CC No.1883.2014

Filed on 10.11.2014

Disposed on 05.07.2016

BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM,

BANGALORE – 560 027.

DATED THIS THE5^thDAY OF JULY2016

CONSUMER COMPLAINT NO.1883/2014

PRESENT:

Sri.H.S.RAMAKRISHNA

                                PRESIDENT

               Smt.L.Mamatha, B.A., (Law), LL.B.

                             MEMBER

                                              V/S

ORDER

BY SRI.H.S.RAMAKRISHNA, PRESIDENT

1.        This Complaint was filed by the Complainant on 10.11.2014U/s 12 of the Consumer Protection Act, 1986 and praying to pass an Order directing the Opposite Parties to pay a sum of Rs.57,000/- towards Principal amount, Rs.10,000/- towards Mental Agony, Rs.10,000/- towards Torture, Rs.10,000/- towards Conveyance Charge, and Rs.10,000/- towards Misc Expenses to the complainant and other reliefs.  

2. The brief facts of the complaint can be stated as under:

In the Complaint, the Complainant has purchased a Country Club Membership Card for a valuable consideration of Rs.57,000/- by way of credit card vide No.5101359254130716 drawn on S.B.I.Branch, Bangalore dt.23.08.2014.  At the time of purchasing, the membership card the Opposite Party were promised to offer the lifetime membership for entire family, without annual maintenance charges and the complainant is eligible for tour for 7 days within India for an year (7 days) with lodging and boarding and Opposite Parties promised the complainant can to use the party hall, swimming pool and other entertainment activities with family members.  Thereafter, the complainant has satisfied the same and he has been signed the agreement dt.23.08.2014, after perusal of the said agreement the complainant noticed that the promised made by the Opposite Party are not mentioned in the agreement.   The complainant by sending mail to the Sales Manager of Opposite Parties to refund the advance amount of Rs.57,000/-and not to entertain the application and taken as withdrawn and not pressed.   The complainant then approached the Opposite Parties 3-4 times and requested and demanded to repay the sum of Rs.57,000/- and also by written application.   The Opposite Parties have not fulfilled the request of the complainant without any alternative remedy, the complainant caused legal notice, calling upon the Opposite Parties to repay the amount within 15 days.  But the Opposite Parties fails to comply with the legal notice.  Hence, this complaint. 

3.      In response to the notice, the Opposite Parties put their appearance through their counsel. The Opposite Parties have filed in their common version. In the version, it is pleaded that the complaint is not maintainable either in law or on facts.  The complaint is vague, bald and the complaint is devoid of merits.   The complainant paying a sum of Rs.57,000/- towards the Club Membershipin terms of the Purchase Agreement dt.23.08.2014.   The Opposite Parties upon receipt of the amount has issued the permanent membership cards to the complainant and her dependents and the same was duly acknowledged by the complainant.  Apart from the Opposite Parties had issued gift vouchers and Spa Coupons to the complainant.    The booking of holidays are made through online question of responding does not arise.   In fact, the complainant not made any bookings to provide the holiday vacation to the complainant.   The complainant is not an illiterate person and enjoying the benefits and services of the Club Membership and instead of remitting annual maintenance has foisted the above false complaint and nothing else and denied the averments made in the complaint.   The Opposite Parties in their amended version pleaded that the complainant has taken back a sum of Rs.57,000/- on 13.10.2014.   Even after receipt of the entire amount from the Opposite Parties, the complainant by suppressing the true and material facts has filed the above false and frivolous complaint.   Hence, the Opposite Parties prays for dismissal of the complaint.

4.      The Complainant Ramesh Rajappa filed his affidavit by way of evidence and closed his side.Heard the arguments.  

5.      The points that arise for consideration are:-

1. Whether the Complainant has proved the alleged deficiency in service by the Opposite Parties?
2. If so, to what relief the Complainant is entitled?

6.      Our findings on the above points are:-

                   POINT (1):-Negative

                   POINT (2):-As per the final Order

REASONS

7. POINT NOs. 1& 2:     As looking into the complaint and also version filed by the Opposite Parties, it is not in dispute that the complainant has purchased Club Membership of Opposite Parties by paying a sum of Rs.57,000/- on 23.08.2014.  Further to substantiate this fact, the complainant filed his affidavit and reiterated the same and to substantiate the fact, the complainant also produced the purchased agreement for Country Vacation Classic Membership Form.  As looking into this document, it clearly shows that the complainant on 23.08.2014 entered into Purchase Agreement, the Country Vacation Classic Membership and also produced the AxisCard transaction.  By looking into this, it clearly reveals that the complainant paid a sum of Rs.57,000/- through his Axis Bank Credit Card to the Opposite Parties on 23.08.2014. This evidence of the complainant remains unchallenged.  To disbelieve this evidence, there is no contra evidence.Therefore, it is proper to accept the contention of the complainant that on 23.08.2014, the complainant purchased Country Vacation Club Membership Card for a consideration of Rs.57,000/-.

