Order No. 18 dt. 01/06/2017
The fact of the case in brief is that the complainant entered into an agreement with the o.p. on 21/01/2014 and availed the holiday facilities from o.p. upon payment of Rs. 1,00,000/- only vide receipt no. 011416F-3778. After the annual examination of his son complainant wanted to avail of the holidays in terms of membership card and tried to book a holiday package online. But on every occasion that website reflected that a mandatory meal charges have to be paid prior to the confirmation of booking though there was no such mandatory terms in the agreement. Rather, there is the provision that it is not compulsory to consume food or beverages from the Resort outlet. Complainant communicated with the sales and marketing office of the o.p. to clarify the ambiguity but o.p. did not give any reply. Then the complainant issued a letter dt. 21/02/2014 narrating the total facts but o.p. did not bother to reply. Seeking no other alternative complainant desired to get rid of unwanted and overburdened facility service charges of the o.p. and therefore issued a notice dt. 04/04/2014 through his advocate to look into the matter. But o.p. did not give any reply to that effect. Hence the application praying for refund of Rs. 1,00,000/- along with compensation of Rs. 1,50,000/- and cost.
Sole o.p. appeared before this Forum and contested the case by filing w/v. in their w/v o.p. denied all material allegations inter alia stated that complainant entered into the agreement with the o.p. after going through the terms and conditions of the agreement and duly put his signature and as such it is well known by the complainant regarding the terms and conditions of the agreement in question. The agreement was signed by and between the parties on 21/01/2014 and non-performance of duty and obligation on the part of both of parties is a case of violation of the terms and conditions of the agreement. Clause no. 19 and 20 of the agreement specifically mentioned that “That the second party understand that he / she will have to pay tax and other levies levied by the government i.e. Luxury tax / service tax and additional taxes as may be applicable from time to time” and “Outside food / beverages are strictly not allowed in the clubs / resorts. Charges for consumables such as food, beverages and other facilities available by the members and the guests will be determined by the management from time to time and should be cleared on a day to day basis. No credit facilities will be extended to the member”.
Complainant acknowledges and confronts that all the terms and conditions, rules and regulations, by-laws of CCIL shall be fully and completely binding on them on signing of this agreement. Complainant entered into this agreement at their free will and there was no compulsion or coercion or undue influence exercised by CCIL and / or its agents / representatives. There is clear provision in the agreement that ‘the member is unconditionally given his irrevocably consent to purchase the membership of CCIL and 2nd party understand that the membership fees is non-refundable under any circumstances and membership fees is not a deposit.’
The prayer for refund shall not arise at all and as regards the question of service the o.p. is / was all along ready to provide the services to the complainant and as such there is no deficiency in service and / or unfair trade practice on the part of the o.p. Therefore the complainant is not entitled to get any relief and accordingly the case may be dismissed with exemplary cause.
Decisions with reasons :-
We have gone through the pleadings of the parties and documents in particular. It is admitted fact that the complainant entered into an agreement with the o.p. on 21/01/2014 and availed the holiday facilities from o.p. upon payment of Rs. 1,00,000/- only vide receipt no. 011416F-3778. It is also admitted fact that complainant wanted to avail of holiday package provided by the o.p. But when he wanted to book the package online complainant had been charged for the food and beverages for which he did not order the same. It is curious enough that the complainant had been charged prior to the consumption of the same. Complainant communicated with the o.p. in several ways for clarification but o.p. did not bother to reply the same. In their w/v o.p. did not utter a single word as to why and how the complainant was liable to pay on the very onset of the booking of the rooms, the charges regarding the consumption of food and beverages before the same had been consumed. O.p. did not file a scrap of paper which would reveal that the complainant was liable to pay the charges regarding the food and beverages without consuming the same. Being frustrated complainant requested for refund of membership fees. He paid a lump sum amount of Rs. 1,00,000/- to avail of holiday packages which was assured by the o.p. At the time of presentation o.p. allured the complainant that they would provide a standard holiday package and to enjoy the same hassle free complainant signed the agreement. But at the time of first booking by the complainant for the holiday packages o.p. charged for food and beverages arbitrarily. When complainant enquired about the same o.p. did not bother to reply. O.p. also did not furnish any document in support of their charges for the food and beverages without consuming the same.
In view of above we find deficiency in service on the part of the o.p. and as such complainant is entitled to get relief.
As a complainant petition succeeds.
Hence,
ordered,
that the case no. CC/287/2014 is allowed on contest with cost. The o.p. is directed to refund Rs. 1,00,000/- (Rupees One Lakh) only to the complainant along with compensation of Rs. 20,000/- (Rupees Twenty Thousand) only for causing harassment and mental agony and cost of Rs. 5,000/- (Rupees Five Thousand) only within 30 days from the date of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
