Chandigarh

DF-II

CC/514/2016

Munish Jhanji - Complainant(s)

Versus

Country Club India - Opp.Party(s)

Gitish Bhardwaj Adv.

10 Oct 2017

ORDER

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

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Consumer Complaint  No	:	514 of 2016
Date  of  Institution	:	21.07.2016
Date   of   Decision	:	10.10.2017

 

 

 

 

Munish Jhanji s/o Sh.Gora Lal Jhanji, resident of H.No.1, Street No.1, Professor Colony, Sirhind, District Fatehgarh Sahib.      

             …..Complainant

Versus

1]  Country Club India, Country Club Kool 6-3-1219/A, 2^nd Floor, Begumpet, Hyderabad – 500016, Andhra Pradesh through its Authorised Officer,

2]  Srimoy Banerjee (Venue Manager), Country Club Fitness & Vacations, SCO 44-45, 2^nd Floor, Above Punjab National bank, Madhya Marg, Sector 9-D, Chandigarh 160009

3]  Surindra Singh (Representative), Country Club Fitness & Vacations, SCO 44-45, 2^nd Floor, Above Punjab National bank, Madhya Marg, Sector 9-D, Chandigarh 160009

4]  HDFC Bank, Near Jyoti Swaroop, Main Road, Sirhind, District Fatehgarh Sahib.

                          ….. Opposite Parties

 

BEFORE:  SH.RAJAN DEWAN            PRESIDENT

                                MRS.PRITI MALHOTRA        MEMBER

                                SH.RAVINDER SINGH         MEMBER 

 

 

Argued by: Sh.Gitish Bhardwsaj, Adv. for complainant.

 Sh.Padeep Sharma, Adv. for OPs No.1 & 2.

 Sh.Neeru Sharma, Adv. for OP No.3.

 

 

PER RAVINDER SINGH, MEMBER

 

 

          The facts in issue are that the complainant during the meeting with Opposite Parties was offered Country Club Vacation Plan consisting of various facilities including free access to Golf Club at Chandigarh and being allured by the said offer having different facilities, the complainant opted for the same and paid an amount of Rs.1,01,000/- to the OPs through his Father’s HDFC Credit Card in 12 EMI along with Rs.11,000/- EMI conversion charges.  Accordingly, the complainant got his Membership in Blue Season.  It is averred that on the next day of taking membership, the complainant planned for a vacation in the month of June and login to the app of the Country Vacation, but unfortunately no availability was there to any of the listed Hotels at Manali, Goa and Kerala. The complainant reported this matter to the representative of the OPs, who assured that the complainant will get a call from reservation team soon and will be able to book his holidays, but nothing was done.  It is also averred that the complainant was also not allowed to enter the Golf Club, Chandigarh and there he came to know that there is no tie up between the Country Club and Golf Club.  The complainant took this matter with the OPs upon which the OP No.3 informed that thy shall process the refund after having a word with head office at Hyderabad, but even then no refund was made by the OPs. The complainant also sent a legal notice, but to no avail. Hence, this complaint has been filed alleging deficiency in service and unfair trade practice on the part of the OPs.

 

2]       The OPs No.1 to 3 have filed joint reply and while admitted the factual matrix of the case, stated that the various membership plans, the benefits, duration, price, terms and conditions thereof were explained to the complainant, out of which the complainant opted for Blue Season Premium Plan having a membership period of 10 years, which includes vacations stay for a period of 6 night and 7 days each year, entitling the facility to complainant, his spouse and children (two children below 12 years age).  It is stated that the complainant seems to be confused with other plans and is claiming benefit under higher category plans of higher rates, whereas he was entitled for benefit under Blue Season Premium Plan only as mentioned in the vacation agreement Ann.R-2.  It is also stated that the complainant has taken his own time to taking the membership, signing the agreement and making payment.  It is submitted that the membership fee was settled are Rs.1,01,000/- and complainant offered to pay though his father’s credit card in installment.  It is also submitted that for making payment through credit card, the complainant was required to pay Rs.11,000/- on account of EMI/conversion charges which are paid to the bank and OPs received only Rs.1,01,000/-.  It is further submitted that the procedure to book holidays is mentioned under Clause NO.16 of the agreement.  It is stated that the complainant is merely alleging without any evidentiary proof that he tried to book the holidays the next day i.e. 7.3.2016 and could not get the booking, whereas the available dates as per Ann.C-8 clearly shows the different availability dates at Hotel Country Club De Goa and Hotel Country Club Royale Assagao (Associated property) during June & July. Pleading no deficiency in service and denying rest of the allegations, the OPs NO.1 to 3 have prayed for dismissal of the complaint.

