DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

PATIALA.

                                      Consumer Complaint No. 277 of 25.7.2018

                                      Decided on:    9.10.2020

Dr.Yogesh Arora R/o Sanjivni Hospital, B5/39, New Dalima Vihar, Under Bridge Road, Rajpura.

                                                                   …………...Complainant

                                      Versus

1. The Managing Director, Country Club Hospitality & Holidays Ltd. 6-3-1219/A,C, Country Club Kool Begumpet, Hyderabad 500016.
2. Country Club Hospitality & Holidays Ltd. 6-3-1219/A,C, Country Club Kool Begumpet, Hyderabad 500016.
3. The Branch Manager, Best Western Resort Country Club , Country Club Hospitality & Holidays Ltd. Corporate Office, 1304-1310, Devika Tower 6, Nehru Place, New Delhi 110019.

                                                                   …………Opposite Parties

                                      Complaint under Section 12 of the

                                      Consumer Protection Act, 1986.

QUORUM

                                      Sh. Jasjit Singh Bhinder, President

                                      Sh.Vinod Kumar Gulati, Member    

ARGUED BY

For the complainant:     Sh.Sachdev Vij, Advocate

For OPs:                        Sh.Amit Gupta, Advocate      

 ORDER

                                      JASJIT SINGH BHINDER,PRESIDENT

1. This is the complaint filed by Dr.Yogesh Arora (hereinafter referred to as the complainant) against Country Club Hospitality & Holidays Ltd. and ors. (hereinafter referred to as the OP/s).
2. The brief facts of the complaint are that the OPs are providing family holidays at resorts by providing different membership plans. In the month of December,2015, the authorized representative informed the complainant that he is entitled for a free holidays voucher and in order to claim that, complainant has to come in person alongwith his wife at Eagle Motel, GT Road, Rajpura.The complainant  alongwith his wife visited OPs. The OPs offered complainant to become member with their company wherein he can avail holidays for 30 years with a maximum of 7 holiday per year at any chosen destination. Besides this, the authorized representative of OPs also told that once he choose to be member of their company, he will be entitled to 2 free International Flight tickets alongwith Free Holiday Vouchers for Dubai. It is averred that the OPs agreed to provide holiday, as per the convenience of complainant, whenever he wanted. It was further told that holiday trips could be availed by giving one month advance notice either by using online facility or by using telephone numbers. Apart from this, it was also assured by the OPs that by taking Red Season with Studio Apartment, complainant will be able to take his two children aged around 13 years alongwith him for which there will be no extra charges. It was further assured that annual maintenance charges (AMC) of Rs.8500/- are not to be paid in the first year of membership and is to be paid from the second year of membership. Accordingly, the complainant was advised to pay a sum of Rs.2,75,000/- as membership . The complainant deposited Rs.1,65,000/- through cheque No.0000096 and remaining amount of Rs.1,10,000/- was paid using credit card on 28.12.2015. At that time, it was promised by the authorized representative of the OPs that sum of Rs.11,000/- towards interest of payment through credit card will also be returned to the complainant.
3. It is averred that complainant became a member vide certificate of Membership No.CCDL61CLUB30LR23588  for the Season Red, Apartment Type Studio, for the period from 28.12.2015 to 28.12.2045 with holiday start date from 28.12.2015.
4. It is further averred that on 28.12.2012, the complainant requested authorized representative of OPs for free holiday vouchers for Dubai and 2 International Flights tickets as promised at the time of selling membership. It was disclosed by the authorized representative of OPs that free tickets can only be used for domestic flight and not for international and also did not offer free holiday vouchers for Dubai. It is further averred that on 25.2.2016, the complainant requested for the refund of Rs.11000/-i.e. interest towards payment through credit card but the OPs failed to keep up their promises.
5. It is further averred that for the first time complainant called telephone booking members of OPs well in advance i.e. one month prior to the dates for which he intended to book resort but he was told that preferred location is not available on dates and he has to change his booking rates. The complainant was also asked to first pay the Annual Maintenance Charges amounting to Rs.8500/- before he can stay in any of resorts/book holidays or he can pay minimum amount for room in case he does not want to pay AMC. The complainant having no source or option left at his disposal agreed to pay minimum charges of
   Rs.4000/- for the room.
6. It is further averred that he requested for holiday in Shimla for August, 2016 and went for a holiday with his family. The complainant was told that he will have to pay extra for his children or he can book another room for his children whereupon one day of his holiday will be deducted from the available holiday.
7. It is further averred that complainant booked an extra room and went for 3 days holiday. However, when the complainant checked his holiday status online, he noticed that a total of 4 days were deducted instead of 1 days towards booking of that extra room leaving holiday balance as “nil”.  At this complainant requested OPs for the refund of his payment paid towards getting membership but the OPs failed to return the same despite repeated requests and reminders. Complainant also got sent legal notice dated 2.11.2018 upon the OPs but they failed to reply the same. The said act and conduct of the OPs caused great mental pain, agony, harassment, financial loss etc. to the complainant. There is also unfair trade practice and deficiency in service on the part of the OPs. Hence this complaint with the prayer for giving direction to the OPs to return the entire amount of Rs.2,75,000 /- paid towards membership fee alongwith interest @18% per annum;  to refund Rs.11,000/- towards interest; to pay compensation of Rs.1,00,000/-for mental harassment and torture; to refund Rs.4000/- towards minimum charges paid by the complainant for staying at Shimla Resort; to give free holiday vouchers for Dubai; two free flight tickets at promised and also to Rs.21000/- as litigation expenses.
8. Upon notice OPs appeared through their counsel and contested the complaint by filing written version. In the written version, the OPs raised preliminary objections that the complaint is not maintainable as this Forum has no territorial jurisdiction; that the complainant has no cause of action to file the present complaint.

On merits, it is stated that the OPs being leading hospitality company offers state-of-the –art clubbing facilities, innovative family holiday packages and start-studded entertainment events.

It is admitted that complainant has paid the total membership price of Rs.2,75,000/- i.e. Rs.1,10,000/- 0n 18.12.2015 (card payments) and thereafter paid an amount of Rs.1,65,000/- through cheque dated 28.12.2015 cleared on 13.1.2016. Receipts were issued instantly and an online membership was generated by the OP company.

It is alleged that the payment of Rs.2,75,000/- was towards onetime non refundable vacation charges as is clearly mentioned in the agreement.

It is further alleged that as per clause No.1&3 of the Vacations agreement the complainant is eligible for a holiday for upto 6 nights/7 days per year for 2 adults and 2 kids under 12 years age for 1 Studio Room under Red Season Category. Further as per clause No.5 of the Vacations agreement, the complainant is also eligible for an additional holidays at Dubai for 2 nights and 3 days, Bangkok for 6 Nights and 7 days and that the said holiday were valid for one year from date of agreement subject to use of the same by payingexchange charges and booking charges. Further the complainant as per clause No.18 is eligible for Online “one way air ticket vouchers”for a couple within India on trip only upto an amount of Rs.5500/-. The same was issued to the complainant via e-mail dated 1.2.2016.

It is further alleged that it is nowhere mentioned in the agreement that complainant is entitled to flight tickets to Dubai or any other country. There is also no promise of international air tickets whatsoever. It is further alleged thatas per clause No.5 under the agreement, “ 30 years renewal vacations are eligible for additional voucher towards accommodation for 2 nights and 7 days and 3 days holidays at Country Club Hotel Dubai and 6 Nights and 7 days at CCHHL’s affiliated property in Bangkok and it talks only about “accommodation” and not any air tickets

It is further submitted that complainant for the first time booked the vacation for Shimla online and accordingly paid minimum charges of Rs.4000/- which was towards extra room he opted for the stay of his children. The said payment was made as per the terms and conditions of the agreement. It is further submitted that the complainant opted for a holiday from 15.8.2016 to 17.8.2016 for 2 Rooms and for 2Nights/3days and the same was taken under the regular holidays of 6Nights/7days as per his membership. Hence as per clause No.16 of the agreement since the complainant has split the holiday there was a deduction of 2 days.It is further submitted that the complainant has used his holidays and was issued all the benefits as per the contract alongwith AMC waiver and he is well aware of the fact that the membership is non refundable. After denying all other averments made in the complaint, the OPs prayed for the dismissal of the complaint.

