Delhi

West Delhi

CC/13/12

NEERA - Complainant(s)

Versus

COUNTRY CLUB - Opp.Party(s)

28 Mar 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

CASE NO.  12/2013

SMT. NEERA MAGGON

W/o SH. MAHESH MAGGON,

R/o B-303, PLOT NO. 3,

SECTOR-12, DWARKA,

NEW DELHI-110078.                                                        …..Complainant

VERSUS

COUNTRY CLUB (INDIA) LTD.

Through ITS DIRECTOR,

REGD. OFFICE AT AMRUTHA CASTLE

5-9-16, SAIFABAD, OPP. SECRETARIAT,

HYDERABAD, ANDHRA PRADESH-500063.…..Opposite Party-1

 

THE COUNTRY CLUB INDIA LTD.

ADD-S-07, 2^ND FLOOR, TDI MALL,

RAJOURI GARDEN,

NEAR ARCHIES GALLARY,

NEW DELHI-110027.…..Opposite Party-2

O R D E R

K.S. MOHI, PRESIDENT

          The complainant has filed the present complaint against the OPs under section 12 of the Consumer Protection Act, 1986. Briefly the contents of the complaint as stated by the complainant are that representative of OP-2 offered membership of OP-1 and on persuasion of OP-2 the complainant considered to take Gold Card membership of OP-1 and was assured and promised that free life time club membership and facility of bookings in their property on top priority basis even in peak season. The complainant took membership by paying a sum of Rs. 1,33,500/- through credit card.  It is alleged that OP-1 issued three cards to the complainant and assured that free life time membership of Panchsheel Club, Safdarjung club and AnandNiketan in Delhi and Heritage at Manesar, also she would be entitled for free access to all 55 clubs all over India owned by OP-1, free passes to the Blockbuster Events/New Year Eve/Diwali Mela/all festival season, also promised for 4 air tickets out of which 2 vouchers were given and 2 were promised to be given by post, invitation for free birthday/marriage anniversary celebration and even promised to provide studio apartment for 6-7 days free of cost annually with annual maintenance fee of Rs. 6500/-. It is further alleged that OPs charged excess amount from the complainant and when the facts came to her knowledge she approached Mr. Rehman executive of OP-2 who admitted a sum of Rs. 3500/- as the excess amount and assured to be adjusted in future. It is alleged that when the complainant tried to book the property at Gangtok and Ooty the OP charged Rs. 12000/- to 18000/- for 3-4 days instead of Rs. 500/- to Rs. 700/-. The complainant alleged that she was shocked to know that there is no availability of associate club of OP. It is alleged that the OPs has illegally grabbed the hardened money by adopting unfair trade practice. The OP also took signature of the complainant on agreement without showing the contents of the same and manipulated the agreement and intentionally mentioned blue season without intimation to the complainant. Therefore, the OP was deficient in services by not providing facilities as per agreement. The complainant contacted OP several times and requested to redress the grievance of the complainant but to no effect. However, despite request no services were provided to the complainant as per the agreed terms and conditions and the complainant has no option to except to cancel the membership and requested to refund the amount to OP. But, no action was taken by the OPs. Hence, the present complaint for directions to OPs to refund a sum of Rs. 1,33,500/- alongwith interest and a sum of Rs. 80,000/- on account of mental, physical, financial harassment and litigation expenses.

          After notice, the OP appeared and filed the reply to the complaint admitting that the complainant has paid a sum of Rs. 1,33,500/- towards membership fee and agreement was executed on 04.10.2010 and as per the agreement the complainant was entitled for Billionaire Gold-30 years membership for 6 night 7 days under Blue Season Complementary Vacation Membership. It is further averred that as per the membership agreement the complainant could avail the facilities during the Blue Season and complainant also agreed to pay annual maintenance charges of Rs. 6000/- irrespective of utilization of vacation.  It is averred that the complainant after going through the terms and conditions of the agreement signed the document and as per the agreement membership fee was non-refundable. It is further, averred that the complainant even failed to pay annual maintenance charges and was herself negligent. Hence, there is no deficiency on part of OP. On other hand, the complainant herself negligent. It is averred that the complainant thoroughly read the contents of the agreement and after that willfully signed the agreement. The agreement clearly stipulated that the membership fee is non-refundable. Apart from this the OP has never failed to service to the complainant but on other hand the complainant not tried to avail services. Hence, prayed for the dismissal of the complaint.

          The complainant filed rejoinder to the reply of OP reiterating the contents of the complaint and rebutting the averments of OP.

          When the parties were asked to lead evidence the complainant filed affidavit of evidence testifying the contents of the complaint on oath and relied on Ex. CW1/A—CW1/H. The OP filed affidavit of evidence of Sh. Sanjay Ghosh, Assistant General Manager (Accounts & Admn.) reaffirming the facts stated in the reply and rebutted the allegations of complaint. Written arguments also filed by complainant and OP.  

We have heard counsel for complainant. Despite opportunity none put in appearance on behalf of OP to advance arguments but written arguments are filed by OP.

           We have heard Ld. Counsel for the parties and perused the record. The factual position regarding issuance of club membership by OP is not in dispute. The plea taken by OP is that the membership fees disputed by complainant to the tune of Rs. 1,33,500/- was non-refundable as per the terms and conditions of the agreements. Therefore, the complainant has no case. We have gone through the membership agreement with great circumspection. Unfortunately, we failed to find any condition relating to the fact that the membership amount was non-refundable. In fact no terms and conditions has been mentioned in the membership agreement. The mischievous act on the part of the OP is clear from the perusal of the membership agreement because the OP would never incorporate the terms and conditions in this document and whenever a legitimate claim is filed by innocent people they would take out the plea of terms and conditions. It is the height of the situation as to how these unscrupulous people usurp the hardened on money of credulous people under the garb of terms and conditions. This kind of device designed by OP is no less than an unfair trade practice which needs to be dealt with stern hand.

          Keeping in view above circumstances and observations, we are of the opinion that OP has committed deficiency in the services and the act of OP was also amounted to unfair trade practice.

          In view of the circumstances and observations stated above, complaint is allowed. OPs are directed to pay a sum of Rs. 1,33,500/- with interest @ 6% from the date of filing the present complaint till actual realization and further we award a sum of Rs. 20,000/- towards mental, agony and physical harassment and litigation expenses within 45 days from the receipt of the order. In case of default of payment in time OP-1 shall be liable to pay interest @ 6% p.a. from the date of filing of the complaint till actual realization.

File be consigned to Record Room.

          Copy of Order be given as per rules.

          Announced this _______28TH____March, 2019.

 

(K.S. MOHI)                                                                             (PUNEET LAMBA)

PRESIDENT                                                                                  MEMBER