Chandigarh

DF-II

CC/558/2014

Gurmukh Singh - Complainant(s)

Versus

Country Club (India) Ltd. - Opp.Party(s)

In Person

23 Sep 2015

ORDER

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

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Consumer Complaint  No	:	558 of 2014
Date  of  Institution	:	31.10.2014
Date   of   Decision	:	23.09.2015

 

 

 

 

 

Gurmukh Singh s/o S. Sardar Singh resident of #255, Sector 35A, Chandigarh.

             …..Complainant

Versus

 

1]  Country Club India Ltd. through Mr.Vijay Choudhary, DGM (Sales & Marketing) Apna Marine (Adjoining Hotel Aroma), Sector 22C, Chandigarh.

 

2]  Country Club India, Ltd. through its Managing Director, 6-3-1219, Begaumpt, Hydrabad.

 

….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN                 PRESIDENT

         SH.JASWINDER SINGH SIDHU       MEMBER

         MRS.PRITI MALHOTRA             MEMBER

 

 

For complainant(s)      :     Complainant in person. 

 

For Opposite Party(s)   :     Sh. Pardeep Sharma, Advocate.

 

 

PER PRITI MALHOTRA, MEMBER

 

 

          As per the case, the complainant when visited the office of respondent No.1 for collecting free holiday gift its DGM Vijay Chowdhary allured him by saying that they are selling vocational holiday resort having resorts all over India and offered many facilities and benefits from the company and told that the cost of white house is Rs.125000/- but the complainant will be given rebate of 45% on this amount and the amount would be payable to the tune of Rs.68750/-. The complainant purchased the same but the Opposite Parties wrongly debited Rs.80,000/- through Credit Card. It has been alleged that the Opposite Party No.1 had fraudulently taken his signatures on Vocations Purchase Agreement where he was told that the same would come from the head office.  The complainant received the vocations purchase agreement and terms and conditions on 27.10.2013. It has further been alleged that nothing was mentioned in the agreement regarding the benefits and facilities agreed upon at the time of purchase of the vocations resort by  Opposite Party No.1.  The Complainant raised the issue vide letters dated 26.12.2013 and 10.2.2014 with the Opposite Parties but no effect. It has been pleaded that at the time of purchase of vocational holiday resort no terms and conditions were explained to the complainant. When the grievance of the complainant was not redressed he asked the OPs to refund the money paid by him but to no effect. Alleging the said act of OPs as deficiency in service, this compliant has been filed.

 

2]       Opposite Parties in their joint reply stated that the complainant himself approached the representative of the Opposite Party and being satisfied with the terms and conditions of the membership opted by him, he agreed to pay the membership fee. It has been stated that as mentioned in agreement the membership was for Rs.80,000/-. It has been stated that no rebate was given to the complainant as alleged by him. It has been admitted that the representative of the Opposite Parties explained the benefits as available in various plans to the complainant. It has further been stated that Annexure C-2 agreement was entered between the parties, which was duly signed by the complainant after being fully satisfied and understanding the contents thereof. It has further been pleaded that the complainant was not entitled for refund as the same is non-refundable as it was not a deposit.  Pleading no deficiency in service and denying rest of the allegations, it is prayed that the complaint be dismissed.

 

3]       The Complainant also filed rejoinder thereby reiterating the averments as made in complaint and controverting that of the Opposite Parties made in the reply.

 

4]       Parties led evidence in support of their contentions.

5]       We have heard the complainant in person ld. Counsel for Opposite Parties and have also perused the record.

 

