Order No.  22  dt.  28/02/2017

            The fact of the case in brief is that the father of the complainant Mr.Subhas Y Mantri was a member of o.p. since 02.07.2009. On 26.09.2011 the membership was  transferred in the name of the complainant on payment of Rs.50,000/-. Complainant also paid Annual Maintenance Charges for two years on 30.08.2012 in advance. Complainant contacted with o.p. in the month of August,2012 for a vacation. Complainant communicated with the o.p. almost 50 days in advance as per rule of the company. The booking was requested for holidays in Jaipur for three days and three nights at K K Royal Hotel and Convention Centre. Confirmation of the booking was communicated to the complainant through mail. Complainant  contacted with o.p. for confirming two(2) rooms instead of one (1) room at the aforesaid hotel. The o.p. assured for the same. But o.p. failed to provide the  2^nd room and cancelled the entire booking. The complainant already took the leave from the company where he was working. The entire leave got wasted and caused a great mental agony not only to the complainant but also to his family members who were supposed to be  accompanying him to Jaipur. The o.p. promised lot of service at the time of taking membership fees and AMC. The o.p. also could not provide any proper facilities to the father of the complainant. Complainant transferred the membership in his name with the hope that the o.p. will be able to provide proper service in Kolkata. He thought since his father was leaving in Delhi for the past few years o.p. could not provide proper service to his father. After various communication with the o.p. complainant came to know that o.p. would not provide any vacation. Complainant requested several times for refund of money. But in vain. Hence the application praying for refund of membership transfer fee of Rs.70,000/- paid by complainant’s father, refund of membership fee of Rs.50,000/- paid by the complainant, refund of Rs.8826/- as AMC paid by complainant along with compensation of Rs.1,00,000/- and cost.

          O.p appeared before this Forum and contested the case by filing written version. In their w/v o.p denied all material allegation inter alia stated that complainant signed the agreement with the Country Vacation on 26.09.2011 but most unfortunately complainant claimed for refund of money, compensation, cost etc. Since complainant failed to incorporate Country Vacation as a party to this case the present o.p. is no way liable or responsible for entering into agreement with the complainant. No promise has been made by this o.p.. No consideration money has been received by them. As per company’s Act, 1956 there is self-memorandum as well as the Board of Directors etc. and both the Division of the Company can act individually and independently as per their own constitution and another Division of the Company and as such any act done by one division of company for that the another division of company cannot be held responsible for the act if any done by the another Division of Company, which the complainant failed to understand the purpose and meaning of the Division of the Company followed and constituted under the Companies Act,1956 and as such the present complaint filed by the complainant is not maintainable against the present o.ps for which the o.p. for which the o.p. may be expunged    from the instant case unconditionally for the interest of justice. Considering the question of facts and law involved in the case, the o.p. prays for dismissal of the case in limini with exemplary cost upon the complainant.

Decision with reasons

          We have gone through the pleadings of the parties and evidence in particular. It is admitted fact that the complainant became a member of  Country  Club India Limited by virtue of agreement dated 26.09.2011 on the terms and conditions mentioned therein.  In terms of the agreement the complainant was entitled to vacation in various places in India and/or at party’s own places managed by o.p. i.e. Country Club India Limited for the purpose of a holiday for 3 days and 3 nights. Complainant opted for a vacation and initiated to book holidays with the o.p. in the month of August, 2012. Complainant opted for booking of two rooms for the aforesaid vacation during the period from 23^rd  to 26^th  December,2012 in Jaipur. Accordingly complainant paid Rs.8826/- on 30.08.2012 as AMC. Complainant also paid Rs.50,000/- on account of Membership fee on 30.08.2012. Though complainant opted for booking of 2 rooms for 3 days and 3 nights at K K Royal Hotel and Conventions in Jaipur,  o.p. confirmed only one room instead of 2 rooms. Thereafter series of correspondences were made by exchanging email telephonic conversation and so on. Unfortunately  o.p. failed to provide the 2 rooms booking for the complainant and ultimately o.p. cancelled the entire booking on 26.09.2012 through email without prior intimation whereas check-in time was 20.10.2012 and check-out time was 23.10.2012. Due to this act of o.p. complainant faced extreme hardship and difficulties. Complainant prepared the entire itinerary for the tour which would cover many spots and cities as well as historical places of interest in Rajasthan and Delhi. Complainant and his family members faced tremendous mental agony for such sudden cancellation by o.p.

          O.p. has taken the  plea that the membership fee is non-refundable. But o.p. did not explain anything that why the 2^nd room was not booked for the complainant and the entire booking was cancelled Thereafter o.p. also took the plea that the agreement was made between complainant and the Country Vacation. But from the document we have observed that Country Vacation is a division of Country Club Ltd. Moreover  this plea was taken by the o.p. earlier by filing the application challenging the maintainability of the case and this Forum by its order dated 18.03.2014 disposed the petition holding that the case is maintainable. Membership receipt was also given by Country Club India Limited i.e. o.p.

          In view of above we find that there is deficiency in service and unfair trade practice on the parts of o.ps by not providing any service to the complainant and as such the complainant is entitled to get relief.

          It is to be noted here that in the prayer portion complainant prayed for refund of Membership fee of Rs.70,000/- paid by complainant’s father. But the instant case was filed by the complainant only. No document has been annexed by the complainant’s father in regard to the Membership fee of Rs.70,000/-. Moreover complainant had not mentioned any deficiency in service on the part of o.p. to his father. The dispute between his father and the o.p., if any, is not the issue of the present complaint petition. Therefore the prayer for refund of Membership fee paid by complainant’s father cannot be considered.

Hence, ordered

          that the case no.426/2013 is allowed on contest with cost.

The o.p. is directed to refund the membership fee of Rs.50,000/- and Rs.8,826/- as AMC to the complainant along with  compensation  of Rs.20,000/- and litigation cost of Rs.5,000/-. O.p. is also directed to pay the aforesaid amount within 30 days from the date of communication 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.