COMPLAINT FILED ON:06.08.2011

DISPOSED ON:03.08.2012

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

3^rd DAY OF AUGUST 2012

       PRESENT:- SRI. B.S.REDDY                PRESIDENT                        

                          SRI.A.MUNIYAPPA                  MEMBER

O R D E R

SRI. B.S.REDDY, PRESIDENT

The complainant filed this complaint U/s. 12 of the C.P. Act of 1986 seeking direction against the Opposite Parties (herein after called as OPs) to refund an amount of Rs.1,25,000/- the membership fee and to pay charges incurred for filing this complaint and other charges, along with penalty of Rs.10,000/- on the allegation of deficiency in service.

2. The case of the complainant to be stated in brief is that:-

The complainant purchased Country Vacations membership for Rs.1,31,000/- on 02.07.2011 in Country Vacation office at Sarjapur Road, Devarbasinhalli, Bangalore.   During the purchase of the membership false promises are made and get the signature of the complainant on a document.   Three weeks later Mr.Praveen Kumar (party-2) bluffed with false information, though the agreed facilities signed document is not sent he bluffed by saying it is couriered with a copy to Country Vacations Customer Care.   On not receiving the documents for couple of days, the complainant called Mr.Praveen who agreed for the cancellation of the membership and returning of full amount to Credit Card supplier, he advised to meet Customer Care in Koramangala Office.   Customer Care initially defended saying their Manager would not agree for cancellation, initial behavior was if Mr.Praveen confirms they would proceed with cancellation.   Mr.Praveen Kumar was not reachable on mobile though he himself advised to meet Customer Care, he has switched off the mobile while the complainant with Customer Care (30^th July 2011 during 2 to 3 P.M.) when the complainant played the conversation between him and Mr.Praveen, they started negotiating ‘we understand you have been miss communicated’ we do not have any cancellation process, I would get the deviation document for promised facilities.  

The complainant and his family visited total Mall in Mahadevpura-Bangalore during the last week of June-2011.    A marketing person approached them for contact details saying it is for lucky dip.   On 2^nd July the complainant received couple of calls from 080 4075 0815, introduced themselves as calling from Total Mall, and informed that the complainant has won 30,000/- worth gifts to be collected in ‘Basement of Sarjapur Resorts’.   The bluffing point here are: wrong use of Total Mall name to grab the customer till their marketing place, Hiding Country Club and Country Vacations name in the address sent.   After couple of calls the complainant went to ‘Basement of Sarjapur Resort’ in Devarbasinhalli and it was understood that it is not total mall it is Country Vacation Office.   They informed them that they need to attend a 1 hour presentation before collecting the Gifts.   Their representatives are well trained to mesmerize the customer with false promises that are not part of actual purchase Agreement-which they understood now from experience.    They have explained the facilities that are out of their liberty and made the complainant to sign the agreement, no time to think, they say, to eligible for all additional facilities/gifts customer has to say YES before leaving the room.    The facilities they present are really attractive and not impractical, also since Country Club is one of the reputed resort/club in India, the complainant never expect that they would go for such a false promises.   Since some of the facilities benefit, the complainant (such as availing 14 days holidays in any of 20 countries of our choice with no additional cost) the complainant preferred to accept their membership, however since the amount is high and also since he do not have liquid cash, he preferred to stay back.   Then the Sales manager Mr.Praveen Kumar came with another attractive scheme from SBI and HDFC Credit cards, he said the complainant can pay the amount in EMI with no interest, since the EMIs are low, the complainant preferred to go ahead and purchased.    Then they brought a pre-printed purchase agreement and without allowing reading the agreement took the signatures.     On returning home and going through the agreement, there is nothing they mentioned exists in the agreement, and in few cases like AMC it is totally reverse to what they explained.    The complainant tried to call Mr.Praveen kumar S immediately on his mobile number on 3^rd July 2011 who has made this sale, but the mobile number shared with them was wrong.    On 4^th July the complainant wrote a mail to Mr.Praveen Kumar’s official mail I.D informing them that the points they discussed are missing in purchase agreement, as per one of the point in purchase agreement any deviations has to be documented and signed by both parties.    Hence the complainant frequently approached Mr.Praveen through e-mail, phone and couple of time, the complainant reached him in their Sarjapur Country Club Office.   On 26^th July-2011 Mr.Praveen kumar had started bluffing the complainant by saying he has already sent the document for deviation facilities to complainant as well as a copy to Country Vacations Customer Care.    The complainant asked him to provide a copy of the document that is with Customer Care his response is customer care does not provide any document to them suspecting of tampering?.   The complainant reached Customer Care and understood there is no such communication to them, and also there is no documents sent to the complainant as well which he did not received till date, these conversations between the complainant and Praveen is recorded.   On 30^th July the complainant called Mr.Praveen and informed him that because of bluffing, dishonesty and low level of service he wish to drop and advised him to provide way ahead.    Mr.Praveen Kumar said the complainant need to go to Country Vacations office in Koramangala, and then Customer Care would help him in canceling the agreement and reverse the payment to respective credit card suppliers and he also said this would be a straight forward cancellation, but might incur a deduction of 5% of total amount, for which he did not agree as the cancellation is because of not delivering the promised services.    The complainant went to Koramangala Office, and explained the same to their representatives (Madhu and Mr.Imran).   Initially they said their officer would not agree for cancellation (Mr.Praveen has switched off his mobile and not reachable for Customer Care) and after presenting the audio clip they agreed that Mr.Praveen (the same Manager) has agreed for cancellation of agreement but they do not have any such cancellation process.   The Customer Care without knowing what promises were made by Mr.Praveen they started negotiating to full fill those promises, (They are trying to take the case to the same initial stage, the complainant was struggling with Mr.Praveen for 28 days and on 29^th Day he started bluffing, and now Customer Care wants to take the same chance).   

