BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 16^TH DAY OF NOVEMBER 2021

Complainant/s: -                           

E.V.Muthukrishnan, S/o Late E.A.Vaidyanathan, aged about 68 years, R/at No.B1-205, SJR Luxuria, Next to Aradhana Convent, IIM Post, BG Road, Arekere, Bengaluru-560076.

By Adv.Mohumed Sadiqh.B.A

V/s

Opposite party/s:-    

Country Vacations, A Division of Country Club Hospitality and Holdings Ltd., Corporate Office at; Couontry Club Kool, No.6-3-1219, 4^th Floor, Begumpet, Hyderabad -16. Represented by its Managing Director.

Also at:

Registered Ofice: Amrutha Castle, 5-9-16, Saifabad, Secretariat, Hyderabad-500063.

Also at:

Branch Office:, No.14, CRS Building, 1^st Floor, Opp. To Le Meridian Staff Gate, Cunningham Road, Abshot Layout, Vasanth Nagar, Bengaluru-560054.

By Adv.Sri.D.Narasegowda

ORDER

SMT. P.K.SHANTHA, MEMBER

The Complainant has filed this complaint U/s.35 of Consumer Protection Act 2019, seeking direction against the Opposite Party (herein after called as OP) to refund Rs.1,92,000/- with interest at 18% p.a. from 22.03.2019 till payment, to pay compensation of Rs.3,00,000/- towards mental agony etc., and to pass such other reliefs.     

2. The brief facts of the complaint are as under:

The complainant submits that his wife got a call on 22^nd March, 2019 from one M/s Rashmi representing Country Vacations inviting his wife and him to attend approximately an hour presentation and collect some gifts.  The complainant and his wife went to OP’s office where representative of OP explained their holiday scheme including “Free offers” available if the complainant becomes the member. Further complainant submits that he decided to become a member for OP’s 10 years holiday scheme for which he made payment of Rs.1,60,000/- through his wife’s HDFC Credit card under an EMI scheme and got membership No.CVBG2BCLUB10LB262979.

Further complainant submits that after he made payment, he was asked to sign a sale agreement by OP’s representative but the same did not mention the offers.  Further he submits that subsequently on 27^th March 2019, his wife received a payment schedule from HDFC Bank whereby he had to make a total payment of Rs.1,91,850/-. The break up i.e. Rs.1,60,200/- towards principal, Rs.26,822/- towards finance charges at 15% p.a. and Rs.4,828/- GST at prevailing rate of 18% p.a. on the finance charges.  Further complainant submits that subsequently a letter from OP on 07^th May, 2019 was received by him but it did not specify the offers which were orally promised. 

Further complainant submits that on 24^th May 2019 he sent an E-mail in writing his grievances to OP Central Customer Care.  The complainant called by Ms.Rebecca, OP’s Assistant Manager and spoke to her and she was rude in her talks and she sent E-mail on 27.05.2019 to complainant giving her explanations for her behavior and offered to help the complainant in whatever manner she can on his grievances for which he submits that on the same day, he forwarded mail to her.  Further complainant submits that after several reminders, finally on 19^th June 2019 he received mail from OP’s Bengaluru Customer Care.  However the mail was not clear on some issues and complainant was not satisfied with their replies.  The complainant sent another E-mail on the same day to OP’s BCC. Again on 11.07.2019 he received mail from Girish, but complainant not satisfied.  Again complainant replied on the same day by mail.  The complainant also sent another mail dated 11.07.2019 to Girish asking him to send complainant first year free vouchers and also sent one more mail on the same day to Rebecca (Bengaluru Customer care) asking her for some more clarification regarding his flight booking to Bangkog and accommodation.

