BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE URBAN

    21^st DAY OF APRIL 2021

Complainant/s: -               Anantha Prasad.D.S.,

Aged about 55 years S/o Late Satyanarayana Rao, R/at No.88,

Akshaya 5^th Cross, 3^rd Main, Megharanjani Road, Vaadiraja Layout, Akshayanagar West, Bengaluru-500068.

Inperson

V/s

Opposite party/s:-             M/s Country Vacations

A Division of Country Club (1) Ltd., Office at Amrutha Castle, 5-9-16, Saifabad, Opp. Secretariat, Hyderabad-560063. Represented by its Authorized representative.

                                            (Sri D.Narase Gowda, Advocate)

ORDER

SRI. S.L PATIL, PRESIDENT

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 pay a sum of Rs.1,70,000/- along with interest at 10% p.a. from the date of receipt of the said amounts till realization, to pay Rs.1,05,000/- as compensation and damages, to pay cost of the complaint and to award such other reliefs.

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

The Complainant submits that, based on the public advertisements and marketing team’s invitation, myself and my wife visited Country Vacation’s Koramanagala Office on 06.04.2013 to attend the briefing secession/exhibition of products and services.  The secession was conducted by Ms.Veena and Ms.Mamatha (introduced as Manager) and after briefing by Veena, Mamatha met him and his wife to attend the queries regarding AMC charges, refund of amount etc.,  The Mamatha jotted down all the concerns on a blank sheet of paper and assurances were given, including the payment of AMC, not being mandatory and full refund of the membership fee along with interest after a period of 3 years if he is not satisfied/utilized and or availed any hospitality services. 

The complainant further submits that based on the assurances, he paid Rs.1,70,000/- towards membership bearing No.CVCBG1BGCLUB830LB142997.  But OP has failed to provide the services as assured including provide periodical information on events/changes in addresses/contact number etc., by Mail or post.  The complainant has opted for refund of amount with interest for which he directed to different branches and on one was ready to attend his issues.  Firstly, the complainant went to Koramangala Office, where he was asked to meet after some days as the concerned Manager was on leave.   During 2^nd visit, he was very tough and did not leave the place and finally could meet B.M.Reddy who assured him that B.M.Reddy will discuss with Head office and resolve and taken a written complaint for which he was not given any acknowledgement. The complainant made several correspondence through E-mail and phone calls, later OP had stopped answering to phone calls.  Due to this follow up, complainant had served legal notice through his advocate on 15.01.2021, hard copy of Head office and soft copy by E-mail.  Even then the complainant has not received any response. It is further submitted by complainant that OP is guilty of committing unfair trade practice and providing deficient service by not fulfilling the assurances given by their marketing team, he confirmed that B.G.Road facility is fully equipped and motivated to buy membership with the hope that we can use the facility and after few months, he tried to visit the club and found that the assurance was not real, there was no SPA and swimming pool etc., The complainant was given a complimentary free pass for SPA, he wanted to try and attempted to get appointment at Sarjapur Road where he was told that he will have to do booking a day in advance, but whenever he called, he getting an answer that SPA was full.  The complainant and his wife went and were asked to pay Rs.350/- each for which no receipt was given.  Once message is done were made to stay in bathroom for more than half an hour as there was no hot water, later he was given a bucket of warm water each.  The bathroom was very unhygienic as they could see the cockroaches, tiles were slippery and stinking. 

It is further submitted by complainant that cause of action for filling the present complaint is arose in the month of June, 2014 when the complainant was enticed by the false assurance and promises.  Thereafter cause of action arose on June, 2016 when parties herein executed an agreement, in Dec.2019 when complainant sought to terminate the agreement and on 15.01.2021 when he got issued a legal notice to OP.

It is further submitted by complainant that this Commission has territorial and pecuniary jurisdiction to adjudicate the matter. Hence, this complaint.   

3. OP did appear and filed version denying the allegations made against him. OP in its version submits that complaint is not maintainable either in law or on facts and it is liable to be dismissed and also not maintainable since there is no cause of action, complaint is vague, bald and devoid of merits.  It is further submitted by OP complaint is hopelessly barred by law of limitation, the complaint is filed after lapse of 7 years. The complaint of the complainant is imaginary one.

Further OP submits that is carrying on hospitality business and has association with established several clubs and resorts across the country and abroad and is providing good service to its members.  It is further submits that it is a pioneer in the concept of family clubbing in the country, it has a global gateway via country vacations, and DAE affiliation for its esteemed members. It is further submits that Country club hospitality and holidays limited provides a state of the art Health Club, mutli-cuisine restaurants, business centers, swimming pools and other facilities and is a powerhouse of entertainment organizing beauty pageants as well as varied events.  Further submits that complainant requested it to do all the necessary documentation work required admitting them as members of Country Club Hospitality and Holidays Limited.  Upon the said request of complainant, OP explained regarding the different holiday packages offered and gave copy of purchase agreement country club hospitality and holidays limited (herein referred to as purchase agreement).  The complainant told the OP that he wanted to read the draft copy of purchase agreement before affixing signature and took the same then on next day i.e. 06.04.2013 he came back to office of OP and told that complainant interested to become the member of Country Club Hospitability and Holidays Limited.