3. Thus the complainant filed this complaint as Ops made wrong promises during Sale, bluffed saying that the signed document is couriered, Sale manager confirmed the agreement would be cancelled, but the Customer Care is reckless in this regard.   For mental and physical harassments like not picking up the phone even after calling for 10 times, the complainant to travel to their office since unable to reach on phone, Poor Quality of Customer Care.   Thus the complaint.

4.  OP2 remained ex-parte, OP1 filed version contending that the complaint is not maintainable, OP2 is not concerned to OP1-compnay.    It is admitted that the complainant has paid Rs.1,25,000/- towards the membership there is no person named Praveen in the OP-Company the complainant has utilized the facilities and made all sorts of baseless allegation for which there is no basis.   There is no any deficiency in service on the part of the Op.   The complainant is not an illiterate person and after enjoying the benefits and services of the Club Membership, is trying to get the reimbursement for the expenses incurred by him by filing the above complaint.   The main benefits for membership are Holiday package.   The OP offer yearly one week accommodation in their property totally free of cost, it is more two Star facilities for a period of continuous 5 years either it is in India or abroad.    The Club Membership is for Life Time and it is transferable to their family members apart from the Health Club for a period of two years and non-refundable.    There is no provision for cancellation of the Club membership or for refund of the amount.   There is no contract in regard to payment of interest.   Hence, it is prayed to dismiss the complaint with exemplary cost.

5. The complainant in order to substantiate complaint averments, filed affidavit evidence and produced documents. 

6. OP in spite of sufficient opportunity given has not filed affidavit evidence.  

7. Arguments from complainants side heard, from OP1 side taken as heard.

8.   The points now that arise for our consideration in this complaint are as under:

Point No.1:-Whether the complainant has proved the deficiency in service on the part of the OPs?

           Point No.2:-If so, whether the complainant is entitled for the relief’s now claimed?

           Point No.3:-To What order?

9.   We record our findings on the above points:

           Point No.1:-Affirmative

   Point No.2:-Affirmative in part

   Point No.3:-As per final order.

R E A S O N S

10. The complainant purchased Country Vacations Membership for Rs.1,31,000/- on 02.07.2011 in Country Vacation Office at Sarjapur Road, Devarbasinhalli, Bangalore, believing the promise made by OP2 take over Manager of OP1, as OP-2 promised many of the facilities on becoming member of OP1.   OPs could not fulfill the obligations by providing the facilities as assured at the time of making the complainant to purchase OP is membership, OP2 agreed to refund the amount by canceling the membership of the complainant.   The conversation that had taken place with regard to cancellation of membership between the complainant and Op2 is recorded by the complainant and has produced the C.D and translation of the recorded conversion.   We have gone through the translation recorded conversation produced from that it becomes clear that OP2 has agreed to cancel the membership of the complainant and refund the amount paid towards purchase of the membership.

11. We are unable to accept the defence of the Op1 that Op2 is not at all concerned with OP1.    The complainant has produced the business card copy of OP2 wherein it is clearly mentioned that OP2 is take over Manager of Op1.   OP2 has made false promise during the purchase and on 03.07.2011 the complainant after reading the purchase agreement noticed the above mentioned services are not by default, hence he requested OP2 to provide in document and signed by authorized person from OP1.   OP2 kept on postponing till 28.07.2011 stating that he needs to get higher authorities approval.   Ultimately when complainant visited OP1’s office at Sarjapura Road OP2 bluffed him saying that the signed document with deviation services agreed during sale is posted in professional courier but in fact he has not posted any document.   On enquiry the same with OP2 on the next day that is on 30.07.2011 OP2 has agreed to refund the amount to SBI and other banks through which this transaction is done.   Thus it becomes clear that Op1 has not provided any of the services as promised to the complainant and the complainant has not utilized any services.    The emails produced by the complainant clearly goes to show that Op2 has apologized for the mistakes he has committed and he has requested one more chance to make sure that the facilities will reach the complainant as per email dt.13.10.2011.   But in fact OP2 has not sent any document with authorized signatory to enable the complainant to avail the facilities.   The complainant has made efforts to book accommodation at Coorg or Kerala by sending emails to Ops as per the emails dt.25.05.2012, 15.05.2012 and 12.05.2012.  OP1 has not responded for the same.   Ultimately, the complainant has made arrangement through private agency and he has to spent about Rs.40,000/- for his summer vacation.   Thus it becomes clear that OP1 has not provided the promised goods like T.V and Laptop.   OP2 has admitted the fact that they have misled the complainant during sale and agreed to cancel the membership.    The receipts produced by the complainant and the purchase agreement clearly goes to show that total amount of Rs.1,31,000/- has been paid by the complainant to OP1.   Therefore, it cannot be said that only Rs.1,25,000/- was paid to purchase the membership.   Thus the act of Ops in not providing the facilities as assured or in not refunding the amount by canceling the membership of the complainant amounts to deficiency in service.   The very fact of OP2 remaining ex-parte leads to draw inference that Op2 is admitting the claim of the complainant.   OP1 has not filed affidavit evidence in support of the defence version.   Therefore, the defence version without affidavit evidence cannot be looked in to it.   Under these circumstances, we are of the view that the complainant is entitled for refund of Rs.1,31,000/- with interest at 18% p.a. from the date of respective payments, till the date of realization.    Accordingly we proceed to pass the following:

O R D E R

The complaint filed by the complainant is allowed in part.

Ops are directed to refund an amount of Rs.1,31,000/- with interest at 18% p.a. from the respective date of payments, till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.   

This order is to be complied within four weeks from the date of its communication.

Send copy of this order to both the parties free of costs.

(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 3^rd DAY of AUGUST-2012.)

MEMBER                                                         PRESIDENT

Cs.

  COMPLAINT FILED ON:06.08.2011

DISPOSED ON:03.08.2012

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

3^rd DAY OF AUGUST 2012

       PRESENT:- SRI. B.S.REDDY                PRESIDENT                        

                          SRI.A.MUNIYAPPA                  MEMBER

O R D E R

SRI. B.S.REDDY, PRESIDENT

The complainant filed this complaint U/s. 12 of the C.P. Act of 1986 seeking direction against the Opposite Parties (herein after called as OPs) to refund an amount of Rs.1,25,000/- the membership fee and to pay charges incurred for filing this complaint and other charges, along with penalty of Rs.10,000/- on the allegation of deficiency in service.

2. The case of the complainant to be stated in brief is that:-

The complainant purchased Country Vacations membership for Rs.1,31,000/- on 02.07.2011 in Country Vacation office at Sarjapur Road, Devarbasinhalli, Bangalore.   During the purchase of the membership false promises are made and get the signature of the complainant on a document.   Three weeks later Mr.Praveen Kumar (party-2) bluffed with false information, though the agreed facilities signed document is not sent he bluffed by saying it is couriered with a copy to Country Vacations Customer Care.   On not receiving the documents for couple of days, the complainant called Mr.Praveen who agreed for the cancellation of the membership and returning of full amount to Credit Card supplier, he advised to meet Customer Care in Koramangala Office.   Customer Care initially defended saying their Manager would not agree for cancellation, initial behavior was if Mr.Praveen confirms they would proceed with cancellation.   Mr.Praveen Kumar was not reachable on mobile though he himself advised to meet Customer Care, he has switched off the mobile while the complainant with Customer Care (30^th July 2011 during 2 to 3 P.M.) when the complainant played the conversation between him and Mr.Praveen, they started negotiating ‘we understand you have been miss communicated’ we do not have any cancellation process, I would get the deviation document for promised facilities.  