6]       The complainant in person submitted that in order to receive free gift voucher, he visited the office of Opposite Party No.1, who in course of discussion allured him to purchase Vacations Purchase Agreement, stating high promises, assurances, offers and benefits of the agreement.  Being allured, the complainant agreed to be the Member of the said Club.  It is submitted that Opposite Party No.1 state that membership fee is Rs.1,25,000/- and will give rebate of 45%, so the complainant was liable to pay a sum of Rs.68750/-.  The complainant submitted that Opposite Party No.1 despite promise withdrew an amount of Rs.80,000/- and when apprised about the mistake, promised to refund the excess amount, which till date has not been refunded by Opposite Party No.1. The complainant further submitted that believing the false promises of Opposite Party No.1, he signed certain papers and was further told that Vacations Purchase Agreement will come from the Head Office at Hyderabad.  It is further submitted by the complainant that when the complainant received the Vacations Purchase Agreement, he found that all the offers and benefits assured and explained at the time of signing the document, were not the part of the agreement. Further claimed that nothing was found mentioned in the agreement as was assured and committed by Opposite Party No.1.  Claimed further that Opposite Party NO.1 misled the complainant by false promises in order to induce the complainant to part with his hard earned money. The complainant claimed further that the complainant after going through the terms & conditions immediately wrote a letter dated 18.11.2014 to the Opposite Party No.2 for the cancellation of the agreement with a request to refund the amount paid, but received no reply from other end.  Thereafter, the complainant wrote two more letters on 10.2.2014 and 26.12.2014 as reminders again claiming for the cancellation of Vacations Purchase Agreement and also for the refund of the money paid. 

 

7]       On the contrary, the ld.Counsel for the OPs submitted that the complainant has no right to ask for the refund of membership fee as the said membership agreement was duly signed by the complainant after going through the terms & conditions of the same.  Submitted further that the complainant himself visited the Office of OPs where the representatives of the OPs explained various plans as were available to the perspective members as per need/wish and requirement of the complainant.  After thorough verification, the complainant with his free consent entered into an agreement with OPs for becoming member of the OPs Club. 

 

8]       The counsel for the OPs referred Clause No.23 & 24 of the said agreement with further reference to the express clause in the said membership agreement:-

“AND WHEREAS the Second Party hereby unconditionally gives his/her/their irrevocable consent to this vacation of CCIL.  The Second Party understands that THE VACATION CHARGES IS NON-REFUNDABLE UNDER ANY CIRCUMSTANCES and that THE VACATION FEE IS NOT A DEPOSIT.

 

Clause 23:           SECOND PARTY has understands the benefits available under the vacations scheme which are more particularly listed out in this Agreement. SECOND PARTY further understands that no benefits other than those listed in this Agreement will be available to SECOND PARTY.

 

Clause 24.           SECOND PARTY understands that this agreement (in the printed form ONLY) SUPERCEDES any communication whether written or oral or any variation or hand written remarks rewriting the printed Agreement made by the Agents and/or representatives of CCIL or SECOND PARTY to this Agreement and/or any other written communication issued by CCIL representatives (including on Company Letter Head or STAMP PAPER). Further, SECOND PARTY understands that the benefits and terms of the vacations as set out in this Agreement are final and binding on CCIL, and SECOND PARTY.”    

        

9]       Annexure C-1 placed on record by the complainant, which is Holiday Gift Voucher, reveals that it is the OPs who invited the complainant at their end to receive same and not the vise-versa as claimed by the OPs in their written statement that the complainant approached them to become a member of their Club.  There is no denial of the fact that the Vacations Purchase Agreement (Ann.C-2) was signed by the complainant at Chandigarh as second party to the contract and the same was signed at Hyderabad by the Competent Authority of the OPs, meaning thereby that the contract between the parties completed when the same was signed by the OPs being the first party to the contract. 

 

10]      It is further clear on record that the complainant on being received the copy of the said agreement on 27.10.2013 disputed the terms & conditions mentioned in the agreement being contrary to the assurances, promises made by the representative (OP No.1) of the OP No.2 at the time of signing the said agreement. The complainant vide letter dated 18.11.2013 followed by registered reminders dated 26.12.2013 and 10.2.2014 respectively called upon the OPs to cancel the said agreement and also claimed for the refund of the money paid. To corroborate, it is right to mention the relevant extract/contents of the said letter written by the complainant to the OPs.

         Letter, dated 18.11.2013 (Annexure C-3)

5.       That at the time of purchase the vocation no term and conditions were explained nor the time has been given to study it.  It was told that there are routine clauses and there will be no any effect on the facilities and benefits as explained by the DGM (sales & Mkdg) at Chandigarh.  On believing the version of DGM and in goodfaith I signed the agreement. 

6.       That on receiving the vocation agreement I saw that nothing has been mentioned in the agreement as explained and promises made by the DGM, Chandigarh.

