Karnataka

Bangalore 4th Additional

CC/15/288

Mandeep Singh Virdi - Complainant(s)

Versus

The Manager Country Vacations and Others - Opp.Party(s)

In person

28 Feb 2019

ORDER

Complaint filed on: 11.02.2015

                                                      Disposed on: 28.02.2019

 

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

 1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027       

 

 

CC.No.288/2015

DATED THIS THE 28^TH FEBRUARY OF 2019

 

PRESENT

 

 

SRI.H.Y.VASANTH KUMAR, PRESIDENT

SMT.N.R.ROOPA, MEMBER

 

Complainant/s: -                           

Sri.Mandeep Singh Virdi

H.No.9 (2^nd Floor),

First Cross, Brindavan

Layout, Near Gandhi Statue, Horamavu, Bengaluru-43.

 

By Adv.Sri.Rama.M   

 

V/s

Opposite party/s:-    

 

1. The Manager,

Country Vacations,

Country Club India ltd.,

1^st Floor, SV Towers,

Krishna Nagar, Industrial Layout RC Post, Hosur Road, Between Christ College and Forum, Koramangala, Bengaluru-29.

 

2. The Managing Director

Country Vacations,

Country Club India ltd.,

#6-3-1, Country Vacations

219, Begumpet,

Hyderabad-16,

Andhra Pradesh.

 

By Adv.Sri.D.Narasegowda   

 

3. The Managing Director

Country Vacations,

Country Club India ltd., Amrutha Castle, 5-9-16, Saifabad, Secretariat, Hyderabad,

Andhra Pradesh-63.

 

Ex-parte

 

ORDER

 

Under section 14 of consumer protection Act. 1986.

 

SRI.H.Y.VASANTHKUMAR, PRESIDENT 

 

            The Complainant has alleged the deficiency in service against OPs.1 to 3/Country Vacations and has prayed for direction against them to seek apology for the inconvenience caused to him by refunding membership fees of Rs.80,000/- with interest and service tax charged on EMI of Rs.11,000/- and also with total compensation amount of Rs.1,01,000/-.     

 

          2. The case of the Complainant in brief is that, on 22.05.14, he became the member on payment of Rs.80,000/- towards the membership fees subject to the terms & conditions of the agreement believing the assurances of OPs to accommodate him to pay the said amount in 18 EMIs which never happened. He complained with the OPs and requested them to cancel the membership seeking refund of the amount orally and also through letter and emails for which no response made by the OPs. Hence, he filed this complaint.

 

          3. OPs in their version contended that, there is no provisions in the agreement dtd.22.05.14 for refund of the amount when he has liberty to sell/transfer/gift the membership with privileges to any third party. The Complainant is privileged even now to enjoy the privileges and benefits given to him by sending information for his needs, thereby there is no deficiency on their part. The complaint is not maintainable. There is no cause of action. It is frivolous complaint filed to gain illegally.

 

          4. The Complainant filed his affidavit evidence relying Ex-A1 to A7 documents. The OPs got examined their witness DW1 relying on Ex-B1 to B4 documents.  Written arguments were filed by both side. Arguments were heard.                    

 

                   

          5. The consumer disputes that arise for consideration are as follows:

 

1. Whether non refunding of the membership fees by OPs to the Complainant becomes deficiency in their              service ?
2. To what order the parties are entitled ?

 

6. Answers to the above consumer disputes are as under:

1) Negative

2) As per final order – for the following      

 

REASONS

 

          7. Consumer Dispute No.1: The undisputed facts reveal that, the Complainant became the member of OPs by virtue of Purchase Agreement/Ex-A1 with terms & conditions mentioned therein as per Ex-A2 (both produced as Ex-B1) dtd.22.05.14 on payment of Rs.80,000/- after taking deduction of Rs.15,000/- discount as shown in Ex-A4, A7/receipt and account extract. The Complainant got the gift vouchers/Ex-A3 and also the privilege card/Ex-A6 dtd.12.07.14 as the privilege given to him. The OPs who confirmed his membership through confirmation letter/Ex-B2 issued privilege card/Ex-B3 alongwith the gift vouchers/Ex-B4.

 

          8. The Complainant wrote a letter and sent emails wide Ex-A5 seeking the refund of the membership amount. The OPs in their version contended that, the Complainant being the party to the agreements/Ex-B1, A1 & A2 has no right to seek refund but is empowered to sell/transfer/gift the membership to any other party and such being the case, the Complainant has no right to file this complaint in the absence of cause of action, based on frivolous grounds.

 

          9. The burden is always on the Complainant to prove the alleged cause of action to establish the right of getting reliefs prayed for. In order to seek apology, the Complainant ought to have established the violation of any of the terms & conditions of the signed agreements by the OPs. His allegations that, OPs assured him to collect the membership fees in 18 EMIs are not supported by any documents. Ex-B2/confirmation letter which show the receipt of Rs.80,000/- as repeated version, in continuation of the mentioning of the same amount in the agreement, also makes it impossible to believe the alleged assurance of receiving the amount in EMIs. It is not the prayer of the Complainant to seek direction to cancel the membership and consequently to get the refund of the membership fee amount. In the absence of evidence regarding the violation of any such terms and denial of any privileged services to the Complainant, OPs cannot be made liable to seek apology or to refund the membership fees with compensation. The terms & conditions of the mutually signed agreements, clearly show that, the Complainant has got right to transfer/sell/gift the membership. It is not his case that, he cannot do so in view of any such contra terms & conditions. He has not established that the terms & conditions itself are arbitrary which makes it impossible to carry out the options left out to him. In the result, the Complainant has failed to establish the alleged deficiency in service or unfair trade practice by the OPs. Thereby, the Consumer Dispute no.1 is answered in the negative.  

 

10. Consumer Dispute No.2: In view of findings of the Consumer Dispute No.1, the Complainant deserves to get the following:

 

ORDER

 

          The CC.No.288/2015 filed by the Complainant is hereby dismissed. No order as to costs.

 

          Supply free copy of this order to both the parties. 

 

          (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the Open Forum on 28^th February of 2019).

 

 

 

 

(ROOPA.N.R)     MEMBER

(VASANTH KUMAR.H.Y)  PRESIDENT

                                                                        

Copies of Documents marked on behalf of Complainant/s:

 

Ex-A1	Original Purchase agreement dtd.22.05.14
Ex-A2	Original Vacation agreement dtd.22.05.14
Ex-A3	Original Holiday gift voucher
Ex-A4	Original Payment detail receipt
Ex-A5	Emails 42 in no.s
Ex-A6	Original Tasha Offer letter dtd.12.07.14
Ex-A7	Bank statement

 

Copies of Documents marked on behalf of Opposite party/s

 

Ex-B1	Purchase agreement dtd.22.05.14
Ex-B2	Confirmation letter
Ex-B3	Membership cards
Ex-B4	Gift vouchers

 

 

 

 

(ROOPA.N.R)     MEMBER

(VASANTH KUMAR.H.Y)  PRESIDENT