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

DATED 16^th DAY OF NOVEMBER 2021

Complainant/s: -                           

Sri N.M.Manjunath,

S/o N.S.Muniyappa,

Aged about 45 years,

R/at No.219, Prashanthnagar, Near Kateramma Temple, Devanahalli Town, Bengaluru-562110.

By Adv.Naveen Kumar.M

V/s

Opposite party/s:-    

1. Manager/ Incharge,

M/s The Country Club of India Ltd., and Country Vacations, No.67/A, Sathanur Village, Yelahanka Hobli, Bengaluru North-560064.

2. Manager/LC, Administration Department, M/s The Country Club of India Ltd., and Country Vacations, 6-3-1219/A, 2^nd Floor, Begumpet, Hyderabad, Andra Pradesh-50046.

3. Y.Rajeev Reddy, Chairman and Managing Director, M/s The Country Club of India Ltd., and Country Vacations, Amrutha Castle, 5-9-16, Saifabad, Secretariat, Hyderabad-500063.

By Adv.Sri.D.Narasegowda

ORDER

SMT. P.K.SHANTHA, MEMBER

The Complainant has filed this complaint U/s.12 of Consumer Protection Act 1986, seeking direction against the Opposite Parties (herein after called as OPs) to pay 5 lakhs as compensation due to lack of service, to pay litigation expenses of Rs.10,000/- and to pass such other reliefs.    

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

The Complainant submits that, OP No.1 approached him and introducing himself as a manager of M/s Country Club of India Ltd., and Country Vacations at Yelahanka Branch and also stated that he was representing on behalf of OP Nos.2 and 3 and invite the complainant to become member of their company. The complainant further submits that he visited the OP No.1 office and meet Manjunath- Manager, Keshav-Supervisor/trip advisor and Bhagya – representative. They are all allured the complainant that there is a special offer on the day, if he agreed to take their company membership, they provide one complimentary trip to Malaysia which include free air ticket to couples and free hotel accommodation etc., and membership fee is Rs.1,20,100/- instead of Rs.1,60,000/-, further OPs provide gift vouchers as well as discounted packages, prices and provide benefits of 10 years membership instead of 5 years and he will get benefit of stay up to 6 nights and 7 days for a period of every year at CCIL, properties within India for 10 years from the date of agreement. 

The complainant further submits that as per allurement and assurance made by OP No.1, he deposited Rs.1,20,100/- on 22.04.2019 and OPs took signatures of complainant on various papers. Further complainant submits that he became member of OPs company in the month of May, 2019 and his membership No.VBG2MCCLULB5SB263888.  After the complainant become member of the OPs company, he requested to make complimentary trip to Malaysia as stated by the OP No.1 at the time of signing the agreement, but the OPs failed to make any arrangements to provide complimentary trip.  The complainant had visited to Goa at his own expenses and no facilities including accommodation, gift vouchers etc., Further complainant so many times approached the OP No.1 through telephonically and personally and requested to give accommodation to either Kerala or any other places as available but each time the complainant contacted the OP No.1, but no avail.

Further complainant submits that OP No.1 provide the photo copy of the agreement to him and it was told to him that original agreement will be dispatched at his address through OP No.2 but till date no original agreement was even supplied by the OPs, instead of sending the agreement, OPs sent membership card to the complainant through courier. Thereafter, complainant and his family members are tried to visit the OP No.1 but OP No.1 has not permitted to enter in to the club premises and refused to provide any facilities as agreed by them. Thereafter, complainant got issued a legal notice to OPs on 15.05.2020 by terminating the agreement dated 21.04.2019 and to seek refund of amount of Rs.1,20,100/- along with interest. But OP Nos.1 and 2 intentionally avoid to take notice and OP No.3 received notice but not replied to the same. Hence, this complaint.

3. After receiving the notice, OPs did appear and filed version. OPs submit that complaint is not maintainable either in law or on facts, there is no cause of action, complaint is vague, bald and devoid of merits, hence, liable to be dismissed.  Further Ops submit that entire averments made in the complaint are categorically and specifically denied as totally false and incorrect. Further Ops submit that complainant requested them to do all necessary documentation work required for admitting them as the member of Country Club Hospitality and Holidays Limited for which OP No.1 explained to complainant regarding the different holiday packages and gave the copy of the purchase agreement to the complainant to thoroughly read the same and on the next day i.e. 21.04.2019 the complainant came back to the office of OPs and told that he has thoroughly read and understand all the terms and conditions of the purchase agreement and were interested to become the member of Country Club Hospitality and Holidays Limited.