9. In support of the complaint, the ld. counsel for the complainant tendered in evidence Ex.CA, affidavit of the complainant alongwith documents, Ex.C1 copy of payment detail, Ex.C2 copy of welcome letter, Ex.C3 copy of email conversations, Ex.C4 copy of payment receipt, Ex.C5 copy of e-mail conversation, Ex.C6 copy of legal notice, Ex.C7 to Ex.C9 copies of postal receipts, Ex.C10 copy of account statement and closed the evidence.
10. On the other hand, the ld. counsel for the OPs tendered into evidence Ex.OPA affidavit of Sh.Bharat Reddy alongwith documents Exs.OP1 copy of resolution, Ex.OP2 copy of agreement, Ex.OP3 copy of club membership purchase agreement, Ex.OP4 copy of flight ticket, Ex.OP5 copy of online status, Ex.OP6 copy of letter dated 21.1.2016  and closed the evidence of OPs No.1&2. The ld. counsel for the OPs No.1&2 made the statement that the evidence tendered on behalf of OPs No.1&2 be also read as part of evidence on behalf of OP No.3 and accordingly closed the evidence of OP No.3.
11. We have heard the ld. counsel for the parties and have also gone through the record of the case, carefully.
12. The ld. counsel for the complainant has argued that the OPs played fraud with the complainant and they gave business promotional tour at Rajpura. The ld. counsel further argued that the matter was discussed with the OPs at Eagle Motel,G.T.Road, Rajpura.The ld. counsel further argued that the authorized representative had told the complainant that he choose to be member of the company and he will be entitled to 2 free international flight tickets alongwith free holiday vouchers for Dubai. The authorized representative of the OPs further told different membership programs to complainant and advised to opt for Red Season with Studio Apartment type. The ld. counsel further argued that no free air tickets were ever given for Dubai. The ld. counsel further argued that as per advise Rs.2,75,000/-  have been given as the cost of membership.
13. It is further argued that on 28.12.2015, the complainant requested authorized representative of the OPs for free holiday vouchers but they told that tickets can only be used for domestic flight and not international. It is further argued that the complainant requested the OPs to refund Rs.11000/-i.e. interest towards payment through credit card, which was never refuded. The ld. counsel further argued that complainant requested holiday in Shimla but there he was over charged..The ld. counsel for the complainant has cited judgment passed by Ld.District Consumer Forum, Amritsar.
14. On the other hand, the ld. counsel for the OP argued that membership fee is not refundable as per agreement, Ex.R2.The ld. counsel further argued that the complainant has not cleared annual maintenance charges. The ld. counsel further argued that booking was to be done online but he never did booking online. The ld. counsel further argued that no fraud was ever played with the complainant. The ld. counsel further argued that this Forum has also no jurisdiction and jurisdiction is lies at Hyderabad as registered and corporate office of the OPs is at Hyderabad.The ld. counsel further argued that the complainant as his free will visited the officials of the OPs.
15. The ld. counsel further argued that as per membership scheme, the complainant was eligible for holiday for 6nights 7 days per year for 2 Adults and 2 kids under 12 years age for 1 Studio Room under Red Season Category.It is further argued that complainant was also eligible for an additional holidays at Dubai for 2 nights and 3 days, Bangkok for 6 nights and 7 days and said holidays were valid for one year. The ld. counsel further argued that the OPs never played fraud, so complaint be dismissed.
16. To prove this case, both the parties have tendered their respective affidavits in support of the case alongwith documents.
17. Admittedly the complainant become member of the OPs company Country Club and he had paid Rs.2,75,000/- to them and agreement was signed between the parties  and the copy of the agreement is Ex.OP3.As per this agreement, the amount of Rs.2,75,000/- is not refundable and this amount has not refunded to the complainant. This agreement is signed by the complainant also and this is not the case of the complainant that the OPs took his signatures fraudulently.
18. In the written statement at page No.6 in para No.5, it is stated that as per Vacation Membership Scheme, as per clause Nos.1&3 of Vacation Agreement, the complainant was eligible for holiday for 6 nights 7 days per year for 2 adults and 2 kids under 12 years for 1 Studio room under Red Season category.
19. It is further in the written statement that as per clause 5 of the agreement the complainant is also eligible for an additional holidays at Dubai for 2 nights and 3 days, Bangkok for 6 nights and 7 days and said holidays were valid for one year.
20. A mail was sent to the complainant which is Ex.C2, in this mail, it is mentioned that the membership entitles a holiday of 6 nights 7 days every year for the next 30 years a Country Club owned or affiliated properties. Remaining contents also stated and this agreement is valid upto 28 December,2045 and annual maintenance charges were Rs.8500/-.
21. In Ex.C2, on the next page, it is mentioned that the member entitles 6 nights 7 days stay at India with 4 fly voucher and even can get one additional 6 nights 7 days holiday at Dubai, 6 nights 7 days stay at Bangkok.
22. There is Ex.C3 mail was sent by the complainant to the OPs requesting to refund the interest to the sum made through credit card of Rs.11,000/-.A mail,Ex.C5 was sent by the complainant to the OPs, it is mentioned that the complainant offered 4 holiday and tickets for Dubai and when he see, the offer was converted to 2 holidays and tickets  and one stay at Singapore and Bangkok.
23. There is another mail on the file, written by the complainant to the OPs, it is mentioned that complainant has been self trapped into false promises made by Abhishek Gautam and his team.
24. Ex.C6 is the legal notice sent by the complainant to the OPs.
25. On behalf of the OPs Sh.Bharat Reddy has tendered his affidavit Ex.OPA alongwith documents Exs.OP1 to OP5.
26. As stated above, Vacation Agreement is Ex.OP2, which is signed by both the parties. As per this agreement, the amount of Rs.2,75,000/- is non refundable.
27. Ex.OP4 is the flight ticket sent, it is mentioned  Air Ticket Coupon.Ex.OP4 is detail of payment.
28. So it is clear that as per agreement, the complainant alongwith his wife and two children are eligible for free voucher for Dubai, two air flight tickets as promised and Rs.11,000/- as interest towards the payment made through credit card but the amount of Rs.2,75,000/- can not be returned as per agreement.
29. In view of our above discussion the complaint stands partly allowed and the OPs are directed to give two air flight tickets for Dubai  for 2 days and 3 nights as promised. They are also directed to refund Rs.11,000/- as interest to be refunded back .The OPs are further directed to pay Rs.25,000/- as compensation for causing mental agony and harassment alongwith Rs.21,000/- as costs of litigation. The OPs are also directed to follow all the contents of VACATION Agreement. Compliance of the order be made by the  OPs immediately from the date of the receipt of the certified copy of this order.

ANNOUNCED

DATED:9.10.2020

                                       Vinod Kumar Gulati             Jasjit Singh Bhinder

                                                Member                                     President