Thread: Beware of Country Vacation- a division of Country club, Mumbai.

Hi,

This is in reference to country club membership.

One of their sales executives (Sunil) had visited me last year in November &
pitched for a membership. I had told him i & my family would like to see
the club facilities before taking final decision.

He told me that he need my credit card details only so that i can avail 5%
cash back & plot & 0% EMI. He had told me after i confirm, he will process
the form.

But after few days, suddenly I found my credit card swiped for Rs.
100000/-. I and my father have met him & his manager numerous times, and
they have made false promises. It has been many months & they have not
refunded my money yet.

I also wrote to Mr. Reddy & one Mr. Vijay had called from customer care &
promised I would get the refund but no news again from him.

What is also worst, the emi conversion is not happened by SBI, and I have
had to pay interest on my SBI credit card.

Please help me on my refund.

regards

Sumit Bakshi

COMPLAINANTS



SRI.G.M.RAVIRAJASHEKAR REDDY, SRI.A.T.VISHWANATH, ADVOCATES, BELLARY.











//VS//




1. COUNTRY VACATIONS ( A DIVISION

OF COUNTRY CLUB (I) LTD.),

2ND FLOOR, 4-1, KVM PLAZA,

CLUB ROAD, HUBLI-580 029.



2. COUNTRY VACATIONS ( A DIVISION

OF COUNTRY CLUB (I) LTD.,

COUNTRY CLUB (I) LTD.,

6-3-1219, BEGUM PET,

HYDERABAD-500 016.




//JUDGMENT//



This is the complaint filed by Complainants Sri.Y.Nagabushan and Smt.Y.Mahalakshmi against Respondent No.1 and 2 under Sec-12 of C.P. Act for to refund of time share/vacations ownership points amount of Rs.1,50,100/- with interest @ 24% p.a., to award Rs.10,000/- for deficiency of service, mental agony, breach of contract and damages, to award Rs.500/- towards correspondence charges and to award Rs.1,000/- towards cost of this complaint with other reliefs as deems fit to the circumstances of this case.



2. The brief facts of the Complainants case are that;


They purchased time share/vacations ownership points from the Respondents by paying Rs.1,50,100/- on 10/09/2008 and on 18/09/2008 respectively. In consideration, the Respondent No.2 executed a purchase agreement in favour of them on 10/9/2008. They invested said huge hard earned money by hoping of enjoy the vacations with family members at Respondents various locations which are mentioned in detail. In the said agreement, the Respondent No.1 is the authorized marketing franchise of Respondent No.2 and the 2nd Respondent is the authorized owner of Country Vacations (A Division of Country Club (I) Ltd.).


After the purchase of the said vacations ownership points from the Respondents, they contacted the Manager of Respondent No.1 in order to spend the quality time in one of their holiday destinations i.e. Bush Betta near Mysore and the said Manager after numerous calls and repeated requests by him that Manager has reserved the accommodation at the said Bush Betta on 30/12/2008 and has further informed that he will send confirmation letter which is mandatory for availing accommodation, but the Respondents not sent the confirmation letter. After some time, they personally approached the Respondent No.1 Office at Hubli.


Ultimately they cancelled their vacation trip. The Complainants not getting the expected service from the Respondents demanded the refund of amount which they have invested for buying the time share/vacations ownership. But till today the Respondents have not refunded the said amount inspite of frequent visits to Respondent No.1. Thereafter, they issued legal notice through RPAD to the Respondents. Inspite of it, the Respondents not refunded the said amount. Hence, there is deficiency in service on the part of the Respondents as such, they filed this complaint for the reliefs as prayed in this complaint.


3. The Respondent No.1 appeared in this case through its Advocate, but not filed Written Version inspite of sufficient time granted. The Respondent No.2 is placed exparte.


4. In view of the facts and circumstances stated above, now the points that arise for our consideration and determination are that;



1. Whether the Complainant proves that they purchased time share vacations ownership points from the Respondents by paying Rs.1,50,100/- on 10/09/2008 and on 18/09/2008 respectively, the Respondents have not refunded the said amount to them and thereby the Respondents are found guilty under deficiency in their services towards them?