8. It is further case of the complainant, at the time of purchasing, the Country Vacation Club Membership Card the Opposite Parties have offered the complainant lifetime membership for entire family, without annual maintenance charges and the complainant is eligible for tour for 7 days within India for an year (7 days) with lodging and boarding and the complainant will be constraineduse the party hall, swimming pool and other entertainment activities with family members.  But after perusal of the said agreement, the complainant noticed that the promised made by the Opposite Parties are not mentioned in the agreement.   Thenthe complainant made a mail to the Sales Manager of Opposite Parties to refund the advance amount of Rs.57,000/-and not to entertain the application and taken as withdrawn and not pressed.   The complainant then approached the Opposite Parties and requested and demanded at several timesto repay the sum of Rs.57,000/-, but Opposite Parties fails to refund the same.  The complainant got issued Legal Notice, but Opposite Parties fails to comply this notice.   To substantiate this fact, the complainant in his Sworn Testimony,reiterated the same and produced mail correspondences send by the complainant with the Opposite Parties.   On 01.09.2014 the complainant send a mail to the Opposite Parties for cancellation of membership, so also, mail send by the complainant on 25.08.2014 informing the Opposite Parties that he has decided to stop to become the member of the Opposite Parties.   So from this evidence, it is clear that the complainant has requested the Opposite Parties not to become the member, but the complainant has not produced any evidence. Except his interestedversion that at the time of becoming member of Opposite Parties have offered the complainant lifetime Membership for his entire family without annual maintenance charges and also provided 7 days’ Vacation Package within India lodging and boarding and constrained to use party Hall, Swimming Pool and other entertainment activitieswith family members.   On the other hand, as looking into Purchased Agreement dt.23.08.2014, as per the terms and conditions of this agreement, the membership fee is nonrefundable under any circumstances and that the membership Card will be issued to his spouse and children up to the age of 25 years.   The food and privileges will be charges as well as services tax and also a stay for period of every year for upto 2 Nights and 3 Days each year at CCIL properties within India for the next 5 years from the date of this Agreement and accommodation stay includes for selected time for Second Party, spouse and 2 children below 12 age.  Extra bed would be at the rate of Rs.500/-for all these conditions, the complainant was agreed and sign his agreement.   The contention taken by the complainant that the Opposite Parties have promised to offer a lifetime membership for entire family without annual maintenance charges and also for tour for 7 days within India for an year (7 days) with lodging and boarding.  In that event, what is necessary for the complainant to sign this document i.e., agreement.  In that event, at the time of entering into the agreement, itself.  The complainant raised his objection and demanded for refund of amount.  Except doing so, the complainant being an illiterate person and after going through the signed agreement and accepted the terms and conditions of the agreement and now filed this complaint that a false grounds and demanding for refund of the money.

9. On the other hand, the defence of the Opposite Parties is that on 23.08.2014, the Opposite Parties upon receipt of the amount issued, the Permanent Membership Card to the complainant.  This fact is not denied or dispute by the complainant and in support of this also the Girish Kumar V.N. in hissworn testimony, reiterated the same and also taken defence that the complainant has taken back above said amount of Rs.57,000/-on 13.10.2014.  Even after, the receipt of the entire amountby theOpposite Parties.  The complainant by suppressing the true and material fact, filed this false and frivolous complaint.   In support of this defence, Sri.Girish Kumar in his affidavit reiterated the same and also produced Statement of Account.   As looking into this Statement of Account of Axis Bank, it is in the name of the Country Hospitality and Holidays Account No.912020053058070 and this Statement of Account is for the period 13.10.2014 to 13.10.2014.  As looking into this Statement of Account, it is clear that on 13.10.2014 a sum of Rs.57,000/- through EDC/MDS/CB-2794/510135 paid to the complainant.  So, as per the demand made by the complainant for refund.   Even though according to the terms and conditions of the agreement, amount is non-refundable.  In spite of that Opposite Parties have refunded the amount of Rs.57,000/- to the complainant.   In spite of that, by suppressing this fact, the complainant filed this frivolous complaint.   This evidence has not challenged by the complainant.   Therefore, it is proper to accept that the complainant have received an amount of Rs.57,000/- and filed this false and frivolous complaint.  

10. Even by looking into the allegations made in the complaint, except stating that at the time of entering into the agreement, the Opposite Parties have promised several things i.e., lifetime membership for entire family, without annual maintenance charges and the complainant is eligible for tour for 7 days within India for an year (7 days) with lodging and boarding and also complainant will be constrained use the party hall, swimming pool and other entertainment activities with family members.  But this fact have not been established to show that there is any deficiency of service by the Opposite Parties.   Thereby, the complainant fails to prove that there is a deficiency of service on the part of the Opposite Parties.  Hence, this point is held in the Negative.In the result, for the foregoing reasons, we proceed to pass the following order:

ORDER

The Complaint isdismissed.  No costs.

Supply free copy of this order to both the parties. 

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Forum on this, 5^thday of July 2016)

L.MAMATHA                             H.S.RAMAKRISHNA

MEMBER                             PRESIDENT

LIST OF WITNESSES AND DOCUMENTS

Witness examined on behalf of the Complainant:

1. Ramesh Rajappa, who being Complainant has filed his affidavit.

List of documents filed by the Complainant:

1. Copy of the Purchase Agreement and Club Membership Purchase Agreement and Vacation Agreement (Classic) dt.23.08.2014
2. Copy of the Axis Bank Receipt,
3. Copy of the mails dt.01.09.2014, 25,08.2014.
4. Copy of the Country Vacation letters
5. Copy of the India Post details Track Events for EK444158547IN
6. Copy of the Dispute Form
7. Copy of the Postal Acknowledgements
8. Copy of the Country Club Membership Application Form
9. Copy of the Legal Notice dt.06.09.2014

Witness examined on behalf of the Opposite Party:

1. Girish Kumar V.N,has filed his affidavit on behalf ofthe Opposite Parties.

List of documents filed by the Opposite Parties:

1. Copy of the Purchase Agreement dt.23.08.2014
2. Copy of the Confirmation by Member
3. Copy of the Membership Card
4. Copy of the member password login
5. Copy of the Gift Voucher
6. Copy of the complaint taken back the entire amount Rs.57,000/- and statement.  

MEMBER                                                      PRESIDENT