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promises had not been fulfilled and was not prepared to continue the relationship with such bitter experiences at the initial stage only and thus there is deficiency in service on the part of OP.
2. On these allegations the complainant has filed the complaint praying for direction to OP to refund the amount of Rs.1,00,000/- which was paid by the complainant to OP alongwith interest @ 24% p.a. as well as compensation of Rs.50,000/- for causing mental agony and harassment and has also sought Rs.15,500/- towards cost of the petition.
3. OP has been contesting the case and filed written statement where in OP submitted that the complaint is not maintainable and is liable to be dismissed. OP further submitted that M/s. Country Club India Ltd. has now been officially changed to M/s. Country Club Hospitality and Holidays Ltd. w.e.f. 27.11.2014. OP further submitted that the complainant visited OP’s office on his own desire without inducement and/or misrepresentation, by his free will and on enquiries being made the complainant was explained in detail about the products and services. OP further submitted that the complainant sat for a few hours with the representatives of OP and after careful deliberations and on being thoroughly satisfied with all the terms & conditions as well as after going through the fine print of the agreement and understanding the benefits of the membership, he expressed an interest in purchasing membership of
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the services offered by OP and he decided to purchase a membership of OP worth Rs.1,50,000/- which was taken at a cash out of Rs.1,25,000/- and it was made clear to him that cash out price was conditional and failure to pay the entire amount in a specified time, makes the complainant liable to pay the actual price of the membership (Rs.1,50,000/-). OP further submitted that the complainant without any coercion or inducement, voluntarily paid Rs.1,00,000/- and assured that he will pay the remaining amount at the earliest, failing which he shall disentitle himself from cash out price and he was allotted a membership number CCDL11V30LB18724 and it was made clear to the complainant that the membership fee so paid was non-refundable and the complainant was also taken through the agreement and explained in detail that failure to pay the remainder Rs.25,000/- shall disentitle him to the cash out price and he will have to pay Rs.1,50,000/- and the complainant understood all the aforesaid facts. And the complainant chose to make a part payment of Rs.1,00,000/- only and expected all the benefits to be given to him and the complainant failed to utilize the cash out price and became liable to pay Rs.1,50,000/-. OP further submitted that buying the said membership and subject to full consideration paid, the complainant was entitled to services which were set out in the agreement that was affirmed and signed by him and the
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complainant was eligible for availing six nights and seven days vacation every year for 30 years in Blue Season and he was also conditionally entitled to two air tickets, however, that was subjected to a one-time payment of the full membership fee which the complainant admittedly did not pay. OP further submitted that the complainant’s main grievance appears to be an alleged verbal assurance given by the representative of OP regarding cost of the membership, however, the said assertion is contrary to the record of the cash, especially the binding agreement that the complainant entered into with the OP and the complainant’s case is based only on alleged verbal communications that he claims to have had with persons he claims to have interacted within course of taking the membership. OP further submitted that both the parties had also agreed to the “cooling off” clause as per the agreement and as per clause 31, the complainant had an occasion to apply for cancellation of membership within 10 days of taking the membership by following due procedure mentioned in the said clause of the agreement and the complainant chose not to exercise that option because at that stage, it appears he did not have any grievance and it appears he was hoping he will arm-twist and force the OP into giving him further discounts bypassing the agreement. Hence the complaint is liable to be dismissed.
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4. The complainant filed rejoinder to the written statement filed by OP and denied the submissions of OP.
5. In order to prove his case, the complainant filed his affidavit in evidence and also filed written arguments. The complainant has also filed copies of mail communications between the parties through e-mail and copy of legal notice dated 29.09.2014 sent by the complainant through his Counsel to OP by mail alongwith postal receipt and tracking report.
6. Whereas on behalf of OP Sh. Bharat Reddy, Legal Officer of OP filed his affidavit in evidence which is as perdefence taken by the OP in the written statement. OP also filed Application Form No.94635, copy of letter dated nil sent by OP to the complainant and copy of Only Vacations Agreement (No Club). OP also filed written arguments.
7. During the course of arguments, Ld. Counsel for the complainant relied upon the following authorities:
i) Appeal No. 100 & 10212010 of 2010 in case entitled M/s Country Club Vs. L. Mahadevan decided on 15.02.2010 by Hon’ble State Commission, Bangalore.
ii) Appeal No.343 of 2016 in case entitled Country Club (India) Ltd. Vs. Sanjana Kaundal decided on 23.03.2017 by Hon’ble State Commission, Chandigarh.
iii) AIR 1997 SC 533 in case entitled M/s Fair Air Engineers Pvt. Ltd. Vs. N.K. Modi decided by Supreme Court of India on 28.08.1996.
iv) FA No.746/2012 in case entitled Rahul Jain Vs. Country Club (India) Ltd. & ANR. decided by Hon’ble State Commission, Delhi on 06.05.2014.
v) AIR 1986 SC 1571 in case entitled Central In Land Water Transportation Ltd. &Anr. Vs. Brozo Nath Ganguly&Anr.
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8. This forum has considered the case of the parties in the light of evidence and documents placed on record by the parties.
9.This Forum has considered the fact that OP has not disputed the factum ofreceiving an amount of Rs.1,00,000/- from the complainant. The OP has not disputed the special offers/benefits which were offered to the complainant at the time of booking membership of the complainant. We are of opinion that the agreement which was executed between the parties was a one sided agreement and OP has unduly taken advantage of the position of the complainant and as such there is no genuineness in the defence of OP. After receiving request letter from the complainant about refund of the membership fee the OP ought to have refunded the said amount which OP has failed. Thus, there is a deficiency in service and unfair trade practice on the part of OP and OP is held guilty accordingly.
10. Accordingly, OP is directed as under:
i) To refund to the complainant an amount of Rs.1,00,000/- alongwith interest @ 6% p.a. from the date of filing of the complaint till realization of the full amount.
ii) To pay to the complainant an amount of Rs.25,000/- as compensation towards mental agony and harassment caused.
iii) To pay to the complainant an amount of Rs.8,000/- towards litigation cost.
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11. The above amount shall be paid by the OP to the complainant within 30 days from the date of receiving copy of this order failing which OP shall be liable to pay interest on the entire awarded amount @ 12% per annum from the date of receiving copy of this order till the date of payment. If OP fails to comply the order within 30 days from the date of receiving copy of this order, the complainants may approach this Forum u/s 25 of the Consumer Protection Act, 1986.
12. Let a copy of this order be sent to each party free of cost as per regulation 21 of the Consumer Protection Regulations, 2005. Thereafter file be consigned to record room.
Announced on this 12th day of July, 2019.
BARIQ AHMED USHA KHANNA M.K. GUPTA
(MEMBER) (MEMBER) (PRESIDENT)
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UPLOADED BY:- SATYENDRA JEET
