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

DATED 18^th DAY OF OCTOBER 2021

Complainant/s: -                           

Sri Vikas Sharma, S/o Sri Inderjeet Sharma, aged about 44 years, R/at B-1204, Vaishnavi Nakashatra Apts, Yeshwanthpura, Bengaluru-560022.

By Smt.Pavithra A.Rao, Adv.

V/s

Opposite party/s:-    

Country Vacations, Rep. by its Manager, having office at No.102, 1^st and 2^nd Floor, No.48, S & S Bowring Hospital Road, Next to Kamath Hotel, Shivaji Nagar, Bengaluru – 560051.

By Sri.D.Narasegowda, Adv.

ORDER

SMT. SHANTHA.P.K., 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 entire amount paid towards the package along with interest at 18% p.a. from the date of availing the package, to pay compensation of Rs.5,00,000/- towards mental agony etc., and to pass such other reliefs.     

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

The complainant submit that he received a call from a tele-caller of OP and spoke about the package and invited him to their office.  The complainant being interested about the plan explain, had been to their office and there he was convinced that it was the best plan and on the assurance that it will not be changed as per the convenience of the OP, he was duped into purchasing the 30 year holidays plan from the OP in 2009 with 4A+2C, RED season plan and has paid Rs.3,00,000/- for membership and along with the membership an assurance of 30 year of RCI membership.  Further complainant submits that to the utter disbelief and dismay of complainant, his membership status has been reduced to 2A+1C and Blue season without assigning any reason and also RCI membership which was promised to the complainant in the written agreement has been cancelled amounting to deficiency of service causing mental agony and financial loss. 

Further complainant submits that he had availed the holiday package through RCI in Coorg, Club Mahindra and further without any justification, the OP has demoted the membership for no fault of the complainant. The complainant has paid the amount in the following manner:-

Initial membership fee – INR 3,00,000

Initial money paid for two plots – INR 35000 (via 

 cheque No.774788, ABN-AMRO)

Money paid for AMC – 46867

Money paid for lifetime AMC – INR 53082 + two plots

at coconut groove.

The complainant has paid his hard earned money with OP.  The complainant issued notice to OP but no reply. Thereafter, complainant got issued legal notice through email on 07.04.2020 to OP for which also there is no reply from OP.  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 complaint is hopelessly barred by law of limitation and admittedly the complainant has  not filed the complaint within the stipulated period as enshrined under the Act i.e. but the case in hand is filed after lapse of 9 years. 

Further OP submits that complainant entered into purchase agreement dated 20.01.2019 to avail the holiday vacation and in terms of purchase agreement, the complainant has paid Rs.3,00,000/-. Further OP submits that upon receipt of the said amount, has issued the permanent laminated club membership card to the complainant and the same was duly acknowledged by the complainant.  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 complainants 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 complainants 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. 20.01.2019, 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.   Further OP submits that the main benefits for club membership and a holiday/vacation package is 6 nights and 7 days holiday vacations in a year for a period of 30 years and club membership for life time subject to the terms and conditions mentioned in the purchase agreement are totally denied as false. The complainant has availed the services and offers all these days and stayed on 26.05.2014 to 27.05.2014 at Kovalam Kerala and on several occasions at Country Club at also the complainant stayed at Bandipura on two occasions. Further OP submits that it is always ready and willing to provide the holiday vacation to the complainant as and when requirements subject to booking of 30 days in advance.  The further allegations of the complainant that the OP availed the holiday package through resort condominium international RCI in Coorg, Club Mahindra without any justification the OP denied as false and incorrect. Instead made bald allegation against this OP for the purpose of filing the above case and nothing else.  The complainant though entitle to access the website through online. 

Further Op submits that he has issued the club membership cards in favour of complainant.  In terms of the agreement dated 20.01.2009 there is no provision for cancellation of the club membership or for refund of the amount.  However, the complainant is at liberty to sell or transfer or gift the club membership to any third party.  is no deficiency of service on its part.  In spite of that the complainants for the reasons best known to them have filed the above false and frivolous complaint.  Hence on these grounds and other grounds OP pray for dismissal of the complaint with exemplary cost.

4. The Op has filed I.A.1/2021 under Section 151 of CPC to permit to produce the documents by condoning the delay if any, same was came to be allowed.

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

6. The points that arise for our consideration are:

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

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

Point No.1:- Partly in the affirmative

Point No.2:- As per final order

REASONS

8. 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.3,00,000/- 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.  Though the complainant has paid the amount of Rs.3,00,000/- as membership fee, neither the OP nor its representative responded to the complainant.  In this context, he has made several E-mail correspondences which can be seen on going through Ex.A.2.  The consumer complaints are decided in the summary trial.  Strict proof of the contents of Ex.A.2 are not necessary since the OP admitted in respect of payment of Rs.3,00,000/-.  If the entire text of the complaint is taken into consideration, the OP has offered the complainants to become a member of its Club.  Believing the words of the OP’s representative, he made an amount of Rs.3,00,000/-.  Though received amount, again they asking for Rs.6,800/- being the annual maintenance charges.  Though received amount, OP did not give confirmation for club membership etc., for which complainant send several E-mails to OP requesting for refund of money. Thereafter, OP did not cancel the membership nor returned the membership fee and annual maintenance charges.  OP has taken the specific contention that the complainant has availed the service and stayed on 26.05.2014 and 27.05.2014 at Kovalam Kerala and on several occasions at Country club, complainant also stayed at Bandipura on two occasions.  Except the oral say, nothing is placed on record to come to the conclusion that the complainant has availed the said service.  When the complainant has not availed any kind of service much less the above said alleged services as stated by the OP, he is entitled for the refund of the earnest money.

9. In this context, we place reliance on the decision of the Hon'ble National Commission reported in 2019(1) CPR 647 (NC) in the case of Chief in Charge of M/s.Country Vacations and Anr. 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 decision cited supra, we come to the conclusion that, the OP has not given proper service.  Hence, we are of the opinion that, OP is liable to refund the amount of Rs.3,00,000/- to the Complainant with interest at the rate of 8% p.a. from the date of payment till realization with Litigation cost is fixed to Rs.5,000/-. Relief for compensation of Rs.5,00,000/- is rejected. Accordingly we answered point No.1 partly in the affirmative.

  10. 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.3,00,000/- (Rupees three lakhs only) with interest at the rate of 8% p.a. from the date of 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.  Relief for compensation for Rs.5,00,000/- is rejected.

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 18^th October, 2021).

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

Copies of Documents produced by the opposite party: