BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE URBAN

    30^th DAY OF SEPTEMBER 2019

Complainant/s: -                           

Sri.Yashwanth.V

S/o Sri.Venkataramanappa, Aged about 40 years

R/at No.119, 1^st Main,

4^th Cross , R.H.B.Colonty, Mahadevapura Post,

Whitefield Road,

Bengaluru-48

By Adv.Sri.S.N.Madhu

V/s

Opposite party/s:-    

1. M/s.Country Club (I) Ltd., Reg.Office at Amrutha

Castle, 5-9-16,

Saifabad, Opp.Secretaiat,

Hyderabad-500063.

Rep. by its Managing Director

2. M/s.Country Vacations,

Division of Country

Club (I) ltd., No.55/1,

Varthur Hobli,

Sarjapura Road, Devarabisanahalli,

Bengaluru-103.

Rep. by its Managing Director

By Adv.Sri.D.Narase Gowda

ORDER

SRI. S.L PATIL, PRESIDENT

The Complainant has filed this complaint U/s 12 of Consumer Protection Act 1986, seeking direction against the Opposite Party No.1 & 2 (herein after called as OPs) to reimburse the sale consideration amount of Rs.1,18,000/- with interest at 12% p.a.; to pay compensation of Rs.50,000/- and to award such other reliefs.

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

The Complainant submits that, one of the employees of the OPs visited his house and mislead that if membership is taken from their club a life insurance cover for the value of Rs.6 lakhs of HDFC bank will also be provided in addition to the club membership and further stated that the club will collect an amount of Rs.1,18,000/- as Club Membership Fee and later when the club forms a layout in and around Bengaluru the same amount will be considered as advance amount to block a site in the name of the Complainant. The Complainant lured by his words paid the said amount and entered and signed an agreement ‘Purchase Agreement for Club and Vacation Membership’ on 04.03.13. After availing the membership, Complainant on many vacations called up to book rooms in hotels and resorts of the OP, but no proper response was given. The OPs never cared to fulfill the promises of providing services as promised at the time of providing the club membership even after repeated requests and demands. OPs have acted in a most negligent and unfair manner in dealing with the Complainant which has caused loss, suffering and mental agony. In this context, he issued legal notice dtd.18.11.13 for which OPs given evasive reply on 23.12.13. Hence this complaint.

3. After issuance of notice, OPs did appear and filed version.  The sum and substance of the version is that, the Complainant has paid Rs.1,18,000/- under various installments towards membership and received laminated membership cards. In terms of the Purchase Agreement the Complainant is entitled for holiday vacation for 6 nights 7 days every year for a period of 5 years. Accordingly, OP is always ready and willing to provide the holiday vacation as and when their requirements subject to booking of 30 days in advance. In addition to the holiday vacations, club facilities and life time country club membership OPs have given LCD television to the Complainant as free complementary. But OPs never assured to issue insurance policy coverage of Rs.6 lakhs. As OPs are providing multi gym facility and body spa at their various units, the Complainant is at liberty to utilize the same. The Complainant enjoyed the benefits and services of the club membership. He failed to pay the annual maintenance charges of Rs.6,742/-. As per the terms and conditions of the agreement, the clause 3, 9, 11 and 13 there is no provision for refund or cancellation of the membership. However, he is at liberty to sell/transfer/gift the club membership to any third party. Hence, there is no deficiency of service on their part. Hence on these grounds and other grounds OP prays for dismissal of the complaint.

4. The Complainant to substantiate his case filed affidavit evidence and produced the documents. OP.1 & 2 filed affidavit evidence and produced the documents.  Both filed written arguments. Heard. 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 OPs, 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 OPs.  The undisputed facts which reveal from the pleadings of the parties goes to show that, the Complainant has availed the membership from OPs by paying an amount of Rs.1,18,000/-. The grievance of the Complainant is that, after availing the membership from the OPs, on many occasions called up the club to book rooms in hotels and resorts of the Country Vacations, but no proper response was given by the OP representatives/employees and gave rude reply to the calls of the Complainant and this caused mental agony and tension to him. To falsify this contention, neither the OP.1 nor OP.2 produced any of the relevant documents to show that they have given the service to the Complainant. The sole contention taken by the OPs is that, the said membership cannot be cancelled. However, the Complainant is at liberty to sell/transfer/gift the membership to any third party. In our considered view, this option cannot be taken in to consideration, since the OPs did not redress the grievances of the Complainant in respect of booking the rooms in their resorts, that itself is a deficiency of service in the light of the decision of 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.”

8. In the light of the decision cited supra, we come to the conclusion that, the OPs have not given proper service. Under such circumstances, the question of paying annual maintenance charges and also sell/transfer/gift the membership card to any third party will not come in the way to redress the grievance of the Complainant as the said terms and conditions are unreasonable. Hence, we are of the opinion that, OPs are liable to refund the amount of Rs.1,18,000/- to the Complainant without there being any interest much less the compensation. Litigation cost is fixed to Rs.5,000/-. Accordingly we answered point No.1 partly in the affirmative.

          9. 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.1 & 2 are jointly and severally liable to pay Rs.1,18,000/- to the Complainant along with litigation cost of Rs.5,000/- within six weeks from the date of receipt of this order, failing which, the said amount of Rs.1,18,000/- carries interest at 8% p.a. from the date of this order till the date of realization.  

Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 30^th day of September 2019)

        MEMBER                                             PRESIDENT

Witnesses examined on behalf of the Complainant dated.08.05.14

Sri.Yashwanth.V

Copies of Documents produced by the Complainant:

Witnesses examined on behalf of the OPs dated.08.01.15

Sri.Nawaz, Manager    

Copies of Documents produced by OPs

            MEMBER                                           PRESIDENT