Chandigarh

DF-II

CC/282/2018

Harbir Singh Anand - Complainant(s)

Versus

The Managing Director, Country Club Hospitality and Holidays Ltd., - Opp.Party(s)

In Person

11 Jan 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

 

Consumer Complaint  No	:	282 of 2018
Date  of  Institution	:	17.05.2018
Date   of   Decision	:	11.01.2019

 

 

 

 

 

Harbir Singh Anand s/o Sh.Sohan Singh, R/o H.No.S-89, Shivalik Vihar, Naya Gaon, SAS Nagar, Mohali. 

 

             Complainant

Versus

 

1]  The Managing Director, Country Club Hospitality and Holidays Ltd., #6-3-1219, 4^th Floor, Begumpet, Hyderabad 500016

 

2]  Country Club, Country Club Fitness and Vacations, SCO 44-45, Second Floor, Sector 9-D. Chandigarh.

   

 Opposite Parties

 

BEFORE:  MR. RAJAN DEWAN           PRESIDENT

MRS.PRITI MALHOTRA        MEMBER

                    MR.RAVINDER SINGH         MEMBER

           

 

Argued By: Complainant in person

           Sh.Pardeep Sharma, Adv. for OPs.

 

 

PER RAVINDER SINGH, MEMBER

 

                    The complainant has stated that in response to a lucky draw held by OPs against the coupon filled by complainant, he was given a gift voucher by Opposite Parties for Seven Days accommodation for two adults and two kids with market value of Rs.25,000/- in any Hotel of Country Club (Ann.A-1). It is averred that thereafter the complainant became the Member of Country Vacations for Ten years Vacations (Blue) on payment of Rs.1,25,000/- through Opposite Party No.2 on 20.4.2016 and an agreement was executed between both the parties (Ann.A-2).  The Opposite Parties conveyed the Membership Number of the complainant through letter dated 26.9.2016 along with Membership Card valid upto 2026 (Ann.A-3 &  A-4).  It is also averred that the complainant made the payment of Rs.1,25,000/- to the Opposite Parties against receipts dated 4.5.2016 (Ann.A-5 & A-6).  It is submitted that as per the agreement, the OPs were supposed to provide a Stay for a period of 6 Nights & 7 days in each year in any of the property/Hotel of their Company for 10 years, to the complainant, his spouse and two children.  It is also submitted that the complainant made so many requests regarding the stay in vacations to the OPs from time to time, but they did not acceded the same taking one ground or other.  It is further submitted that the complainant asked the Opposite Parties for accommodation for his family at any of two stations Jaipur or Agra on any of the date from 24.1.2017 to 2.2.2018, but they refused to provide the same due to non-available as usual.  Thereafter, the complainant sent legal notice to the Opposite Parties for refund of his amount, but to no avail.  Hence, this complaint has been filed alleging the said act & conduct of the OPs as gross deficiency in service and unfair trade practice.

 

2]       The Opposite Parties have filed reply and while admitting the factual matrix of the case, stated that the complainant entered into an Agreement dated 20.5.2016 tilted as “Purchase Agreement for Vacation Membership” (Excludes Club Membership) (Ann.A-2) with the Opposite Parties and opted “Blue Season” category, according to which the complainant is entitled to stay for a period upto 6 nights and 7 days each year at Ops properties within India.  It is stated that as per the agreement, the Holiday booking is to be done Online only or through the Country Club Mobile App. It is also stated that the vacation charges of Rs.1,25,000/- collected form the complainant was towards one-time non-refundable vacation charges. It is further stated that the averments of the complainant are baseless and without any evidentiary proof. It is stated that the complainant has not even mentioned as to when and for what location he booked or asked for booking.  Denying other allegations and pleading no deficiency in service, the OPs have prayed for dismissal of the complaint.

 

3]       The complainant filed replication reiterating the contentions made in the complaint.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the complainant in person and learned Counsel for the Opposite Parties and also carefully examined the entire evidence on record.

 

6]       The complainant was fascinated by false exaggerated promises of OPs regarding providing world-class vacation facilities on gaining their Membership.  Accordingly, the complainant has paid an sum of Rs.1,25,000/- on 04.05.2016, but the Opposite Parties even after getting such a huge amount, failed to provide him any facility of stay in any of the Company’s Hotel/resort despite his request on 24.1.2017 & 2.2.2018 for arrangement of accommodation for his family at Jaipur or Agra, which amounts to deficiency in rendering proper service.

7]       The complainant has not availed nor been provided any facility by the Opposite Parties, as such, he has every right to get back his money, which he has paid for membership of OP Club.   The Opposite Parties cannot, by any of the provisions, forfeit the amount of the complainant and as such is liable to pay back the same i.e. Rs.1,25,000/-.  No prejudice shall be caused to the Opposite Parties in case the complainant withdraws his membership. 

 

8]       Keeping into consideration the fair play and interest of justice, the complaint is allowed with direction to the Opposite Parties to refund an amount of Rs.1,25,000/- to the complainant along with litigation cost of Rs.5,000/-.

         This order shall be complied with by Opposite Parties within a period of 30 days from the date of receipt of copy of this order, failing which they shall be liable to pay compensatory cost of Rs.20,000/- apart from the above relief.

         Certified copy of this order be sent to the parties, free of cost, as per rules. File be consigned to record room.

Announced

11^th January, 2019                                                        Sd/-

 (RAJAN DEWAN)

PRESIDENT

                                                                                               

Sd/-

                                                                    (PRITI MALHOTRA)

MEMBER

 

Sd/-

(RAVINDER SINGH)

MEMBER