Karnataka

Bangalore 4th Additional

CC/326/2017

C.N.Madhu, S/o B.Narayanaswamy, - Complainant(s)

Versus

The Country Club Hospitality and HolidaysLtd CCHHL, - Opp.Party(s)

15 Jul 2017

ORDER

 

 

 

 

 

 

 

 

 

ORDER

 

Under section 12(3) of consumer protection Act. 1986.

 

SRI.H.Y.VASANTHKUMAR, PRESIDENT 

 

             The Complainant  has been alleging the deficiency in service against the Opposite parties in not providing the privileges after he became its member and thereby has sought direction for return of entire Rs.25,000/- with interest at 36% from 08.09.16 with total compensation of Rs.70,000/-.

 

 

          2. The case of the Complainant in brief is that he being the declared lucky winner, became the member of the Opposite parties under the category “Country Club Thumbs Up Card” on their assurance about the various benefits and privileges. When he asked for the same in writing, he was asked to sign on one general agreement to become the member first, to avail all oral promises and the Opposite party no.2 promised to send another agreement as the special approval from their Branch Manager to his residential address within a week with the membership card. The Opposite party no.2 did not give time to read the said agreement saying that it is only general agreement. Later, the Opposite parties totally failed to issue membership card, though he visited several times to get the services mentioned in agreement dtd.08.09.16. He has waited to receive the said card, without which he could not get any services. He being recently married person felt cheated by the Opposite parties for a sum of Rs.65,000/- on 08.09.16, after he made the payment of Rs.25,000/- through his debit card. The Opposite party no.2 instructed and made him to download his membership privileges in his mobile and assured that it would be activated only after receiving the membership card to get all benefits. He was given with the membership no.CVBG1TCLUB225985 (C.N.Madhu) and made him liable to pay balance of Rs.40,000/- as first instalment. He waited patiently to receive membership card and then to pay the amount. He visited the Opposite party premises at Yalahanka and came to know that no such offers were made by it. He was not allowed to enter the club without the membership card when he went there to utilize the swimming pool and to get other benefits. He was informed that no such benefits are available at free of cost. The act of the Opposite parties amounts to fraud on him and hence sent email request for cancellation of his membership on 24.01.17 seeking refund of advance amount and on the next day he received reply that the Opposite parties are ready to provide best and efficient services.  He visited not less than 20 times but he was not responded in proper manner till today, only on the guise of want of membership card. He issued legal notice on 04.02.17 and it was replied on 13.02.17 with evasive answers stating that he is entitled for 3 nights, 4 days of holiday vacations in a year for a period of one year, but in general agreement in clause no.1 it is mentioned as stay for a period of every year for up to 2 nights and 3 days each year at CCHHL properties within India for the next five years from the date of agreement. Hence this complaint.

 

          3. The doc.no.1 consisting of separate three agreement headlines: (1) Purchase agreement for country vacations, Classic membership from Country Club Hospitality and Holidays Ltd., (2) Vacation agreement, (3) club membership purchase agreement show that on 08.09.16 the Complainant became the primary member agreeing to the separately mentioned terms & conditions. Rs.65,000/- and Rs.25,000/-  were shown product price and cash out price for vacations agreement. Therein it is mentioned that the membership fee is non-refundable under any circumstances and it is not a deposit.

          4.  The Opposite parties received Rs.25,000/- and issued the membership number wide doc.no.2. The Complainant requested for cancellation of membership through doc.no.3 & 4 in January 2017 and later issued the legal notice wide doc.no.5 dtd.04.02.17 which was replied wide doc.no.6 dtd.13.02.17. Wherein the clause regarding non-refundable amount of doc.no.1 is mentioned. Annexure ‘J’ prints out of various victims of Opposite party, annexure ‘K’ brochure card, annexure ‘L’ membership details were also produced by the Complainant.

 

          5. In annexure ‘L’ total membership fee is shown as Rs.65,000/- and due amount payable is shown as Rs.40,000/-. The reading of the reply notice of the Opposite parties and the supporting documents of the Complainant clearly show that the “Country Club Thumbs Up Card Membership” worth Rs.65,000/-, when offered, the Complainant paid Rs.25,000/- only and there is balance of Rs.40,000/- to be paid. The Opposite parties in clear terms replied that subject to the terms & conditions mentioned in the purchase agreement, any member can avail the privileges subject to payment of balance due and the amount paid towards the membership fee is non-refundable deposit.  The Complainant who signed on purchase agreement being a practicing advocate, now cannot contend that he signed without reading/knowing the contents therein and it is not the subject matter of the consumer forum also. The Complainant appears to be influenced by adverse comments of others against the Opposite parties mentioned in annexure ‘J’ and wanted to get the cancellation of membership. Such reports of others do not become the ground to make the allegations of deficiency in service in not entertaining him inside the club without his membership card. His own averments that he waited and wanted to receive the club membership card and thereafter wants to make balance payment itself shows that the Complainant himself has not complied the terms to get the membership card without paying the balance amount of Rs.40,000/-. When the Opposite parties have replied affirming their obligations towards the terms of the purchase agreement, the Complainant without paying major portion of the balance amount to get the membership card cannot draw inferences based on the allegations of others. Without becoming the member, one cannot expect the privileges and the Complainant who is due to pay Rs.40,000/- towards the membership fees is making the allegations denying their right, though such future right operates only after the payment of balance amount.

 

          6. The membership of the said scheme costs Rs.65,000/-. He has not paid the amount of Rs.40,000/- and on payment of Rs.25,000/-, he is expecting the receipt of the membership card and the insistence for balance amount for membership cannot be considered as deficiency in service. Expecting of membership card on payment of Rs.25,000/- also does not empower the Complainant to insist for cancellation of membership. When membership process is itself not complied properly/completely and the Complainant has not yet become the member of that scheme of the Opposite parties club, it can be stated that he has not come to the court with clean hands.

         

          7. The Complainant has relied on the copies of 2 judgments of other Consumer Forum of Bengaluru city which were decided on merits of the case after considering the pleadings of both the parties, when they have already become members as they were deprived of their right under the agreement. It is not such a case, hence they cannot be made applicable. It appears that the Complaint is pre-matured one and there is no cause of action at all. Hence he deserves to get the following:     

 

ORDER

 

 

The CC.No.326/2017 filed by the Complainant is rejected u/s 12(3) of CP Act. No order as to costs.         

 

         

          (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the Open Forum on 15^th July  2017).

 

(SURESH.D)          MEMBER

(ROOPA.N.R)    MEMBER

(VASANTHKUMAR.H.Y)  PRESIDENT