         The Opposite Party No.4 has also filed reply stating that the complainant is not a consumer qua OP No.4 as neither has any credit card been issued to him nor the card in question through which payment has been made belongs to complainant, therefore, complaint deserves to be dismissed.  It is submitted that in case of the usage of the credit card, the payment for which the card is used, is forthwith released by the OP to the merchant, which in the present case is OP No.1 and depending upon the option of the cardholder, the same converted into the repayment in the form of equated monthly installments bearing interest. It is also submitted that conversion of payment into EMI does not mean that the amount is being released by the bank to the merchant in the form of instalments and infact to the contrary, is released against the usage of the credit card forthwith to the merchant and the bank continues to collect the EMI’s from the cardholder by raising the same in the monthly bills as has been done in the present case. Denying rest of the allegations, it is prayed that the complaint be dismissed qua OP No.4.  

 

3]       The complainant has also filed rejoinder reiterating the contentions as raised in the complaint.

 

4]       Parties led evidence in support of their contentions.

 

5]       We have heard the ld.Counsel for the parties and have carefully examined the facts and pleadings along with entire evidence on record.

 

6]       The complainant took membership of M/s Country Club India Limited for a period of 10 years and opted for Blue Season Premium Plan under the terms & conditions applicable thereto in the opted plan.  The complainant along with his wife and two children below 12 years of age were entitled for vacation stay for a period of 6nights & 7 days each year in the Resorts maintained by OPs/associated properties. The complainant had taken the membership on 6.3.2016 after payment of Rs.1,11,000/- with Membership No.CVCDF1V10LB217104 

 

7]       The complainant is practicing Lawyer and keeping in view his Summer Vacations in the courts, he planned holiday with his family in reference to his membership with OP Club.  He tried for reservation in the month of May, 2016 as well as in June, 2016 for holiday reservations in Goa, Munnar, Manali (Ann.C-8 to C-10 Page/32 to 40) in the resorts of Opposite Party Club and on both occasions all were found sold out and the complainant could not get the reservation and as such requested for cancellation of his membership and refund of his money on 8^th April, 2016. 

 

8]       From careful perusal of the evidence on record and the averments made in the complaint as well as the reply filed by the OPs, it is proved beyond doubt that the Opposite Parties No.1 to 3 have miserably failed to provide any service to the complainant despite receiving huge amount of Rs.1,11,000/-.  The OPs No.1 to 3 mischievously by propagating false promises allured the complainant for membership, but later did nothing to provide him the service of their resorts.  The demand of the complainant for refund of his money is fully justified, legal and valid. The OPs No.1 to 3 suffer deficiency of service on their part, which cannot be acquiesced.

 

9]       Keeping into the consideration the facts in issue, the complaint is hereby allowed against Opposite Parties No.1 to 3 with directions to pay back an amount of Rs.1,01,000/- along with litigation cost of Rs.5000/- to the complainant, within a period of 30 days from the date of receipt of certified copy of this order.

         In case the OPs No.1 to 3 failed to comply with the order within the stipulated period, then they shall also be liable to pay compensatory cost of Rs.50,000/- in addition to the relief ibid.

 

10]      However, the complaint qua OP No.4 stands dismissed.    

         Certified copy of this order be communicated to the parties, free of charge. After compliance, file be consigned to record room.

Announced

10^th October, 2017

                                           SD/-

(RAJAN DEWAN)

PRESIDENT

 

 

Sd/

 (PRITI MALHOTRA)

MEMBER

 

 

                                                          Sd/-

(RAVINDER SINGH)

MEMBER