Karnataka

Bangalore 4th Additional

CC/1344/2016

A K Lakshmanan, - Complainant(s)

Versus

Country Vacations, A Division of Country Club I Ltd., - Opp.Party(s)

12 Oct 2018

ORDER

Complaint filed on: 03.10.2016

                                                      Disposed on: 12.10.2018

 

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

 1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027       

 

 

CC.No.1344/2016

DATED THIS THE 12^th OCTOBER OF 2018

 

PRESENT

 

 

SRI.S.L.PATIL, PRESIDENT

SMT.N.R.ROOPA, MEMBER

 

Complainant/s: -                           

A.K.Lakshmanan,

Advocate,

Aged about 64 years,

S/o Late Sri.A.N.Krishnan,

R/at no.6, ‘Pooja’,

7^th Main (Pipeline Road),

AGs office layout,

MSRIT Post,

Bengaluru-53.

 

Inperson     

 

V/s

Opposite party/s

Respondent/s:-

 

1. Country Vacations,

A Division of Country Club

(I) ltd., No.102, 1^st floor, No.48, S.S.Chambers Next to Kamath Hotel, Bowring Hospital Road, Bengaluru-01.

Rep. by Branch Manager

 

By Adv.Sri.D.Narasegowda

 

2. Country Vacations,

A Division of Country Cub (I) Ltd., Reg., Office: Amrutha Castle, 5- 9-16, Saifabad,

Opp Secretariat,

Hyderabad-63.

Rep by Managing Director

 

Ex-parte

 

3. Country Vacations

A Division of Country Club (I) ltd., Corporate Office: 3-6-12/13,

4^th floor, AI-Samad Building, Above Universal Bakery,

Liberty X Road, Himayat Nagar, Hyderabad-29.

Rep by Managing Director

 

Deleted as per order dtd.18.11.16

 

 

PRESIDENT: SRI.S.L.PATIL

 

 

            This complaint is filed by the Complainant against the Opposite party no.1, 2 & 3 (herein after referred as Op.no.1, 2 & 3 or Ops) seeking issuance of direction to pay the sum of Rs.1,75,000/- with interest at 18% p.a. and cost and to grant such other reliefs deem fit for which the Complainant is entitled to.

 

          2. The brief facts of the case of the Complainant are that, Op offered membership to the Complainant, so that he can avail the facilities of holidaying at the resorts situated at different places. The Op offered the facility of withdrawing the membership any time after two years, and if opted for the same, the membership amount would be refunded. Because of this offer made by the Op, the Complainant became a member of the Op on 11.01.14 by paying a sum of Rs.1,75,000/- and signing an agreement dtd.11.01.14 with a recap sheet signed by both the parties, which forms part and parcel of the agreement. The agreement was signed at Bengaluru office of Op. The Complainant further submits that, one of the clause contained in the recap sheet specifically says that “as a buy-back policy the member is entitled to surrender his/her membership to the company at any time after two years. In that event the company undertakes to buy-back the membership without demur and refund the membership fee paid at the time of enrolment without interest.”  After becoming the member, the Complainant has not availed any holiday facility offered by Op. However, the annual maintenance charges has been paid up-to-date. There is no amount due by the Complainant to the Op towards AMC as on date. The Complainant further submits that, due to old age and health problems, he is not in a position to avail any holiday facility of the Op. His only daughter, who is staying abroad, is also not interested to avail the facility due to her personal reasons. Under such circumstances, on 05.08.16, the Complainant sent an email to Op and requested them to refund the membership fee of Rs.1,75,000/- by cancelling his membership. The Op responded through email stating that one of their concerned executives would contact him to address his query. Since no one contacted, Complainant again sent another email on 14.08.16. On 24.08.16, one of the Op executives called the Complainant through phone and asked the Complainant to send a scanned copy of the commitment made by Op to buy back his membership after two years and refund the membership fee of Rs.1,75,000/-. Accordingly the Complainant sent email attaching the said copy containing signatures of both the parties. Thereafter, Op has not responded and has failed to refund the amount. Hence prays to allow the complaint.

