CC No: 1769/2014

 Filed on 18.10.2014

Disposed on 06.04.2016

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,

BANGALORE – 560 052

DATED THIS THE 6^th DAY OF APRIL 2016

CONSUMER COMPLAINT NO.1769/2014

PRESENT:

Sri. H.S.Ramakrishna,  B.Sc., LL.B.

                                    PRESIDENT

                        Smt. L. Mamatha, B.A., (Law), LL.B.

                        MEMBER

                                                        V/S

ORDER

BY SRI H.S. RAMAKRISHNA, PRESIDENT

1.         This is a complaint filed by the Complainants against the Opposite Parties under Section-12 of the Consumer Protection Act, 1986, praying to pass an order directing the Opposite Parties to pay a sum of Rs.1,30,000/- as compensation for mental and physical harassment and financial loss.

2.         The brief facts of the Complaint can be stated as under:

In the complaint, the Complainants alleged that the Complainants purchased the membership from the Opposite Parties bearing No.CVBGIBCLUB5LB163265.  At the time of selling country club and country club vacation membership, executives of the Opposite Parties promises the Complainants that country vacation membership will be valid for two complete generations.  During the period of country vacation, they will provide pick and drop service by hotel free of cost.  Through the Opposite Parties we can able to book air ticket and bus ticket at discounted price.  The Opposite Parties will give four gold membership cards which can be utilized by us, our family member or friends.  We can able to book party hall, meeting room and so on without paying anything to the Opposite Parties.  If any party or function will be organized by the Opposite Parties, they will intimate the members and the members do not have to pay anything to attend such functions.  Without any hassle any point of time the Opposite Party members can able to book room for their vacation.  Extra cost involvement apart from membership cost is Rs.7,500/- as annual maintenance fee.  For booking room for vacation is next to impossible.  Whenever we have called them got one and only reply sorry hotel is overbooked.  Then what is the use of membership as one cannot go for vacation through them.  He tried to find out from their reservation team how far in advance they have to book room and reply was 45 days.  Then tried to book almost three months before to go for vacation, but again he got same response from them sorry sir booking for that hotel is already closed.  The country vacation and country club membership is valid for 2 generations, but according to them, country vacation is only valid for 5 years which no body has informed us during or after sales process is completed either verbally or in writing.  We came to know about the validity of vacation at the time of booking room for vacation through reservation team.  As per the sales team, we are supposed to receive four gold cards, but we have received only two.  We did not chase for that for couple of month, but result was zero.  Regarding banquet or meeting room booking, we can book only when we will order food through them which no one has said during sales speech.  Facilities like swimming pool can be availed by any person by paying Rs.50/- per visit, but Opposite Party sales team has said it is exclusive for our members only.  Extra cost involvement apart from membership cost is Rs.7,500/- as annual maintenance fee, but this is not true.  Members have to pay Rs.750/- against each booking which no one has said during sales speech.  To clarify above things from them, they also written mail to the Opposite Parties, but till date the Opposite Parties have not responded.  Hence, this complaint.

            3.         In response to the notice, the Opposite Parties put their appearance through their counsel and filed their common version.  In the version pleaded that this complaint is not maintainable either in law or on facts.  The complaint of the Complainants is imaginary one.  The Complainants entered into a purchase agreement dt.29.11.2013 and in terms of agreement, the Complainants have paid a sum of Rs.1,15,000/-.  In terms of purchase agreement, the Complainants are entitle for holiday vacation for 6 nights 7 days in a year for a period of 5 years and club membership of life time, subject to the terms and conditions mentioned in the Purchase Agreement.  The Opposite Parties upon receipt of the said amount has issued laminated club membership card to the Complainants, the Complainants have duly acknowledged the membership card issued by the Opposite Parties.  The complainants knowing the said facts have made false and frivolous allegations against the Opposite Parties.  The Opposite Parties never promised or assured to give or forced to become a member and denied the allegations made in the complaint.  The Complainants are not illiterate persons and after enjoying the services of club membership, they are trying to get the reimbursement for the expenses incurred by them by filing the above complaint.  There is no deficiency in service on the part of the Opposite Parties.  In terms of agreement, there is no provision for cancellation of the club membership, however the complainants are at liberty to sell or transfer or gift the membership to any third party, inspite of that the complainants for the reasons best known to them have filed the above false and frivolous complaint.  Hence, prays to dismiss the complaint.

4.         In support of the complaint, the complainants have filed their affidavit by way of evidence.  For the Opposite Parties one Sri V.N.Girish Kumar, Manager has filed his affidavit by way of evidence.  Heard the arguments of both the parties.

5.         Now the points that arise for consideration are:-

1. Whether the Complainants have proved the alleged deficiency in service by the Opposite Parties?
2. If so, to what relief the Complainants are entitled?

6.         Our findings on the above points are:-

                        POINT (1):-  Negative

                        POINT (2):-As per the final Order

REASONS

7.         POINT NO. 1:-         As looking into the averments of the complaint and the objection filed by the Opposite Parties, it is not in dispute that the complainants by entering into Purchase Agreement dt.29.11.2013 by paying a sum of Rs.1,15,000/- purchased the membership card of the Opposite Parties.  To substantiate this fact, the complainants in their affidavit reiterated the same and produced the Purchase Agreement for club and vacation membership.  By looking into this document, this agreement is dated Friday 11^th 2013.  Under this agreement, the Complainant agreed to purchase the club and vacation membership of Opposite Parties and also it is clear that the said membership was purchased for a sum of Rs.1,15,000/-.  It is the further case of the complainants that at the time of purchasing the country club vacation membership, the representatives promised the Complainant that country club and vacation membership will be valid for two complete generations.  During the period of country vacation, they will provide pick and drop service by hotel free of cost along with site seen will be arranged by the Opposite Parties with personalized driver at no extra cost.  Through the Opposite Parties we can able to book air ticket and bus ticket at discounted price.  The Opposite Parties will give four gold membership cards which can be utilized by us, our family member or friends.  We can able to book party hall, meeting room and so on without paying anything to the Opposite Parties.  If any party or function will be organized by the Opposite Parties, they will intimate the members and the members do not have to pay anything to attend such functions.  Whatever the facilities and amenities are available at Opposite Party club will be exclusive for their members.  Without any hassle any point of time the Opposite Party members can able to book room for their vacation.  Extra cost involvement apart from membership cost is Rs.7,500/- as annual maintenance fee.  To substantiate this fact, the complainants in their sworn testimony reiterated the same and produced the Purchase Agreement for club and vacation membership and Billionaire Vacations Agreement and Club Membership Purchase Agreement.  But as looking into these documents, there is no such clause as stated by the complainants in their complaint or in the affidavit.  Absolutely there is no evidence to believe the contention of the complainants that country club and country vacation membership will be valid up to two complete generations and also they will provide pick and drop service and agreed to book the ticket at a discount price and also produced the email correspondences.  Nodoubt by looking into these email correspondences, by sending mail to the Opposite Parties informed that Sales Executives are promised that ;

(i)       Country Club and Country Vacation Membership will be valid for two complete generations.

(ii)      During the period of your country vaction you will be provided pick and drop service by hotel free of cost along with site seen will be arranged by us with personalized driver at no extra cost.  (members don’t have to pay single penny to driver and hotel for transport facility).

(iii)     Though us you can able to book air ticket and bus ticket at discounted price (without could be up to 50%).

(iv)     We will give you four gold membership card which can be utilized by you, your family members or friends.

(v)      You can able to book party hall (Banquet hall), meeting room and so on without paying us anything.  As these comes with membership.

(vi)     If any party or function will be organized by country club, we will intimate our members and the members do not have to pay anything to attend such functions.

(vii)    Whatever the facilities and amenities are availed by country club will be exclusive for their members. 

(viii)   Without any hassle our members can able to book room for their vacation whenever they want.

Except this, there is no evidence to believe in the evidence of the complainants that at the time of purchasing the membership of the Opposite Parties by the complainants, the Sales Representative of the Opposite Parties promised the Complainants to provide these following facilities.

(i)       Country Club and Country Vacation Membership will be valid for two complete generations.

(ii)      During the period of your country vaction you will be provided pick and drop service by hotel free of cost along with site seen will be arranged by us with personalized driver at no extra cost.  (members don’t have to pay single penny to driver and hotel for transport facility).

(iii)     Though us you can able to book air ticket and bus ticket at discounted price (without could be up to 50%).