2. Whether the Complainants are entitled for reliefs as prayed in this complaint?


3. To what relief the Complainants are entitled for?

//POINTS//


5. Our findings on the above points are as under.


In view of the findings on Point Nos.1 and 2, we pass the final order for the following;


//REASONS//
Point Nos.1 & 2: -


6. In order to prove the facts involved in these two Points, the affidavit evidence of Complainant No.1 was filed, he was noted as P.W.1. Documents Ex.P.1 to Ex.P.5. No Written Argument filed. The Respondent No.1 not filed the affidavit evidence and Written Arguments. The Respondent No.2 is placed exparte.


7. Among the documents of Complainants are, Ex.P.1 xerox copies of receipts one is for Rs.70,000/- dated: 18/09/2008 and another one Rs.80,100/- dated: 10/09/2008. Ex.P.2 is the copy of Country Vacations International Holiday Club Membership Purchase Agreement in between the Complainants and the Respondents dated: 10/09/2008. Ex.P.3 is the legal notice issued by the Complainants to the Respondents dated: 24/03/2009. Ex.P.4 and Ex.P.5 are the postal acknowledgment and postal receipt.


8. As stated earlier, the Respondent No.1 not filed its Written Version and affidavit evidence. The Respondent No.2 is placed exparte.


9. However, Ex.P.1 containing Xerox copies of two receipts total sum of Rs.1,50,100/- proves that the Complainants have purchased time share/vacations ownership points from the Respondents by paying the said amount. The purchase agreement i.e. Ex.P.2 in between the Complainants and the Respondents, it is in force and further clear that it is bilateral agreement. Hence, both parties are binding on this agreement Ex.P.2. Admittedly, Ex.P.3 is the legal notice issued by the Complainants to the Respondents. Ex.P.4 and Ex.P.5 are postal acknowledgment and postal receipt for having served the notice Ex.P.3 on the Respondents. Admittedly, none of the Respondents have answered to the said notice Ex.P.3 for to substantiate their contentions.


10. The cumulative effect of all the circumstances stated above with the said affidavit evidence of P.W.1 and documentary evidences, we are of the view that, the Complainants have purchased time share/vacations ownership points from the Respondents by paying total sum of Rs.1,50,100/-. The Respondents failed to provide accommodation to the Complainants for holiday trip to Bush Betta on 30/12/2008 which shows that Complainants established the fact of deficiency in service by the Respondents for non-refund of the said amount to the Complainants inspite of repeated oral and written requests.


11. Therefore, the Complainants proved their case and they are entitled to recover Rs.1,50,100/- from the Respondent No.1 and 2 jointly and severally.


12. 2nd prayer of the Complainants is for to award Rs.10,000/- towards deficiency of service, mental agony and breach of contract. This figure is an imaginary one and it has no basis. There are no supportive evidences to award such huge amount. Accordingly, this prayer is rejected and a lump sum amount of Rs.3,000/- was granted to the Complainants under the head of deficiency in service by these Respondents. Hence, the Complainants are entitled to recover Rs.3,000/- from the Respondents jointly and severally under this head.

13. 3rd prayer of them is for to award Rs.500/- towards correspondent charges. In support of this prayer no documents filed by them. Hence, we rejected this prayer of them.


14. 4th prayer of Complainants is for award Rs.1,000/- towards cost of the complaint. We are of the view that, the said amount is proper and reasonable as such it was granted. Accordingly, the Complainants are entitled to recover Rs.1,000/- towards cost of this complaint from the Respondents jointly and severally.


15. As regards to the rate of interest as claimed by the Complainants is @ 24% p.a. is excessive and exorbitant which cannot be granted in the circumstances of this case. Granting interest @ 9% p.a. on the above said total sum Rs.1,54,100/- from the date of this complaint till realization of entire amount recoverable from the Respondents jointly and severally by the Complainants will suffice to meet out the ends of justice. Accordingly, it is granted. Hence, Point No.1 and 2 are answered accordingly.

Point No.3: -

16. In view of findings on Point Nos.1 & 2, we pass the following;

Sir,
1. This is in reference to an Agreement between myself and Country vacations branch at Visakhapatnam, Andhra Pradesh. On 30 May 09 me and my wife signed a purchase agreement with Country vacations for "points rights" of purchase Country vacations International Holiday club. The Contract no DT-22/0188 dated 30-05-09.

2. As per para 9 of the said agreement which refers to Termination of membership "Either party by written notice by registered post without assigning any reason shall terminate the present agreement within 10 days of execution of the present agreement upon such termination the company after deducting twenty percent of money paid by the member under the present agreement, shall refund the balance within ninety days of receipt of written request".

3. Accordingly on 03 Jun 09 me and my wife sent a notice to both the head office and Visakhapatnam branch of Country vacations. The notice included a written request for refund of 80% of the paid amount.

4. Within 02 days I got receipt of receiving of the notice by the Visakhapatnam branch. The same day a certain Ms Bharati of Customer care, vizag called me up persuading me to keep the membership which I refused. She adviced me that I would get my amount back after 90 days that too only 80% and I replied i was fine with it.

5. It has been more than 100 days now but Country vacations has not refunded the said amount. Their customer care is unreachable by e-mail and telephone. On pursuance a certain Mr Raj Shekar from Customer care told me on phone that the company will give a delayed payment due to recession. I informed him that I was fine with it provided that the manager gave me a written request for the same with the assurance that I will get my full amount back and not just 80% due to two reasons:

a. I have not used any facilities as per the agreement.
b. There has been a breach of contract by the company as they have not refunded the amount within 90 days.

6. The Customer care are neither willing to give any written letter nor willing to refund my entire amount stating on phone that it is the company policy to refund only 80%. Infact they are confident enough to state that it is their policy not to refund any amount but since it is stated in my contract they are doing so... as if its a big favour that they are giving me back my own money.

7. The following documents in original are available with me:

a. Agreement

b. Copy of notice sent by registered post

c. Receipts by postal departments of registered documents sent to Hyderabad and Vizag branch of Country vacations.

d. Acknowledgement of notice received by Vizag branch of Country Vacations.

e. Receipt of payment of cash to Vizag branch of Country vacations.

f. A number of e-mails sent to vizag customer care with failure delivery notices despite sending them to correct e-mail id as given in their brochure are there in my mail box.

8. The only reason for me to take legal action is due to breach of contract by Country vacations Pvt Ltd of not refunding 80% of my money within 90 days from the day of receipt of my notice and written request by registered post

9. Please advice. E-mails from people going through similar phase in life are welcomed. Also I would appreciate if I konw that someone has won a case aganst country vacations in the past.

Dear Sir/ Mam;

I'am a member of country vacation since Oct 2009, and we tried to book our holidays before 50 days (company rule is 45 days) but country vacation failed to confirm and hence we have to drop the vacation idea.
Now for last one week I'm trying to book my summer holidays in the month of April 2010 and the customer care of the Country Vacation is saying that your request is under process I tried to book it on thier website as well as I sent e-mail to their customer care e-mail ids in Mumbai and Hyderabad. But still there is no response.

I think this company is cheating us in different ways and we must take serious action toward this company all together.

I'm based in Mumbai, if anyone want to join me in filing the case against this company please let us join our hands and fight all together.

Thanks & best regards,
Shaikh Irfan Ahmed
+91 9769793981
Mumbai

Dear sirs,
As usual we received a call that we are selected to become member on 28 -09-2009. We are called to have meeting
and discussion on 30-09- 2009.We were Promised many things such as Life time free membership of Country Clurb, Free Gift and 30 Years of shared holidays for my family.We have paid Rs. 155,000 (Rs 60,000 by credit Card ,75000Rs by cheque and Rs 20,000 by cash cheque ) on 1-10-2009. We have signed a contract listed all the things promised and
we were told that within 25 working days we will receive membership cards and gift. But till today 20-02 2010 we
have not received any things but false promises.
Now I am very much waried about my money and also about the treatment I will get from country Vacation in future
when I will go to one of there location which is unknown place for my family.
Nitin Desai
201, Shantam Apartment,
Haridas Park,satelite Road,Ahmedabad -380015

Hi,

We also get a call from country vacation yesterday regarding we won lucky prize worth
25000, and when we gone there they made us fool to get into contract with them for membership. now we had paid half of the money to them. so can you please suggest that what should we do next.. shall we pay rest amount or try to get the money back how much is possible.

Thanking you

Vipin Bhansali.
Ph.No. 09036960541
BANGALORE