Further OPs submit that complainant entered into purchase agreement dated 21.04.2019 and paid amount of Rs.1,20,100/-.  In terms of the purchase agreement, the complainant is entitled for holiday vacation for 2 nights 3 days in a year for a period of 5 years and mandatory annual administrative charges (AMC) yearly, irrespective of usage of facilities the membership is accepted subject to the terms and conditions 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 was given to the complainant. Further OPs submit that they are always ready to provide the package to the complainant but there should be 30 days in advance booking to be made to make necessary arrangements.  Further the club membership is for life time and it is transferrable to their family members. 

Further OPs submit that complainant entered into purchase agreement dated 21.04.2019 with OPs.  As per the terms of the agreement, the membership fees is not refundable deposit and not an investment the membership fees is not refundable under any circumstances, no provision for cancellation of the club membership.  However, the complainant is at liberty to sell or transfer or gift the club membership to any third party.  In spite of that the complainant for the reasons best known to her has filed this complaint on false and frivolous ground. If the allegation of cheating/breach of trust, the Complainant has to approach competent court of law. There is no deficiency of service on their part. Hence on these grounds and other grounds OP pray for dismissal of the complaint.

4. The Complainant to substantiate his case filed affidavit evidence and produced the documents which are marked as Ex.A.1 to Ex.A.15. OPs filed affidavit evidence and produced the documents. The complainant 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 answers 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 perused facts of the complaint, the documents produced by the complainant and the version filed by OPs. OPs in their version submit that the complaint is not maintainable either in law or on facts.  The complaint is vague, bald and devoid of merits and also the entire averments made in the complaint are categorically and specifically denied as false and incorrect.  The complainant has thoroughly read and understood all the terms and conditions of the purchase agreement and entered into purchase agreement dated 21.04.2019. Further, OPs are always ready to provide package to the complainant but there should be 30 days in advance booking to be made to make necessary arrangements, club membership is for life time and it is transferable to their family members.  Though the complainant deposited Rs.1,20,100/- and requested to make complimentary trip to Malaysia, OPs failed to make any arrangements to provide complimentary trip.  The complainant had visited to Goa at his own expenses and no facilities including accommodation, gift voucher etc., (to either Kerala or any other places) as available. It is not denied by the OPs in their version regarding the payment of Rs.1,20,100/- by the complainant as per the document Nos.Ex.A.1 and Ex.A.2.

8. Though the complainant approached OPs through telephone and personally and requested to OPs to give accommodation to either in Kerala or any other places as available but not availed. Thereafter, the complainant got issued legal notice to OPs on 15.05.2020 by terminating the agreement dated 21.04.2019 and seek refund of amount of Rs.1,20,100/- along with interest.  OP No.3 received the notice but not replied to the same.  The legal notice dated 15.05.2020 and original postal receipts and RPAD covers are marked as Ex.A.3 to Ex.A.5. In this case, the complainant seeking compensation of Rs.5,00,000/- (Rupees five lakhs only) due to lack of service and to pay litigation expenses of Rs.10,000/- (Rupees ten thousand only).  But, the complainant has paid membership fee of Rs.1,20,100/- to the OP, hence, we place the reliance on the decision of Hon'ble National Commission reported in 2019 (I) CPR 647 (NC) in the case of Chief in-charge of M/s Country Vacations and Ant. Vs. Jayanti Mukherjee, wherein it is held that “no amount can be retained by the service provider without offering any service”. Hence, complainant is entitled for refund of amount of Rs.1,20,100/- which was paid by him.  OPs are liable to refund the same with interest and litigation cost.

9. The complainant has successfully proved the deficiency of service.  Hence, we are of the considered view that OPs are directed to refund Rs.1,20,100/- (Rupees one lakh twenty thousand hundred only) to the complainant with interest at the rate of 8% p.a. from the date of periodical payment till realization with litigation cost of Rs.5,000/- (Rupees five thousand only). 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

1. The complaint filed by the Complainant is allowed in part.

2. The OPs are jointly and severally directed to pay Rs.1,20,100/- (Rupees twenty thousand one hundred only) with interest at the rate of 8% p.a. from the date of periodical 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. 

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 16^th day of November, 2021).

Copies of Documents produced by the Complainant which are marked as Ex.A.1 to Ex.A.15: