Chandigarh

DF-I

CC/696/2016

Dr. Harjinder Kaur - Complainant(s)

Versus

Country Club Hospitality & Holdays Ltd. - Opp.Party(s)

Sahil Khunger

18 Apr 2018

ORDER

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

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Consumer Complaint  No	:	CC/696/2016
Date  of  Institution	:	26/08/2016
Date   of   Decision	:	18/04/2018

 

 

 

 

 

 

Dr. Harjinder Kaur C/o Avtar Hospital, Opposite Civil Hospital, Tantry Market, Barnala, Punjab.

….Complainant

 

VERSUS

 

 

[1]   Country Club Hospitality and Holidays Limited, 6-3-1219, Begumpet, Hyderabad-500016, through its Managing Director/ Authorized Officer.

 

[2]   Country Club Limited, Shop No.44 and 45, 2^nd Floor, Above Punjab National Bank, Sector 9-D, Madhya Marg, Chandigarh, through its Managing Director/ Authorized Officer.

…. Opposite Parties

 

BEFORE: SH.RATTAN SINGH THAKUR         PRESIDENT

MRS.SURJEET KAUR                     MEMBER

                SH.SURESH KUMAR SARDANA     MEMBER

 

For Complainant	:	Sh. Sahil Khunger, Advocate.
For Opposite Parties	:	Sh. Pradeep Sharma, Advocate.

 

PER SURJEET KAUR, MEMBER

 

 

 

              Briefly the facts giving rise to the present Consumer Complaint are that lured by the various assurances given by the Executive of Opposite Parties with regard to the hotel accommodation, free gift vouchers etc., the Complainant became Member of Blue Season Studio of Opposite Parties for a period of 30 years, by paying a sum of Rs.2,00,000/- (Rs.50,000/- in cash and Rs.1,50,000/- through Cheque). It has been alleged that the Complainant planned a holiday tour, but no bookings were accepted by the Opposite Parties citing the reasons that all booking were full, with an advice to the Complainant to book the holiday for next year. As such, the Complainant opted to cancel his holiday tour and stopped payment of Rs.1,50,000/- which was paid to Opposite Parties through Cheque. Thereafter, the Complainant requested the Opposite Parties to cancel her membership and to refund Rs.50,000/-, but to no success. With the cup of woes brimming, the Complainant has filed the instant Consumer Complaint, alleging that the aforesaid acts amount to deficiency in service & unfair trade practice on the part of the Opposite Party.

 

2.        Notice of the complaint was sent to Opposite Parties seeking their version of the case.

 

3.        Opposite Parties in their written statement have pleaded that services to be provided to the Complainant were strictly as per the terms and conditions of the Agreements. The Complainant did not pay the full consideration amount under the Agreements and deliberately stopped the payment of Rs.1,50,000/- tendered through Cheque due to change of her decision after making initial payment of Rs.50,000/- in cash and signing the Agreements. It has been asserted that Rs.8500/- were annual maintenance charges which the Complainant was bound to pay in order to enjoy uninterrupted services, which she did not pay disentitling her to get booking under the Membership. It has been urged that no request whatsoever was ever made by the Complainant for booking of any holiday. Denying all other allegations and stating that there is no deficiency in service on their part, Opposite Parties have prayed for dismissal of the complaint.

 

4.        Controverting the allegations contained in the written statement and reiterating the pleadings in the Complaint, the Complainant filed the replication.

 

5.        Parties were permitted to place their respective evidence on record in support of their contentions.

 

6.        We have heard the Ld. Counsel for the Parties and have also perused the record.

 

7.        The main allegation in the present Complaint is that despite payment of Rs.50,000/- as membership fee the Opposite Parties refused to book the holidays for her taking the false plea of non-availability of the accommodation which she was interested for. Now, present Complaint has been filed by the Complainant with the prayer for the refund of the amount already paid to the Opposite Parties due to refusal by them for booking the holidays.  Admittedly, the Complainant stopped the payment of Rs.1,50,000/- which she tendered through a Cheque due to the attitude of the Opposite Parties for non-booking of the holidays for her and her family. Perusal of Annexure C-4 the welcome letter dated 08.09.2015 shows a debit balance of Rs.2,00,000/- in the payment details as the same was agreed consideration amount for the membership, but the Complainant herself chose to stop the payment of Rs.1,50,000/- tendered through Cheque.  So far as the allegation of the Complainant with regard to the refusal by the Opposite Parties to her request for booking the required holidays is concerned, we do not find any merit in the same, as there is not even a shred of evidence to prove that she ever planned a holiday and accordingly made inquiries from the Opposite Parties. Furthermore, there is no document on record to suggest as to when and for which location the Complainant planned holidays.  Also, there is nothing on record in the shape of any message/e-mail/ correspondence to suggest that the Opposite Parties ever refused such a booking when made by the Complainant. Thus, the aforesaid allegation of the Complainant being mere bald assertions and vague in nature cannot be accepted at her face value.  In our opinion, as the Complainant did not pay the full consideration amount under the Agreement and deliberately/ intentionally stopped the payment of Rs.1,50,000/- without any specific mention of the reason in the Complaint, she cannot be held entitled to the refund of the Membership fee paid by her.

 

8.        Taking into consideration all the facts and circumstances of the case, we have no hesitation to hold that the Complainant has failed to prove that there has been any deficiency in service on the part of the Opposite Parties or that the Opposite Parties adopted any unfair trade practice. As such, the Complaint is devoid of any merit and the same is hereby dismissed, leaving the parties to bear their own costs.

 

9.        The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced                        

18.04.2018

                                 Sd/-

(RATTAN SINGH THAKUR)

PRESIDENT

Sd/-

(SURJEET KAUR)

MEMBER

Sd/-

                       (SURESH KUMAR SARDANA)

MEMBER

“Dutt”