| Final Order / Judgement | CONSUMER DISPUTES REDRESSAL COMMISSION-VII DISTRICT: SOUTH-WEST GOVERNMENT OF NCT OF DELHI FIRST FLOOR, PANDIT DEEP CHAND SHARMA SAHKAR BHAWAN SECTOR-20, DWARKA, NEW DELHI-110077 CASE NO.CC/237/09 Date of Institution: - 02.04.2009 Order Reserved on: - 08.04.2024 Date of Decision: - 12.09.2024 IN THE MATTER OF: Kulmohan Singh Mehta S/o Late Shri Kulwant Singh R/o G-2, Ground Floor, Kailash Colony, New Delhi - 110048 .….. Complainant VERSUS South Delhi Club Ltd., Through its Secretary Club House, Central Park, Greater Kailash Part-I, New Delhi - 110048 .…..Opposite Party Per Dr. Harshali Kaur, Member - The complainant has filed the present complaint under section 12 of the Consumer Protection Act 1986 alleging deficiency in service and unfair trade practice on the part of the OP, who floated a scheme for enrolling new membersin the OP club on concessional admission rates of Rs.60,000/- around June 2007 for three months. The OP circulated a letter proposing the scheme, a copy of which has been filed by the complainant as Annexure C-1 with his complaint.
- Allured by the scheme, the complainant applied for membership at the OP club on 29.07.2007 and paid a sum of Rs.67,419/- towards the membership fees via cheque no.719990 on 29.07.2007 along with the filled Form. A copy of the Form, cheque and receipt issued by the OP Club is annexed with the complaint as Annexure-2. The complainant and his wife receivedan identity card with membership number N-1237 (Annexure-3).
- The complainant states that he regularly paid the quarterly charges and other amounts demanded by the OP and never defaulted on the said payments. He has annexed the copies of the receipts as Annexure-C-4.
- The complainant's grievance is that the OP never disclosed that they had ongoing court litigation in the Hon'ble High Court about the land on which the OP club is running. Instead, he found out about the case viaa letter dated 10.11.2008 (Annexure-C-5). The complainant further received a letter dated 31.01.2009 from the OP informing him that the land on which the OP club was functioning had to be surrendered in terms of the order passed by the Hon'ble High Court (Annexure-C-6).
- Feeling cheated, the complainant sent a letter dated 26.02.2009 (Annexure-C-7) to the OP asking them to refund his membership amount and further payments made by the complainant. The complainant, therefore, filed the present complaint before this Forum when the OP did not resolve his grievance. He has prayed for a refund of all payments made by him as per Annexure-C-2 and C-4, Rs.25,000/- towards harassment and mental agony faced by him, Rs.25,000/- towards litigation expenses along with interest @18% p.a. from 29.07.2007 till payment.
- On notice, the OP filed a reply admitting that the complainant had applied for membership to the OP club on 29.07.2007. After an interview, he was offered the membership,which the complainant accepted, and he paid the club membership fee of Rs.67,416/- on 29.07.2007 via cheque, as he had stated. However, the OP club was never intended to be closed down, and it is still functioning. It continues to operate from the same premises. The legal issues originated in 1997-98 and were being dealt with in the courts. The complainant accepted the membership only after being fully satisfied with the OP club, and he can freely elicit any information or ask for clarification from the members of the board and OP club administration staff.
- Thereafter, the complainant filed a rejoinder, and the OP tried to explore an amicable settlement before the Forum. When the settlement failed, the OP did not appear and hence was proceeded ex-parte vide order dated 01.09.2009. The complainant filed his ex-parte evidence and written argumentsreiterating the averments made in the complaint. After several opportunities and notices sent to the parties went unanswered, we felt it prudent to decide the present case based on material on record due to its long pendency.
- We have carefully gone through the facts and circumstances in the present complaint and have perused the documents filed on record by the complainant to substantiate his sworn testimony. The OP is ex-parte.
- We find that the complainant took the membership of the OP club after paying membership of the OP club to the tune of Rs.67,416/- on 29.07.2007 vide cheque no.719990 drawn on HDFC Bank (AnnexureC/2, page no.8 & 9).
- Following the process ofgranting membership, the complainant was interviewed by the OP club Managing Committee Members.After fully satisfying themselves, membership was given to the complainant along with a receipt of payment towards the payment made, a copy of which has been annexed with the complaint as Annexure-C/3. A membership number, i.e. N-1237 and identity cards (page no.12),were issued for the complainant and his wife.
- The complainant regularly paid the quarterly charges towards the membership and has annexed the copies of the receipts issued by the OP club dated 12.08.2008 for Rs.764/-,01.07.2008 for Rs.764/-, 21.04.2008for Rs.814/-, 04.02.2008 for Rs.764/-, 28.01.2009 for Rs.1528/-.(Annexure-C/4)
- The complainant received a letter dated 10.11.2008 issued and signed under the hand and signature of Sh. V. P. RaoriHony. Secretary of the OP club,who apprised the complainant about the ongoing litigation and the opportunity for a mutual settlement,calling upon the complainant to clear all pending dues.
- On 31.01.2009, the complainant received another letter, wherein the secretary of OP updated the complainant about the judgment dated January 2009 against the OP club.
- Thus, the complainant issued a letter dated 26.02.2009 to the OP club seeking a refund of the amount paid by him. When the OP club did not resolve his grievance,he filed the present complaint.
- The OP has filed the reply simply stating that the complainant could have sought information from the club members at any time. Further, the OP stated that the complainant was made aware of the litigation and applied for membership only after being fully satisfied with the terms and conditions of the OP club. Further, the OP club is fully functional and in the same place, and the litigation has not affected the working of the OP club in any way.
- The complainant filed his rejoinder and affidavit in evidence, reiterating the averments made in the complaint. The OP did not appear to file their affidavit in evidence and thus were proceeded ex-parte.
- The complainant's case is that the complainant felt the OP club members had misled him into taking the OP club membership by paying the heavy membership fee and further quarterly subscription.He, therefore, wished to withdraw his club membership after realising that the OP club was involved in litigation and get a refund of the amount he had paid.
- The OP has failed to file any document showing that the complainant was informed about the litigation involving the club in 1996-1998, as mentioned in the letter dated 10.11.2008 sent to the complainant.
- Since the complainant took the membership in 29.07.2007 while the litigation was ongoing, it was undoubtedly the OP's duty to inform the members joining the OP club regarding the legal process in which the OP was involved. Though the OP filed their reply,no document/terms and conditions/ or any cogent document to show that the complainant was informed about the same is annexed with the same.
- The OP is ex-parte, and we have no reason to disbelieve the complainant's uncontroverted testimony, which he has corroborated with substantial evidence.
- In light of the discussion above, we allow the complaint and direct the OP to refund the membership amount of the OP club only, i.e. Rs.60,000/- paid by the complainant. No other order as to cost as interest paid in this case shall adequately serve the ends of justice.
- A copy of this order is to be sent to all the parties as per rule.
- File be consigned to record room.
- Announced in the open court on 12.09.2024.
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