 

3. On receipt of the notice, Op.no.1 did appear and filed version denying the contents of the complaint. Inspite of notice served on Op.no.2 they did not appear, hence placed exparte. As per order dtd.18.11.16, Op.no.3 is deleted. The sum and substance of the version of Op.no.1 are that, the complaint is not maintainable either in law or on facts. The complaint is also not maintainable since there is no cause of action, complaint is vague, bald and the complaint is devoid of merits. The Complainant has shown interest to become the member and to avail holiday vacation. He entered in to purchase agreement dtd.11.01.14 and in terms of agreement, the Complainant has paid amount of Rs.1,75,000/-. In terms of the purchase agreement, the Complainant is entitle for holiday vacation for 6 night 7 days in year for a period of 30 years and club membership of life time, subject to the terms & conditions mentioned in the said agreement and rest of the averments are totally denied as false and incorrect. The Op upon receipt of the above said amount has issued the laminated club membership card to the Complainant. The Complainant utilizing the club facilities as and when required. The Op further submits that, the case of the Complainant that the purchase agreement dtd.11.01.14 annexed Recap Sheet and it provides to buy back scheme to permit the Complainant to surrender after lapse of two years is denied as false and incorrect. As a matter of fact that the purchase agreement dtd.11.01.14 does not provides any such recap sheet. It is crystal clear from the copy of the recap sheet furnished by the Complainant that it is a created and fabricated one for the purpose of filing this case. The signature found in the recap sheet and the purchase agreement is not one and the same and more over there is no whisper in the said agreement about the recap sheet. Even in the worksheet maintained by the Op does not reveal the alleged buy back scheme. As a matter of fact, there is no such practice in the Op to provide buy back facility to the members. Therefore the Complainant not entitle for refund of amount as contended in the complaint. The Op further submits that, the Op is always ready to provide the package to the Complainant but there should be 30 days in advance booking to be made to make necessary arrangements. Further the club membership is for life time and it is transferable to their family members. In regard to providing of accommodation of holiday vacations, the Complainant has not made any booking for availing of holiday package, at any point of time and in this regard peace of document has not been produced. In terms of the agreement there is no provision for cancellation of the club membership or refund of amount. However, the Complainant is at liberty to sell or transfer or gift the club membership to any third party. In spite of that the Complainant for the reasons best known to him has filed false and frivolous complaint by creating the document as per his whims and fancies. Hence on these grounds and other grounds prays for dismissal of the complaint.

         

          4. The Complainant to substantiate his case filed affidavit evidence and got marked the documents as Ex-A1 to A7. The Manager of Op.no.1 filed affidavit evidence and got marked the documents as Ex-B1 to B4. Both filed written arguments. Heard both side.

   5. The points that arise for our consideration are:

1. Whether is there any deficiency of service on the part of Ops, if so, whether the Complainant entitled for the relief sought for ?  
2. What order ?

 

           

 

6.  Our answers to the above points are as under:

 

Point no.1: In the Affirmative  

Point no.2: As per the final order for the following

 

REASONS

 

          7. Point no.1:  We have briefly stated the contents of the complaint as well as the version filed by the Op.no.1. The undisputed facts which reveals from the pleadings of the parties goes to show that, the Complainant has availed membership of Op club. In this context, he had paid an amount of Rs.1,75,000/- by way of agreement dtd.11.01.14 with a Recap Sheet also signed by both the parties. The agreement was signed at Bengaluru office of the Op. One of the clause containing in the Recap Sheet specifically states that “as a buy-back policy the member is entitled to surrender his/her membership to the company at any time after two years. In that event the company undertakes to buy-back the membership without demur and refund the membership fee paid at the time of enrolment without interest.”

 

8. It is also the case of the Complainant that, after he becoming the member of the Op club, not availed any holiday facility offered by Op. Anyhow, annual maintenance charges has paid by him up-to-date. In this context, Complainant has placed reliance on the contents of Ex-A7 which clearly goes to show that till 09.03.16 i.e. till filing of the complaint, in the month of March 2016, Complainant has paid the total due of the annual maintenance charges for an amount of Rs.16,854/-, then the total due shown as zero. Looking to the available materials on record, it is evident that, soon after Complainant becoming the member of the Op club by signing the agreement and also the Recap Sheet, he never availed any facilities of the Op club. The rider clause in the Recap sheet reads thus:

“as a buy-back policy the member is entitled to surrender his/her membership to the company at any time after two years. In that event the company undertakes to buy-back the membership without demur and refund the membership fee paid at the time of enrolment without interest.”

 

9. This fact is not stoutly denied by Op. The Complainant has informed to the Op in respect of the cancellation of his membership and sought for the refund of membership fee of Rs.1,75,000/- which could be seen on going through the contents of email at Ex-A3 to A6. In response to the said emails, response of the Op was that “thanks for writing to us one of our concern executive will contact you soon to address your query”. But the said executive did not respond. Hence, the Complainant has issued reminders 1 & 2 by way of email. The said emails are proved by the Complainant by way of filing certificate in the form of affidavit as required u/s.65-B(2)(4) of the Evidence Act. Hence, we come to the conclusion that, Complainant very well opted the buyback policy by way of recap sheet signed by him for the refund of membership fee without there being any interest from the date of enrolment. According to the case of the Complainant, the agreement was entered in to on 11.01.14 and this complaint was filed on 03.10.16 i.e. after two years from the date of agreement. So the buyback policy is applicable. In this context, if we direct the Op.no.1 & 2 to process the refund of membership fee of the Complainant for an amount of Rs.1,75,000/- without there being any interest thereon, we hope the ends of justice would met sufficiently. Hence, we do not propose to pay any compensation.

 

10. Further, we direct Op.no.1 & 2 who are jointly and severally liable to pay the said amount within six weeks from the date of receipt of this order, failing which, the said amount will carry interest at the rate of 6% p.a. till the date of realization. Cost of litigation is fixed to Rs.3,000/-. Accordingly we answered the point no.1 in the affirmative.

 

         11. Point no.2: In the result, we passed the following:

 

ORDER

 

          The complaint filed by the Complainant is allowed.

 

2. Op.no.1 & 2 are directed to pay jointly and severally the amount of Rs.1,75,000/- to the Complainant within six weeks from the date of receipt of this order. If not, the said amount carries interest at the rate of 6% p.a. from the date of this order till the date of realization.

 

3. Ops are also directed to pay Rs.3,000/- being the cost of litigation to the Complainant.

 

          Supply free copy of this order to both the parties.

 

          (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the Open Forum on 12^th October 2018).

 

 

 

 

(ROOPA.N.R)     MEMBER

(S.L.PATIL)  PRESIDENT

                                                                        

1. Witness examined on behalf of the complainant/s by way of affidavit:

Sri.A.K.Lakshmanan, who being the complainant was examined. 

 

Copies of Documents produced on behalf of Complainant/s:

Ex-A1	Original welcome letter received from Op
Ex-A2	Original membership agreement dtd.11.01.14 along with Recap sheet
Ex-A3	Email dtd.05.08.16 to Op demanding from refund
Ex-A4	Email from Op 06.08.16
Ex-A5	Email reminder 1 sent to Op on 14.08.16
Ex-A6	Email reminder 2 sent to Op on 24.08.16
Ex-A7	AMC payment details

 

2. Witness examined on behalf of the Opposite party/s Respondent/s by way of affidavit:

Sri.Mohammed Akmal, who being the Manager of Op.no.1 was examined.

 

Copies of Documents produced on behalf of Opposite party/s

Ex-B1	Purchase agreement dtd.11.01.14
Ex-B2	Membership cards
Ex-B3	Acknowledgement
Ex-B4	Work sheet

 

 

 

 

(ROOPA.N.R)     MEMBER

(S.L.PATIL)  PRESIDENT