The complainant and his family visited total Mall in Mahadevpura-Bangalore during the last week of June-2011.    A marketing person approached them for contact details saying it is for lucky dip.   On 2^nd July the complainant received couple of calls from 080 4075 0815, introduced themselves as calling from Total Mall, and informed that the complainant has won 30,000/- worth gifts to be collected in ‘Basement of Sarjapur Resorts’.   The bluffing point here are: wrong use of Total Mall name to grab the customer till their marketing place, Hiding Country Club and Country Vacations name in the address sent.   After couple of calls the complainant went to ‘Basement of Sarjapur Resort’ in Devarbasinhalli and it was understood that it is not total mall it is Country Vacation Office.   They informed them that they need to attend a 1 hour presentation before collecting the Gifts.   Their representatives are well trained to mesmerize the customer with false promises that are not part of actual purchase Agreement-which they understood now from experience.    They have explained the facilities that are out of their liberty and made the complainant to sign the agreement, no time to think, they say, to eligible for all additional facilities/gifts customer has to say YES before leaving the room.    The facilities they present are really attractive and not impractical, also since Country Club is one of the reputed resort/club in India, the complainant never expect that they would go for such a false promises.   Since some of the facilities benefit, the complainant (such as availing 14 days holidays in any of 20 countries of our choice with no additional cost) the complainant preferred to accept their membership, however since the amount is high and also since he do not have liquid cash, he preferred to stay back.   Then the Sales manager Mr.Praveen Kumar came with another attractive scheme from SBI and HDFC Credit cards, he said the complainant can pay the amount in EMI with no interest, since the EMIs are low, the complainant preferred to go ahead and purchased.    Then they brought a pre-printed purchase agreement and without allowing reading the agreement took the signatures.     On returning home and going through the agreement, there is nothing they mentioned exists in the agreement, and in few cases like AMC it is totally reverse to what they explained.    The complainant tried to call Mr.Praveen kumar S immediately on his mobile number on 3^rd July 2011 who has made this sale, but the mobile number shared with them was wrong.    On 4^th July the complainant wrote a mail to Mr.Praveen Kumar’s official mail I.D informing them that the points they discussed are missing in purchase agreement, as per one of the point in purchase agreement any deviations has to be documented and signed by both parties.    Hence the complainant frequently approached Mr.Praveen through e-mail, phone and couple of time, the complainant reached him in their Sarjapur Country Club Office.   On 26^th July-2011 Mr.Praveen kumar had started bluffing the complainant by saying he has already sent the document for deviation facilities to complainant as well as a copy to Country Vacations Customer Care.    The complainant asked him to provide a copy of the document that is with Customer Care his response is customer care does not provide any document to them suspecting of tampering?.   The complainant reached Customer Care and understood there is no such communication to them, and also there is no documents sent to the complainant as well which he did not received till date, these conversations between the complainant and Praveen is recorded.   On 30^th July the complainant called Mr.Praveen and informed him that because of bluffing, dishonesty and low level of service he wish to drop and advised him to provide way ahead.    Mr.Praveen Kumar said the complainant need to go to Country Vacations office in Koramangala, and then Customer Care would help him in canceling the agreement and reverse the payment to respective credit card suppliers and he also said this would be a straight forward cancellation, but might incur a deduction of 5% of total amount, for which he did not agree as the cancellation is because of not delivering the promised services.    The complainant went to Koramangala Office, and explained the same to their representatives (Madhu and Mr.Imran).   Initially they said their officer would not agree for cancellation (Mr.Praveen has switched off his mobile and not reachable for Customer Care) and after presenting the audio clip they agreed that Mr.Praveen (the same Manager) has agreed for cancellation of agreement but they do not have any such cancellation process.   The Customer Care without knowing what promises were made by Mr.Praveen they started negotiating to full fill those promises, (They are trying to take the case to the same initial stage, the complainant was struggling with Mr.Praveen for 28 days and on 29^th Day he started bluffing, and now Customer Care wants to take the same chance).   