 

Letter dated 26.12.2013 (Ann.C-4)

 

“With reference to my letter dated 18/11/13 vide which I requested to cancel the Vocational Agreement as I am not satisfied with your terms & conditions.  Secondly I wish to say that nothing has been written the agreement as promises by your Chandigarh office.

Due to wrong commitment made by your Chandigarh office, I want to cancel the agreement.”

 

Letter dated 10/2/14 (Ann.C-5)

 

In continuation of my letters dated 18/11/13 and 26/12/13 respectively vide which I requested you to cancel the vocational purchase agreement.

In this connection I wish to say that you have not replied my letters till today.

However I am enclosing herewith the photo copies of both the letters for your ready reference and to do the needful.

It is, therefore, requested to you to kindly cancel the vocations purchase agreement as per the reasons written in my earlier letter dated 18/11/13 and refund my money amounting to Rs.80000/- alongwith 18% interest within 15 days otherwise I will be compelled to knock the door of appropriate court of law.”

 

11]      The record reveals that the OPs despite receipt of the letters failed to respond and come forward to answer only when the complainant filed the present complaint claiming deficiency in service and unfair trade practice on the part of the OPs.  The OPs in their defence pleaded that the complainant out of his free will signed the Vacations Purchase Agreement after understanding all the terms & conditions of the same and once the said offer was accepted, it becomes a complete contract and the complainant cannot go out of the same. 

 

12]      We do not agree with the contentions made by the Opposite Parties as one of the vital conditions of the contract is that there must be free will of the parties and there must be meeting of minds on the terms & conditions of the contract in the similar way. Even in the Indian Contract Act, some of the contracts are voidable when the same are based on or created by mis-representation.  In the present complaint too, the complainant claimed that he was allured and explained about the different terms, benefits and facilities, which were not part and parcel of the copy of the agreement received by him.  It seems that the complainant never get an opportunity to go through the terms & conditions of the said agreement while signing the same, being influenced by the allurements made by the representative of the OP-2 and only get an opportunity to read the same when the copy of the said agreement landed in the hands of the complainant on 27.10.2013.

 

13]      We are of the opinion that the complainant without any delay apprised OPs that the terms & conditions of the present agreement were not inconsonance with the initial proposal or invitations to offer made by the representative of the company. By not honouring the request of the complainant to cancel the contract and by not refunding the amount, the OPs are found to be deficient in rendering service and indulging into unfair trade practice. 

                 

14]      In view of the above discussion, we are of the opinion that the complaint deserves to be allowed.  Accordingly, the complaint is allowed and the Opposite Parties are jointly & severally directed as under:-

        

a]  To refund Rs.80,000/- along with interest @9% per annum from the date of payment/agreement 8.10.2013 till it is paid;

 

b]  To pay Rs.10,000/- as compensation for causing mental agony and physical harassment to the complainant.

C]  To pay Rs.7,000/- towards litigation expenses.

 

         The above said order shall be complied with by the Opposite Parties within 45 days of its receipt, failing which they shall be liable to pay interest on the refund of Rs.80,000/- at the rate of @18% per annum, instead of 9% p.a., from the date of payment/agreement 8.10.2013 till it is paid and to pay compensation amount of Rs.10,000/- along with interest at the rate of 18% p.a. from the date of filing this complaint till it is paid, besides paying litigation expenses of  Rs.7,000/-. 

 

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

Announced

23.09.2015          

                                                                                       Sd/-

 (RAJAN DEWAN)

PRESIDENT

 

Sd/-

 (JASWINDER SINGH SIDHU)

MEMBER

 

 

Sd/-

(PRITI MALHOTRA)

MEMBER

                                                                                                                        

 

 

DISTRICT FORUM – II

CONSUMER COMPLAINT NO.558 OF 2014

PRESENT:   None   Dated the 23rd day of September, 2015

O R D E R                        Vide our detailed order of even date, recorded separately, the complaint has been allowed against Opposite Parties.                    After compliance, file be consigned to record room.

 

(Priti Malhotra)	(Rajan Dewan)	(Jaswinder Singh Sidhu)
Member	President	Member