that the second party (respondent) can utilize the vacations immediately on full payment of product and other dues even before receiving the card and welcome kit.  As regards booking of free international trip to Bangkok, it is contended on behalf of the appellants that the respondent was rightly asked to pay the charges as per Clause  20 of the Agreement wherein it is recited that “International Associate Property will be charged USD20 per night for Blue and White Season membership and is free for red season members.” Since the plan opted by the respondent was ‘Blue’ and not ‘Red’ , as such international booking charges of 20US$ per night were applicable.

8.                  The Learned Counsel for the appellants vehemently contended that as per Sale agreement the charges paid by the respondent for obtaining membership are not refundable under any circumstances. In support of his contention, he also referred to a case titled as Dinakar Rao Vs Green Fields (India) Pvt. Ltd. & Ors. 2011(2) CPJ 28 wherein the Hon’ble National Consumer Disputes Redressal Commission observed  that  as Purchase agreement signed by the petitioner specifically provides that membership fee is not refundable, as such, there was no fault with the impugned orders of the Fora below in not allowing refund of membership fee.  Even otherwise, it is not the case of the respondent that he was denied booking of any vacation. There is also nothing on record to prove that the respondent ever booked any vacation as per agreed procedure mentioned in the agreement. It was also not the case of the respondent that as per Clause 20 of the agreement he was ready to pay USD 20 per night  as he opted for Blue season membership and the said charges were payable as per the agreement.  It is not disputed that the Agreement to Sale (C-7) was not signed/executed  by the parties. The only grouse of the respondent is that the membership Card valid for 30 years was not issued and despite repeated visits and emails, no satisfactory response was received from the appellants and he  suffered harassment and mental agony when his repeated visits and emails did not get any response.

9.               In view of the above discussion, we are of the considered view that the membership charges are not refundable as per the Agreement for Sale (C-7).The impugned order of the Ld. District Commission ordering refund of membership charges  is set aside.  However, for not providing Membership Card valid for 30 years and not entertaining the respondent by the appellants on his repeated visits and emails, he is allowed compensation of Rs.15,000/- for mental agony and harassment besides  Rs.10,000/- as costs of litigation.  The said amounts be paid within 45 days from the receipt of copy of this order, failing which, the awarded amounts would carry interest @9% p.a. from the date of default, till realization.

10.                For the reasons recorded above, the appeal is partly accepted and the impugned order is modified to the extent as stated in para-9  of this order. 

11.                   Pending interlocutory application(s), if any, also stands disposed of

12.                  Certified copies of this order be sent to the parties free of charge.

13.                 The file be consigned to Record Room, after completion.