3. Thus the complainant filed this complaint as Ops made wrong promises during Sale, bluffed saying that the signed document is couriered, Sale manager confirmed the agreement would be cancelled, but the Customer Care is reckless in this regard.   For mental and physical harassments like not picking up the phone even after calling for 10 times, the complainant to travel to their office since unable to reach on phone, Poor Quality of Customer Care.   Thus the complaint.

4.  OP2 remained ex-parte, OP1 filed version contending that the complaint is not maintainable, OP2 is not concerned to OP1-compnay.    It is admitted that the complainant has paid Rs.1,25,000/- towards the membership there is no person named Praveen in the OP-Company the complainant has utilized the facilities and made all sorts of baseless allegation for which there is no basis.   There is no any deficiency in service on the part of the Op.   The complainant is not an illiterate person and after enjoying the benefits and services of the Club Membership, is trying to get the reimbursement for the expenses incurred by him by filing the above complaint.   The main benefits for membership are Holiday package.   The OP offer yearly one week accommodation in their property totally free of cost, it is more two Star facilities for a period of continuous 5 years either it is in India or abroad.    The Club Membership is for Life Time and it is transferable to their family members apart from the Health Club for a period of two years and non-refundable.    There is no provision for cancellation of the Club membership or for refund of the amount.   There is no contract in regard to payment of interest.   Hence, it is prayed to dismiss the complaint with exemplary cost.

5. The complainant in order to substantiate complaint averments, filed affidavit evidence and produced documents. 

6. OP in spite of sufficient opportunity given has not filed affidavit evidence.  

7. Arguments from complainants side heard, from OP1 side taken as heard.

8.   The points now that arise for our consideration in this complaint are as under:

Point No.1:-Whether the complainant has proved the deficiency in service on the part of the OPs?

           Point No.2:-If so, whether the complainant is entitled for the relief’s now claimed?

           Point No.3:-To What order?

9.   We record our findings on the above points:

           Point No.1:-Affirmative

   Point No.2:-Affirmative in part

   Point No.3:-As per final order.

R E A S O N S

10. The complainant purchased Country Vacations Membership for Rs.1,31,000/- on 02.07.2011 in Country Vacation Office at Sarjapur Road, Devarbasinhalli, Bangalore, believing the promise made by OP2 take over Manager of OP1, as OP-2 promised many of the facilities on becoming member of OP1.   OPs could not fulfill the obligations by providing the facilities as assured at the time of making the complainant to purchase OP is membership, OP2 agreed to refund the amount by canceling the membership of the complainant.   The conversation that had taken place with regard to cancellation of membership between the complainant and Op2 is recorded by the complainant and has produced the C.D and translation of the recorded conversion.   We have gone through the translation recorded conversation produced from that it becomes clear that OP2 has agreed to cancel the membership of the complainant and refund the amount paid towards purchase of the membership.

11. We are unable to accept the defence of the Op1 that Op2 is not at all concerned with OP1.    The complainant has produced the business card copy of OP2 wherein it is clearly mentioned that OP2 is take over Manager of Op1.   OP2 has made false promise during the purchase and on 03.07.2011 the complainant after reading the purchase agreement noticed the above mentioned services are not by default, hence he requested OP2 to provide in document and signed by authorized person from OP1.   OP2 kept on postponing till 28.07.2011 stating that he needs to get higher authorities approval.   Ultimately when complainant visited OP1’s office at Sarjapura Road OP2 bluffed him saying that the signed document with deviation services agreed during sale is posted in professional courier but in fact he has not posted any document.   On enquiry the same with OP2 on the next day that is on 30.07.2011 OP2 has agreed to refund the amount to SBI and other banks through which this transaction is done.   Thus it becomes clear that Op1 has not provided any of the services as promised to the complainant and the complainant has not utilized any services.    The emails produced by the complainant clearly goes to show that Op2 has apologized for the mistakes he has committed and he has requested one more chance to make sure that the facilities will reach the complainant as per email dt.13.10.2011.   But in fact OP2 has not sent any document with authorized signatory to enable the complainant to avail the facilities.   The complainant has made efforts to book accommodation at Coorg or Kerala by sending emails to Ops as per the emails dt.25.05.2012, 15.05.2012 and 12.05.2012.  OP1 has not responded for the same.   Ultimately, the complainant has made arrangement through private agency and he has to spent about Rs.40,000/- for his summer vacation.   Thus it becomes clear that OP1 has not provided the promised goods like T.V and Laptop.   OP2 has admitted the fact that they have misled the complainant during sale and agreed to cancel the membership.    The receipts produced by the complainant and the purchase agreement clearly goes to show that total amount of Rs.1,31,000/- has been paid by the complainant to OP1.   Therefore, it cannot be said that only Rs.1,25,000/- was paid to purchase the membership.   Thus the act of Ops in not providing the facilities as assured or in not refunding the amount by canceling the membership of the complainant amounts to deficiency in service.   The very fact of OP2 remaining ex-parte leads to draw inference that Op2 is admitting the claim of the complainant.   OP1 has not filed affidavit evidence in support of the defence version.   Therefore, the defence version without affidavit evidence cannot be looked in to it.   Under these circumstances, we are of the view that the complainant is entitled for refund of Rs.1,31,000/- with interest at 18% p.a. from the date of respective payments, till the date of realization.    Accordingly we proceed to pass the following:

O R D E R

The complaint filed by the complainant is allowed in part.

Ops are directed to refund an amount of Rs.1,31,000/- with interest at 18% p.a. from the respective date of payments, till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.   

This order is to be complied within four weeks from the date of its communication.

Send copy of this order to both the parties free of costs.

(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 3^rd DAY of AUGUST-2012.)

MEMBER                                                         PRESIDENT

Cs.

  COMPLAINT FILED ON:06.08.2011

DISPOSED ON:03.08.2012

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

3^rd DAY OF AUGUST 2012

       PRESENT:- SRI. B.S.REDDY                PRESIDENT                        

                          SRI.A.MUNIYAPPA                  MEMBER

O R D E R

SRI. B.S.REDDY, PRESIDENT

The complainant filed this complaint U/s. 12 of the C.P. Act of 1986 seeking direction against the Opposite Parties (herein after called as OPs) to refund an amount of Rs.1,25,000/- the membership fee and to pay charges incurred for filing this complaint and other charges, along with penalty of Rs.10,000/- on the allegation of deficiency in service.

2. The case of the complainant to be stated in brief is that:-

The complainant purchased Country Vacations membership for Rs.1,31,000/- on 02.07.2011 in Country Vacation office at Sarjapur Road, Devarbasinhalli, Bangalore.   During the purchase of the membership false promises are made and get the signature of the complainant on a document.   Three weeks later Mr.Praveen Kumar (party-2) bluffed with false information, though the agreed facilities signed document is not sent he bluffed by saying it is couriered with a copy to Country Vacations Customer Care.   On not receiving the documents for couple of days, the complainant called Mr.Praveen who agreed for the cancellation of the membership and returning of full amount to Credit Card supplier, he advised to meet Customer Care in Koramangala Office.   Customer Care initially defended saying their Manager would not agree for cancellation, initial behavior was if Mr.Praveen confirms they would proceed with cancellation.   Mr.Praveen Kumar was not reachable on mobile though he himself advised to meet Customer Care, he has switched off the mobile while the complainant with Customer Care (30^th July 2011 during 2 to 3 P.M.) when the complainant played the conversation between him and Mr.Praveen, they started negotiating ‘we understand you have been miss communicated’ we do not have any cancellation process, I would get the deviation document for promised facilities.  