The Complainant entered in to purchase agreement dated 06.04.2013 by paying Rs.1,70,000/-. In terms of the said agreement, the Complainant is entitle for Holiday vacation 6 nights 7 days in year for a period of 30 years. That apart the complainant was provided to access the website through on-line by giving ID and password and also complimentary Spa Coupons and one day privilege pass holiday gift voucher. It is further submitted by OP that main benefits for club membership and a holiday/vacation package in terms of the offer mentioned in the purchase agreement is correct and rest of the averments are totally denied as false.  The OP is always ready to provide the package to complainant but there should be 30 days in advance booking to be made to make necessary arrangements.  In terms of agreement conditions, Class, the membership fee is not a refundable deposit and not an investment the membership fees is not refundable under any circumstances, no provision for cancellation of the club membership.

Further OP submits that complainant with a dishonest and malafide intention has filed the above complaint by making all false and baseless allegations for which there is no basis.  The complainant not entitles for any relief much less than they have sought in the complaint and he is trying to take aid of this Commission for their illegal claim hence, the complaint is liable to be dismissed with exemplary cost.  It is crystal clear from the complaint that the OP has never rendered any deficiency in service in providing the facilities as agreed.  There is no cause of action and OP not rendered any deficiency in service.  It is submitted that the complainant and his family members is one way regularly availing the services of the club and on the other way has filed the above false and frivolous complaint.  After availing the benefits and utilizing the services regularly at this stage seeking refund of membership amount on untenable ground does not arise.  Hence on these grounds and other grounds OP pray for dismissal of the complaint.

4. To substantiate the case, the Complainant has filed affidavit evidence and produced the documents. OP has filed affidavit evidence. The documents produced by complainant marked as Ex.A.1 to A.6.  Heard both sides. We have gone through the available materials on record.

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 answer 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. The relief i.e. claimed by the Complainant is direct the OP to refund Rs.1,70,000/- with interest, compensation of Rs.1,05,000/- etc.,

8. We placed reliance on the contents of the complaint with reference to the documents produced by the Complainant. The grievance of the Complainant is that, after joining the OP company representative of OP did not receive the call and when he received he started to avoid the discussion and give unnecessary reasons. Whenever he logged in with OP’s website, he was not able to book holidays. The said negligent/inefficient service of the OP made him to suffer mentally, physically and financially.

9. It is settled preposition of law that when the substantial amount has been received for the availment of the service, it is the duty of the OP to provide the better service, if not it amounts to deficiency of service much less the unfair trade practice.  In the instant case, the complainant has paid substantial amount of Rs.1,70,000/- for membership to the OP Club, when he got realized that the service of the OP is not up to the mark, in this context, he requested for refund of the amount for which OP has taken contention that as per the terms and conditions, the amount of membership is not refundable, at most the complainant sell the membership to third party.  This contention taken by the Op has no legs to stand as per the light of the decision reported in 2019 (3) CPR 161 (NC) in the case of Mahindra Holidays and Resorts India Ltd., Vs Col. (Retd.) S.P.Pulchala and another – wherein it is held that “self made rules for own firm have no legal significance if proved contrary to law”. 

10. Further, we noticed that no proper service has been rendered by OP, when such being the fact, no amount can be retained by service provider without authorizing any service as held in the decision reported in 2019 (1) CPR 647 (NC) in the case of Chief-in-charge of M/s Country Vacations and another Vs. Jayanti Mukherjee.  In the light of decisions cited supra, we come to the conclusion that the complainant did not satisfied with regard to the service provided by the OP.  In this context, he made several correspondence for which there was no reply.  Hence, he constrained to file this complaint to redress his remedy by this Commission.  Accordingly,  we are of the opinion that, OP is liable to refund the amount of Rs.1,70,000/- to the Complainant with interest at 10% p.a. by way of compensation along with litigation cost of Rs.5,000/-. 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

The complaint filed by the Complainant is allowed in part.

2. The OP is directed to refund Rs.1,70,000/- to the Complainant with interest at 10% p.a. by way of compensation from the date of payment till realization along with litigation cost of Rs.5,000/-.  

3. We also direct the OP to realize the above said amounts to Complainant within four weeks from the date of receipt of this order, failing which the Complainant are at liberty to have the redress as per law.

4. Furnish free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Commission on this 21^st day of April 2021)

The documents produced by complainant as marked as Ex.A. to Ex.A.6 as follows:-