Delhi

West Delhi

CC/14/587

Rajesh Mehta - Complainant(s)

Versus

Country Club - Opp.Party(s)

14 Mar 2019

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM (WEST)

150-151; COMMUNINTY CENTER ; C-BLOCK; JANAK PURI; NEW DELHI

 

CASE NO. 587/14

Rajesh Mehta 

(Membership No. CCDL10V10LB17766)

C-75A ,Mansrover Garden

Delhi-110015,

Contact No. 41005638,

Mobile No. 9810030263

VERSUS

 

Country Club (India)Ltd.   ( Head Office)

6—3-1219, Begynoetm Gtderavad-500016…..

Ph. No. 040-23402000                                                   Opposite Party

 

 

O R D E R

 

K.S. MOHI, PRESIDENT

 

The complainant has filed the present complaint against the O.P under section 12 of Consumer Protection Act, 1986.  The case of the complaint is that 0n 19.01.2014  he received a telephonic call that he was  lucky winner of a gift of Rs. 25,000/- value  and  he could  collect the same alongwith his wife  from the office of OP  at Rajouri Garden, therefore,  complainant alongwith his wife reached the  scheduled  place  where he was told to fillup a form  by giving details  of his dependent  family  members,  their age, date of birth, profession /business , income and vehicle used. The complainant and his wife  were taken  around   the place specifically gym  where they were told that  gym was free  for members and their family .  They were also told that they would be provided with Five Star facility at their different clubs  around India and would be provided accommodation  and  kitchen for Seven days in a year.  Finally  OP  put  proposal of membership  for ten years alongwith free five holidays of seven days for Rs. 70,000/- .  Thereafter they were taken to a  small room to handover the gift where one  Mr.  Deepak  and Mr. Manoj  Kumar started  impressing  the complainant about benefits of Membership.  Mr. Manojtold  them that club and  other facilities   like  Punjabi Bagh Club could be used for birthday parties of their children and for marriage purpose at very affordable price. They also told complainant that this  offer was for today only.  On insistence of the OP  and promises the complainant   agreed to avail  membership on payment of Rs. 70,000/- with  card number CCD10V10LB17766.They came to know that they were  eligible for only one studio  room instead  of promise of two  rooms and could take only two children below  12 yrs.  Whereas  they had already  given the age of three grown up children  to go for family vacation.  No  free air ticket  for two person anywhere  in India were given to them and that five weeks additional  holiday could be availed  only on extra payment of maintenance  charges of Rs. 6,500/-   for 25 years .  The complainant  submitted that OP made false promises and  assurances to them about the  facilities  of the so called Country Club, therefore, they have filed the present complaint for refund of Rs. 70,000/- with compensation .

2.     OP filed reply stating that the complainant has not approached this Forum  with clean hands.  The complaint has been filed just to harass and extract money from OP. No cause of action has arisen  against OP.  The complainant in the present complaint has approached for refund of membership fee whereas  as per  membership  agreement executed  between complainant and OP it was made clear to the complainant that the amount  towards  membership fee was non refundable .  The complainant after verifying all the terms and conditions and signed the agreement.As per  clause 21 of membership agreement the dispute arisen  between complainant and OPand  should have been referred to arbitration. On merits OP admitted membership but denied the other contents of the complaint. 

3.     Complainant has filed his affidavit affirming the facts alleged in the complaint.  He filed Annexure- 1 to  Annexure-13 in support of his  contents of the complaint. On the other hand Shri Bharat Reddy, Legal Officer of the Opposite Party filed affidavit in evidence on behalf of O.P testifying all the facts as stated in the written statement.  Both parties also filed its respective written submission. 

4.     We have heard the complainant in person and Ld. Counsel for OP and  perused the record.

5.     In the instant case the OP has relied upon the agreement.  The holiday gift vouchers in the name of complainant would in fact  spill all the beans and demonstrate as to  how  lofty promises  were made by OP  and  rosy pictures were shown to trap  hapless customers in  to the clever net of deception of OP.  The contents of gift vouchers by OP are designed in such a way that any credulous person may fall prey to them.  The scheme of club and gift vouchers  would clearly show as to how the innocent  people are trapped in the net .  The OP has failed to provide the facilities promised to the complainant and therefore    amounted to unfair trade practice. 

6.     In view of the discussion stated above, we award  a sum of Rs. 70,000/- in favour of  complainant to be paid by OP within 45 days from receipt of this order failing which  interest @ 6% from the date of institution  of complaint till realization shall be levied.  The complainant is also awarded a sum ofRs.30,000/- towards  mental agony, harassment  and litigation expenses  against OP.

Copy of this order be sent to the parties as per rules.

File be consigned to the record room. 

Announced this____14TH__ day of __March ___ 2019.

 

                               

 ( K.S. MOHI )                                                                    (PUNEET LAMBA)                  

PRESIDENT                                                                            MEMBER