Further complainant submits that even after several reminder E-mails, OP has not bothered to reply regarding his flight booking and hotel accommodation at Bangkok. Hence, he finally sent mail to OP on 23.12.2019 stating that he is no more interested in continuing to be a member with OP and asked for full refund of money.  Further he submits that the pending issues even as of today are as follows:

1. The promised free flight coupon/voucher/ticket for Rs.40,000/- were not provided.  Further the modalities to claim the same and also a request for details of accommodation and flight booking to Bangkok sometime in July 2019 was not responded in spite of several reminders.
2. At the time of booking, he was told that he can travel to any of OP properties in India or abroad of his choice but later it was restricted to only Bangkok.
3. The promised complimentary vouchers for stay in country club for the next 5 years have not been provided till date.
4. The promised “dial and exchange card” is not provided till today.
5. The complainant is unable to access the website www.countryvactionsworld.com which is supposed to list international properties for him to choose for holidays.
6. The promised hard copy brochure detailing various affiliated resorts etc., is not provided till today.  

The complainant got issued a legal notice dated 17.08.2020 to OP for refund of Rs.1,92,000/-, to pay compensation towards mental agony, trauma, harassment under gone by complainant because of OP’s deficiency of service and unfair trade practice, but OP not complied. Hence, this complaint.

3. OP did appear and filed version denying the allegations made against it. OP in its version submits that the complaint filed by complainant is not maintainable either in law of facts, there is no cause of action, complaint is vague, bald and devoid of merits, hence, liable to be dismissed on this grounds.  Further OP submits that entire averments made by complainant are categorically and specifically denied as false and incorrect, except which are admitted by the OPs.  Further OP submits that complainant requested OP to do all the necessary documentation work required for admitting them as the members of the Country Club Hospitality and Holidays Limited.  Upon the said request, the Op explained to the complainant regarding the different holiday packages offered by OP and further gave the copy of purchase agreement for Country Club Hospitality and Holidays Limited (hereinafter referred to as the purchase agreement).  The next day i.e. 22.03.2019, the complainant came back to the office of OP and told that they have thoroughly read and understood all the terms and conditions of the purchase agreement and were interested to become the member of Country Club Hospitality and Holidays Limited through OP for which OP has received Rs.1,60,000/- as part amount as against agreed amount of Rs.1,80,000/- towards the holiday vacation membership. In terms of purchase agreement, the complainant is entitled for holiday vacation for 6 nights 7 days in a year for a period of 11 years and club membership of life time, subject to the agreement and conditions mentioned in the purchase agreement and rest of the averments are totally denied as false and incorrect and mandatory annual administrative charges (AMC) yearly, irrespective of usage of facilities, the membership is accepted subject to terms and conditions. That apart the complainant was provided to access the website through online by giving ID and password and also complimentary Spa coupons and one day privilege pass holiday gift voucher was given to complainant. 

Further OP submits that OP not received the E-mail sent by complainant and also letter dated 27.03.2019 are created for the purpose of filing this complaint. It is well settled law that the electronic documents cannot be looked into unless otherwise it is duly authenticated by competent authority.     

Further OP submits that it is crystal clear from the complaint averments that there is no deficiency of service on their part.  In terms of the agreement conditions clause, the membership fees is not a refundable deposit and not an investment, under any circumstances, no provision for cancellation of the club membership. In terms of agreement there is no provision for cancellation of the club membership.  However, the complainant is at liberty to sell or transfer or gift the club membership to any third party.    Further OP submits that upon receipt of amount, it has issued the laminated club membership card to complainant and his dependents.  The OP never promised or assured to complimentary international holidays to Dubai, Bangkok, Singapore for a couple, free activities sky diving, water sports, sight seeing during vacation, free car pick up from airport and reduction flight tickets agreed that complainant can do it for life time, at any point of time.  The complainant creating story and fabricating the documents as per his whims etc., are all categorically denied as false and incorrect. In fact the complainant has not paid the annual maintenance charges of Rs.24,730/- and in order to escape from the said payment, has filed this false and frivolous complaint. It is further submits that complainant is not entitled for refund of amount and interest and there is no cause of action, and OP has not rendered any deficiency in service.  Hence on these grounds and other grounds OP pray for dismissal of the complaint with exemplary cost.