(iv)     We will give you four gold membership card which can be utilized by you, your family members or friends.

(v)      You can able to book party hall (Banquet hall), meeting room and so on without paying us anything.  As these comes with membership.

(vi)     If any party or function will be organized by country club, we will intimate our members and the members do not have to pay anything to attend such functions.

(vii)    Whatever the facilities and amenities are availed by country club will be exclusive for their members. 

(viii)   Without any hassle our members can able to book room for their vacation whenever they want.

            8.         In the complaint, the complainants further alleged that booking room for vacation is next to impossible whenever they called them got one and only reply sorry hotel is overbooked.  Then what is the use and they tried to find out from the reservation team how far in advance they have to book room and reply was 45 days.  They tried to book almost three months before to go for vacation, but again got same response.  Even to substantiate this fact also the complainants in the affidavit reiterated the same.  But they have not produced any cogent evidence to substantiate the same that the complainants have tried to book the rooms three months before go to vacation, if it is so, when the complainants have plan to go for vacation and in which date they asked the Opposite Party to reserve the room in the vacation club.  For this they have not produce any evidence, therefore, it is not proper to accept the contention of the complainants.

            9.         Even as looking into the other allegations, the complainants have made allegations against the Opposite Parties, but there is no sufficient evidence in support of their allegations, thereby, the complainants fail to establish that there is a deficiency in service on the part of the Opposite Parties.

            10.      On the other hand, as the defence taken by the Opposite Parties, the complainants are not illiterate persons and after enjoying the benefits and services of the club membership is trying to get the reimbursement for the expenses incurred by them by filing false complaint.  The club membership and a holiday/vacation package in terms of the offer is entitle for 6 nights and 7 days holiday vacation in a year for a period of 5 years and club members for life time, subject to terms and conditions.  In order to substantiate this defence Sri V.N.Girish Kumar, working Manager of the Opposite Parties filed affidavit and reiterated the same and also produced the Purchase Agreement for Club and Vacation Membership and Billionaire Vacation Agreement.  As looking into these documents, it is very clear that the members of the Opposite Parties are entitled for a vacation package for 6 nights and 7 days holiday vacation in a year for a period of 5 years and other benefits.  After receiving the amount, the Opposite Parties have issued membership card and also produced Itinerary/Receipt.  As looking into these, it is in the name of the Complainant Sri Suman Prem, check-in 13.04.2014 and check-out 15.04.2014, number of nights – 2.  Under this itinerary receipt, the Complainant Sri Suman Prem booked Country Spa Kovalam for Trivandrum for two days.  So from this evidence, the complainants after becoming members of the Opposite Parties, they take benefit from the Opposite Parties as per the terms and conditions of the agreement.  Even after taking benefit by alleging falsely filed this complaint, thereby, by looking into this evidence, absolutely there is no any evidence to believe in the contention of the complainants that there is deficiency in service on the part of the Opposite Parties.  Hence, this point is held in the negative.

11.      POINT NO.2:-          In view of the finding on Point No.1, we proceed to pass the following;

ORDER

The Complaint is dismissed. No 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 6^th day of April 2016).

       MEMBER                                                                               PRESIDENT

CC. NO.1769/2014

LIST OF WITNESSES AND DOCUMENTS

Witnesses not examined, but affidavit of the witnesses is filed, as follows;

1. Smt. Neelika Prem and Sri Suman Prem have filed their common affidavit for Complainants.
2. Sri V.N. Girish Kumar, Manager has filed his affidavit for the Opposite Parties.

List of documents filed by the Complainant :

1. Copy of the Purchase Agreement for Club and Vacation Membership.
2. Copy of the Billionaire Vacations Agreement.
3. Copy of the Club Membership Purchase Agreement.
4. Copy of the email correspondences.
5. Copy of the payment receipt.
6. Copy of the permanent receipts.

List of documents filed by the Opposite Party :

1. Copy of the Purchase Agreement for Club and Vacation Membership.
2. Copy of the Billionaire Vacations Agreement.
3. Copy of the permanent membership cards.
4. Copy of the confirmation by member and Annual AMC Rs.7,500/-.
5. Copy of the Voucher Itinerary/Receipt.
6. Copy of the citations.

MEMBER                                                                               PRESIDENT