The complainant and his family visited total Mall in Mahadevpura-Bangalore during the last week of June-2011.    A marketing person approached them for contact details saying it is for lucky dip.   On 2^nd July the complainant received couple of calls from 080 4075 0815, introduced themselves as calling from Total Mall, and informed that the complainant has won 30,000/- worth gifts to be collected in ‘Basement of Sarjapur Resorts’.   The bluffing point here are: wrong use of Total Mall name to grab the customer till their marketing place, Hiding Country Club and Country Vacations name in the address sent.   After couple of calls the complainant went to ‘Basement of Sarjapur Resort’ in Devarbasinhalli and it was understood that it is not total mall it is Country Vacation Office.   They informed them that they need to attend a 1 hour presentation before collecting the Gifts.   Their representatives are well trained to mesmerize the customer with false promises that are not part of actual purchase Agreement-which they understood now from experience.    They have explained the facilities that are out of their liberty and made the complainant to sign the agreement, no time to think, they say, to eligible for all additional facilities/gifts customer has to say YES before leaving the room.    The facilities they present are really attractive and not impractical, also since Country Club is one of the reputed resort/club in India, the complainant never expect that they would go for such a false promises.   Since some of the facilities benefit, the complainant (such as availing 14 days holidays in any of 20 countries of our choice with no additional cost) the complainant preferred to accept their membership, however since the amount is high and also since he do not have liquid cash, he preferred to stay back.   Then the Sales manager Mr.Praveen Kumar came with another attractive scheme from SBI and HDFC Credit cards, he said the complainant can pay the amount in EMI with no interest, since the EMIs are low, the complainant preferred to go ahead and purchased.    Then they brought a pre-printed purchase agreement and without allowing reading the agreement took the signatures.     On returning home and going through the agreement, there is nothing they mentioned exists in the agreement, and in few cases like AMC it is totally reverse to what they explained.    The complainant tried to call Mr.Praveen kumar S immediately on his mobile number on 3^rd July 2011 who has made this sale, but the mobile number shared with them was wrong.    On 4^th July the complainant wrote a mail to Mr.Praveen Kumar’s official mail I.D informing them that the points they discussed are missing in purchase agreement, as per one of the point in purchase agreement any deviations has to be documented and signed by both parties.    Hence the complainant frequently approached Mr.Praveen through e-mail, phone and couple of time, the complainant reached him in their Sarjapur Country Club Office.   On 26^th July-2011 Mr.Praveen kumar had started bluffing the complainant by saying he has already sent the document for deviation facilities to complainant as well as a copy to Country Vacations Customer Care.    The complainant asked him to provide a copy of the document that is with Customer Care his response is customer care does not provide any document to them suspecting of tampering?.   The complainant reached Customer Care and understood there is no such communication to them, and also there is no documents sent to the complainant as well which he did not received till date, these conversations between the complainant and Praveen is recorded.   On 30^th July the complainant called Mr.Praveen and informed him that because of bluffing, dishonesty and low level of service he wish to drop and advised him to provide way ahead.    Mr.Praveen Kumar said the complainant need to go to Country Vacations office in Koramangala, and then Customer Care would help him in canceling the agreement and reverse the payment to respective credit card suppliers and he also said this would be a straight forward cancellation, but might incur a deduction of 5% of total amount, for which he did not agree as the cancellation is because of not delivering the promised services.    The complainant went to Koramangala Office, and explained the same to their representatives (Madhu and Mr.Imran).   Initially they said their officer would not agree for cancellation (Mr.Praveen has switched off his mobile and not reachable for Customer Care) and after presenting the audio clip they agreed that Mr.Praveen (the same Manager) has agreed for cancellation of agreement but they do not have any such cancellation process.   The Customer Care without knowing what promises were made by Mr.Praveen they started negotiating to full fill those promises, (They are trying to take the case to the same initial stage, the complainant was struggling with Mr.Praveen for 28 days and on 29^th Day he started bluffing, and now Customer Care wants to take the same chance).   

3. Thus the complainant filed this complaint as Ops made wrong promises during Sale, bluffed saying that the signed document is couriered, Sale manager confirmed the agreement would be cancelled, but the Customer Care is reckless in this regard.   For mental and physical harassments like not picking up the phone even after calling for 10 times, the complainant to travel to their office since unable to reach on phone, Poor Quality of Customer Care.   Thus the complaint.

4.  OP2 remained ex-parte, OP1 filed version contending that the complaint is not maintainable, OP2 is not concerned to OP1-compnay.    It is admitted that the complainant has paid Rs.1,25,000/- towards the membership there is no person named Praveen in the OP-Company the complainant has utilized the facilities and made all sorts of baseless allegation for which there is no basis.   There is no any deficiency in service on the part of the Op.   The complainant is not an illiterate person and after enjoying the benefits and services of the Club Membership, is trying to get the reimbursement for the expenses incurred by him by filing the above complaint.   The main benefits for membership are Holiday package.   The OP offer yearly one week accommodation in their property totally free of cost, it is more two Star facilities for a period of continuous 5 years either it is in India or abroad.    The Club Membership is for Life Time and it is transferable to their family members apart from the Health Club for a period of two years and non-refundable.    There is no provision for cancellation of the Club membership or for refund of the amount.   There is no contract in regard to payment of interest.   Hence, it is prayed to dismiss the complaint with exemplary cost.