4. To substantiate the case, Complainant has filed his affidavit evidence and produced the documents which are marked as Ex.A.1 to Ex.A.32. OP has also filed affidavit evidence and produced the documents which are marked as Ex.B.1 to Ex.B.4.  Heard the counsels for both sides.

5. The points that arise for our consideration are:

1. Whether the Complainant proves the deficiency of service on the part of OP, if so, entitled for the relief sought for?
2. What order?

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

Point No.1:- Partly in the affirmative

Point No.2:- As per final order

REASONS

7. Point No.1: We have briefly stated the contents of the complaint as well as the version filed by OP.  It is not in dispute that OP by way of filing version admitted in respect of payment of an amount of Rs.1,60,000/- paid by the complainant.  On going through the entire version which is in the form of denial in nature in respect of the reliefs that is sought for by the complainant. 

8. Though the complainant has paid the amount of Rs.1,60,000/- towards membership fee as per document marked as Ex.A.1, neither the OP nor its representative responded to the complainant.  The complainant has made several correspondences which can be seen through Ex.A.2 to Ex.A.23.  Therefore, the complainant got issued legal notice to OP on 23.12.2019 through E-mail, the postal receipts and RPAD covers produced and marked as Ex.A.24 to Ex.A.27. The complainant has also produced message sent through mobile as per Ex.A.28, HDFC Bank statement marked as Ex.A.29 to Ex.A.31 and electronic media document marked as Ex.A.32. Since the OP is admitted in respect of the payment of Rs.1,60,000/-.  The entire text of the complaint is taken into consideration, the OP has offered the complainant to become the member of the OP Club.  Attracted by representative of OP, the complainant made payment of Rs.1,60,000/- through his wife’s HDFC Credit Card under an EMI scheme.  After receiving the amount, the OP did not specify the offers which were orally promised.  Though the complainant has made several reminders, OP has not bothered to reply regarding his flight booking and hotel accommodation at Bangkok.  Therefore, the OP till today there had been absolutely no further communication.  Hence, this complaint.  Hence, the complainant felt deficiency in the service of OP and sought for full refund of his amount so far paid.

9. In this context, we place the reliance on the decision of Hon'ble National Commission reported in 2019 (I) CPR 647 (NC) in the case of Chief in-charge of M/s Country Vacations and Ant. Vs. Jayanti Mukherjee, wherein it is held that “no amount can be retained by the service provider without offering any service”. In the light of the above decision, we come to the conclusion that the OP has not given proper service.  In the complaint, the complainant has sought for Rs.1,92,000/ since the complainant has paid Rs.1,60,000/- towards membership fee.  Remaining Rs.26,822/- (Rupees twenty six thousand and eight hundred and twenty two only) towards finance charges not paid to the OP and Rs.4,828/- (Rupees four thousand eight hundred and twenty eight only) GST at prevailing rate of 18% p.a. on the finance charges also negated. Hence, we are of the considered view that OP is liable to refund the amount of Rs.1,60,000/- to the complainant with interest at the rate of 8% p.a. from the date of payment till realization with litigation cost of Rs.5,000/- (Rupees five thousand only). Accordingly we answered point No.1 partly in the affirmative.

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

O R D E R

1. The complaint filed by the Complainant is allowed in part.

2. The OP is directed to pay Rs.1,60,000/- (Rupees one lakh sixty thousand only) with interest at the rate of 8% p.a. from the date of periodical payment till realization to the Complainant along with litigation cost of Rs.5,000/- (Rupees five thousand only) within six weeks from the date of receipt of this order. 

3. Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Commission on this 16^th day of November, 2021).

Copies of Documents produced by the Complainant which are marked as Ex.A.1 to Ex.A.32:

Copies of Documents produced by the OP which are marked as Ex.B.1 to Ex.B.4: