| Final Order / Judgement | DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II Udyog Sadan, C-22 & 23, Qutub Institutional Area (Behind Qutub Hotel), New Delhi- 110016 Case No.513/2011 Dr. Arshdeep Singh 19-B, 2nd Floor, Pocket-B, DDA Flats, Hari Nagar, Near Hari Nagar Depot, New Delhi- 110064 ….Complainant Versus The Country Club India Limited 25, Community Centre, 1st Floor, East of Kailash, Near Sapna Cinema, New Delhi- 110065 ….Opposite Party Date of Institution : 21.12.2011 Date of Order : 25.07.2022 Coram: Ms. Monika A Srivastava, President Ms. Kiran Kaushal, Member Sh. U.K. Tyagi, Member ORDER Member: Kiran Kaushal - Briefly put, Complainant was called by Country Club (India Limited) hereinafter referred to as OP, to attend a presentation on 21.04.2010. Complainant was offered a gift voucher of Rs.25,000/- by way of which, Complainant was entitled to 7 days accommodation at any of OP Clubs in India, Sri Lanka or Indonesia. Complainant was to pay nominal fee of Rs.3,000/- on confirmation of the accommodation request.
- It is stated that the Complainant was lured into taking a lifetime membership of OP Club, by paying consideration of Rs.70,000/- and Rs.5,000/- per year towards maintenance. Thus, believing the representations made by OP, Complainant agreed to take the membership of OP Club and paid Rs.25,000/- vide debit card and another payment of Rs.10,000/- in cash was paid to OP on 21.04.2010. Receipt of payment of Rs.35,000/- is annexed as annexure-A/2.
- It is stated that Complainant received a letter from OP welcoming him to their club alongwith the temporary card and receipt of the payment made by the Complainant on 21.04.2010. To the utter shock of the Complainant, OP sent him receipt of only Rs.25,000/- whereas, Complainant had paid Rs.35,000 to OP. Complainant immediately pointed the error to OP telephonically and he was told that there might have been some error on part of OP as they had not updated the payment made by the Complainant.
- It is next stated that on 15.05.2010 an Executive of OP visited the house of the Complainant to collect the payment of the next installment towards the said membership of OP Club. The Complainant made a payment of Rs.10,000/- in cash to the said Executive and asked for the receipt of the same. It is stated that the Executive told the Complainant that while coming to Complainant’s house, the Executive had lost the receipt book as he was coming on a motor bike and the receipt book must have fallen down somewhere along the way. It is stated that in good faith the Complainant paid Rs.10,000/- in cash on assurance that he will get the receipt within two working days from OP Club. However, Complainant never received any acknowledgment from OP regarding the said cash payment made by him on 15.05.2010. The Complainant contacted OP to enquire about the receipt of the said payment. However, OP flatly refused having received any such payment from the Complainant.
- Subsequently, Complainant having lost all faith in OP asked them to refund the money paid by him as he no longer wanted to take the membership of OP Club but OP did not pay any heed to his requests.
- Thus aggrieved, Complainant approached this Forum with prayer to refund the amount of Rs.45,000/- alongwith interest @18% from the date of payment till the date of refund . Additionally, it is prayed for directions to OP to pay compensation of Rs.30,000/- towards mental agony , harassment and Rs.15,000/- towards litigation costs.
- Per contra, OP has stated that no cause of action has ever arisen against OP hence the complaint is not maintainable. It is next stated that the parties are bound by the terms of agreement and Complainant’s prayer for refund of advance membership fee cannot be entertained as it is made clear in the membership agreement that the amount paid towards the membership is non-refundable.
- It is submitted that the total amount of the membership fee to be paid by the Complainant was Rs.70,000/-. The Complainant had paid only Rs.35,000/-and OP had already dispatched the welcome kit, which includes the payment receipt of Rs.25,000/- paid by the Complainant through debit card. It is also informed that cash payment receipt will be furnished after the acknowledgement of the cash payment by Hyderabad office. It is stated that despite repeated requests by the OP to pay balance amount of Rs.35,000/-, Complainant has not furnished the same. It is next stated that as per the agreement if the membership dues are not paid within 45 days management of OP has right to cancel or withhold the membership without assigning any reason thereof. It is next stated that OP is always ready to fulfill their obligation as per the membership agreement and the conditions stated therein. In view of the same, it is prayed that the complaint be dismissed with exemplary cost.
- Rejoinder, evidence by way of affidavit and written submissions on behalf of the Complainant are on record. OP was proceeded against exparte vide order dated 5.12.12. Submissions made on behalf of the Complainant are heard. Material placed on record is perused.
- Averments made in the complaint though have been controverted by OP but as OP has failed to file the evidence, there is no reason to disbelieve the version of the complainant.
- Complainant in support of his complaint has annexed the receipt dated 21.04.2010, wherein, it is seen that Rs.25,000/- was paid by the Complainant through his debit card and Rs.10,000/- was paid cash. There is no denying the fact that the Complainant had paid Rs.35,000/- to OP vide receipt dated 21.04.2010. Though, Complainant has averred that Complainant gave the second installment of Rs.10,000/- in cash to the Executive of OP on 5.05.2010. Complainant has failed to establish the said fact as the same is not evidenced and also there is no contemporary evidence to prove that the complainant pursued regarding the same with OP.
- The lack of faith with the company for the alleged default of an employee does not appeal to this Commission. The said reason does not seem to be justifiable enough to wriggle out of the agreement signed between the parties.
- However, it is not in dispute that the Complainant has availed any service of OP. It is seen that the Complainant sought refund of the payment within two months. In view of the discussion above we allow refund of the amount deposited after deducting reasonable amount on account of welcome kit, administrative charges etc.
- Accordingly OP is directed to refund Rs.30,000/- @5% from the date of filing of the complaint within three months failing which OP shall pay Rs.30,000/- @9% interest till realization.
File be consigned to the record room after giving a copy of the order to the parties as per rules. Order be uploaded on the website. | |
