Chandigarh

DF-II

CC/236/2019

Virendra Singh Malhan - Complainant(s)

Versus

The Branch Manager, Country Club India Ltd., - Opp.Party(s)

Satbir Singh Walia Adv.

13 Jul 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

Virendra Singh Malhan r/o H.No.34, Mamta Enclave, Dhakoli, Zirakpur, District Mohali.

                                ...  Complainant.

Versus

1. The Branch Manager, Country Club India Ltd., SCO 44-45, 2^nd Floor, Madhya Marg, Sector 9-D, Chandigarh.
2. The Branch Manager, Country Club India Ltd., SCO 44-45, Madhya Marg, Sector 9-D, Chandigarh
3. The Managing Director, Country Club India Ltd., Head Office-6-3-1219, Begumpet, Hyderabad-500016.
4. Country Club India through its Managing Director, 6-3-1291, Begumpet, Hyderabad-500016.

…. Opposite Parties

PER RAJAN DEWAN, PRESIDENT

1.         Briefly stated, the facts of case as alleged by the complainant are that  he is a registered member of the OPs-Club vide membership No.CCDL12V10LB11312 (Blue) as per letter dated 03.10.2012 along with the Membership Purchase Agreement.  He deposited Rs.25,450/- in cash and Rs.44,550/- through debit card against the membership,  valid for 10 years  with the facilities of 6 Nights and 7 days every year plan along with holiday gift voucher. He requested the OPs several times to plan the tour for his family but they failed to do so despite his repeated requests/visits/e-mails/calls on customer care etc.  Finally, he got served a legal notice dated 20.02.2019 upon OPs No.1 to 3 but to no effect. Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint.     
2.         In its written statement, OP No.1 while admitting the factual matrix of the case has stated that the complainant purchased the membership of the OP-Company for Rs.70,000/- on 15.02.2012 and the agreement was executed on 27.02.2012 (Annexure C-2).  It has further been stated that no legal notice has ever been received and the complainant had sent the email (Annexure C-5) on wrong id and the same was created in order to show a cause of action and that too within period of limitation.  It has further been stated that there is no proof of telephonic details as orally alleged to have been made to the OPs. It has further been stated that the complainant has not paid the Annual Maintenance charges of Rs.6500/- as per Clause No.3 of the agreement. It has further been asserted that the membership fee is non-refundable under any circumstances and the membership fee is not a deposit. The remaining allegations have been denied, being false. Pleading that there is no deficiency in service on their part, a prayer for dismissal of the complaint has been made.
3.         The complainant filed rejoinder to the written reply of OP No.1 controverting its stand and reiterating the averments as made in the complaint.
4.         Despite due service through registered post, OPs No.2 to 4 failed to put in appearance and as a result thereof they were ordered to be proceeded against exparte vide order dated 10.06.2019.
5.         We have heard the Counsel for the parties and have gone through the documents on record as well as the written arguments.
6.         The objection of the OPs that the complaint is barred by time also deserves to be rejected on the ground that the membership of the OPs-Club was valid for 10 years from the date of the agreement dated 27.02.2012 i.e. upto year 2021 as is evident from the Membership Purchase Agreement dated 27.02.2012 (Annexure C-2) whereas the present complaint has been instituted by the complainant on 23.04.2019 i.e. well within limitation.
7.         The main grouse of the complainant is that the OPs have failed to provide the facilities as per the membership agreement despite his repeated requests sent through letters/emails etc. and as such he is entitled to refund of the membership fee paid to the OPs.  
8.         On the contrary, the stand of the OPs is that the complainant never approached them to provide any facilities or to book any tour for himself/his family members.  It has further been argued that the complainant has not produced on record any print out of the website to prove that he ever tried to book any holidays online on the given website i.e. www.countyClubIndia.com by logging the username and the password provided to him.  It has further been argued that the complainant has placed on record only one e-mail (Annexure C-5) sent on wrong email id:
9.         The perusal of the record available on the file reveals that the complainant took the membership of the OPs in the month of February, 2012.  However, he has not been able to place on record any documentary evidence in the shape of e-mails/letters and telephonic calls or website print of the OPs to prove that he had ever approached the OPs after February, 2012 to provide the facilities as per the membership agreement and they failed to provide the same despite his repeated requests. The complainant has placed on record the copy of an e-mail (Annexure C-5), which has too been sent at the wrong email id of the OPs i.e.
10.         For the reasons recorded above, the complaint is dismissed being devoid of any merits.  The parties are left to bear their own costs.
11.         Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.