5. The complainant in order to substantiate complaint averments, filed affidavit evidence and produced documents. 

6. OP in spite of sufficient opportunity given has not filed affidavit evidence.  

7. Arguments from complainants side heard, from OP1 side taken as heard.

8.   The points now that arise for our consideration in this complaint are as under:

Point No.1:-Whether the complainant has proved the deficiency in service on the part of the OPs?

           Point No.2:-If so, whether the complainant is entitled for the relief’s now claimed?

           Point No.3:-To What order?

9.   We record our findings on the above points:

           Point No.1:-Affirmative

   Point No.2:-Affirmative in part

   Point No.3:-As per final order.

R E A S O N S

10. The complainant purchased Country Vacations Membership for Rs.1,31,000/- on 02.07.2011 in Country Vacation Office at Sarjapur Road, Devarbasinhalli, Bangalore, believing the promise made by OP2 take over Manager of OP1, as OP-2 promised many of the facilities on becoming member of OP1.   OPs could not fulfill the obligations by providing the facilities as assured at the time of making the complainant to purchase OP is membership, OP2 agreed to refund the amount by canceling the membership of the complainant.   The conversation that had taken place with regard to cancellation of membership between the complainant and Op2 is recorded by the complainant and has produced the C.D and translation of the recorded conversion.   We have gone through the translation recorded conversation produced from that it becomes clear that OP2 has agreed to cancel the membership of the complainant and refund the amount paid towards purchase of the membership.

11. We are unable to accept the defence of the Op1 that Op2 is not at all concerned with OP1.    The complainant has produced the business card copy of OP2 wherein it is clearly mentioned that OP2 is take over Manager of Op1.   OP2 has made false promise during the purchase and on 03.07.2011 the complainant after reading the purchase agreement noticed the above mentioned services are not by default, hence he requested OP2 to provide in document and signed by authorized person from OP1.   OP2 kept on postponing till 28.07.2011 stating that he needs to get higher authorities approval.   Ultimately when complainant visited OP1’s office at Sarjapura Road OP2 bluffed him saying that the signed document with deviation services agreed during sale is posted in professional courier but in fact he has not posted any document.   On enquiry the same with OP2 on the next day that is on 30.07.2011 OP2 has agreed to refund the amount to SBI and other banks through which this transaction is done.   Thus it becomes clear that Op1 has not provided any of the services as promised to the complainant and the complainant has not utilized any services.    The emails produced by the complainant clearly goes to show that Op2 has apologized for the mistakes he has committed and he has requested one more chance to make sure that the facilities will reach the complainant as per email dt.13.10.2011.   But in fact OP2 has not sent any document with authorized signatory to enable the complainant to avail the facilities.   The complainant has made efforts to book accommodation at Coorg or Kerala by sending emails to Ops as per the emails dt.25.05.2012, 15.05.2012 and 12.05.2012.  OP1 has not responded for the same.   Ultimately, the complainant has made arrangement through private agency and he has to spent about Rs.40,000/- for his summer vacation.   Thus it becomes clear that OP1 has not provided the promised goods like T.V and Laptop.   OP2 has admitted the fact that they have misled the complainant during sale and agreed to cancel the membership.    The receipts produced by the complainant and the purchase agreement clearly goes to show that total amount of Rs.1,31,000/- has been paid by the complainant to OP1.   Therefore, it cannot be said that only Rs.1,25,000/- was paid to purchase the membership.   Thus the act of Ops in not providing the facilities as assured or in not refunding the amount by canceling the membership of the complainant amounts to deficiency in service.   The very fact of OP2 remaining ex-parte leads to draw inference that Op2 is admitting the claim of the complainant.   OP1 has not filed affidavit evidence in support of the defence version.   Therefore, the defence version without affidavit evidence cannot be looked in to it.   Under these circumstances, we are of the view that the complainant is entitled for refund of Rs.1,31,000/- with interest at 18% p.a. from the date of respective payments, till the date of realization.    Accordingly we proceed to pass the following:

O R D E R

The complaint filed by the complainant is allowed in part.

Ops are directed to refund an amount of Rs.1,31,000/- with interest at 18% p.a. from the respective date of payments, till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.   

This order is to be complied within four weeks from the date of its communication.

Send copy of this order to both the parties free of costs.

(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 3^rd DAY of AUGUST-2012.)

MEMBER                                                         PRESIDENT

Cs.