Date of Filing:29.03.2016
Date of Order:01.07.2019
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD
P r e s e n t
HON’BLE Sri P.VIJENDER, B.Sc. L.L.B. PRESIDENT.
HON’BLE Smt. D.NIRMALA, B.Com., L.L.B., MEMBER
ON THIS THE MONDAY THE 1st DAY OF JULY, 2019
C.C.No.174 /2016
Between:
Lt.Col. Shashank Sarode
S/o.Sri Vittal B Sarode,
Aged about 43 Years,
J-3, Napier Lines, Akbar Road,
Near Diamond Point, Sikh Village,
Secunderabad – 500 009. ……Complainant
And
Country Club (India) Ltd.,
Rep.by its General Manager,
Hotel Amrutha Castle, 5-9-16,
Opp: Secretarriat, Saifabad,
Hyderabad – 500 063. ….Opposite Party
Counsel for the complainants : Sri K.Indra Golda
Counsel for the Opposite Party : M/s. Rajesh Jaiswal
O R D E R
(By Sri. P. Vijender, B.Sc., LL.B., President on behalf of the bench)
1) This complaint has been preferred under Section 12 of the Consumer Protection Act, 1986 alleging that collecting of amount of Rs.40,000/- from the complainant by inducement and misrepresentation amounts to unfair trade practice. Hence a direction to refund the said amount with interest at 24% p.a. from the date of collecting the amount to the date of payment to the complainant and to award a sum of Rs.1,00,000/- as compensation for causing mental agony and inconvenience to the complainant and to award further sum of Rs.10,000/- towards costs of this complaint
2. Complainants case in brief is that:
The complainant is serving Senior Army Officer and presently serving in 54 Artillery Brigade and residing at Sikh village, Secunderabad. On 28.9.2014 opposite party invited him and his wife through tele caller over phone collected details of phone Number from a filled in form at shopping complex stating that they were selected for a ‘gift set worth Rs.3,000/- and free holiday package based on their shopping experience and a meeting was arranged at Hotel Amrutha Castle on the same day at 4.00PM. Believing it, the complainant along with his wife and 2 children reached the said place to receive announced gift as informed in the telephone. On reaching the place they were asked to switch off their mobile phones and introduced as herself as the Senior Manager and explained various schemes which includes visiting places on vacations and benefits thereof .
The briefing given by the representative of the opposite party was assertive, attractive and repetitive Package cost was quoted at Rs.80,000/- and when the complainant sought time to think over the matter the representative repeatedly assured that the package was flawless and he had to decide then and there itself to avail package , holiday scheme. Thus the complainant was induced with false statements and promises and succeeded in making him to pay a sum of Rs.40,000/- towards 50% of the package through his debit card. He was advised to collect the package gift item to be opened on reaching the home . Accordingly on reaching the home he unwrapped the gift packet, and found a bowl set and a tea set of cheap quality and both of them put together would not be more than Rs.500/-. On the next day complainant opened Website of the opposite party then realized that there were flaws in the package in the form of hidden and over head charges which are not informed to him by the representative on the previous day. In addition to the amount of Rs.80,000/- there is a annual fee of Rs.7,000/-. Vacation available only for half seasons and on the basis of availability. Pickup and drop facility , food charges are not included in the package. Only one double bed room is covered and extra charges will be levied for the children above 12 years of age. Vacations are available only where the properties of opposite parties and affiliated to it exist.
The complainant immediately after coming to know all these conditions called the office of opposite party and made a visit to their office situate at Begumpet. But he was not allowed inside though his identity was shown. The complainant tried to seek cancellation of package and membership on account of not disclosing hidden conditions through Email and telephone calls. He received a reply stating that contract cannot cancelled . Thus he was totally deceived by the opposite party on the pretext of a meeting for receiving gift dinner set and gift vouchers at free of cost. Complainant got issued a legal notice on 27.7.2015 to the opposite party but there is no reply to it till date. Hence the present complaint.
3) The opposite party filed a detailed written version explaining its activities and providing facilities of tour package and holiday trips. But denied the allegations of inducement to the complainant. The defense set out in the written version is that it is a leading hospitality company that offers state of art clubbing facilities. innovative family holidays , holiday packages and star studded entertainment events. It has 53 own properties , 25 fitness centers and 42 associated resorts across 4 countries. It is also involved in CSR activities like blood donation camps, supporting child rights, providing food and other requirements for marginally disadvantaged children and supporting financially to the orphanage at different places . It has been in the market for the last 25 years and it invests heavily in recruiting good man power and training the customer care and reservations staff. It always working towards establishing transparent relationship with the members. Its top priority has been member satisfaction.
On 28.9.2014 the complainant has become member of the club and signed Purchase Agreement cum Membership Form and paid Rs.40,000/- but failed to pay balance amount of Rs.40,000/- and thereby committed breach of contract as per the terms and conditions of membership agreement . The complainant can book accommodation in respect of Studio Blue season in CCIL properties of opposite party for a period of 6 nights and 7 days in a calendar year for 5 consecutive years . The amount paid is non-refundable as per the terms and conditions of purchase agreement. After becoming member of the opposite party it is for the complainant to use the facilities offered at the club in Begumnpet. The complainant acknowledged membership got issued to him on 14.10.2014 through Blue Dart Courier . There was no allurement or inducement from the side of opposite party. The complainant voluntarily paid the amount of Rs.40,000/- representing half of the total membership fee. He having committed default in payment of balance cannot alleged the deficiency of service on the part of opposite party. The complainant has to pay annual maintenance charges of Rs.7,500/- and he can avail vacations as per the terms and conditions of agreement . There are no
hidden charges , Complainant did not cause any legal notice since amount paid is not refundable and complainant voluntarily paid towards membership fee. He is not entitled for any of the reliefs prayed and complaint is liable to be dismissed.
4) In the enquiry complainant filed his evidence affidavit reiterating the material facts of the complaint and to support the same he got exhibited 3 documents. For the opposite party the evidence of one C M Sridhar stated to be Asst. Legal Manager of the club is got filed and the substance of the same is in line with the defense set out in written version and through him opposite party got exhibited 3 documents. For the complainant written arguments are filed.
5) On consideration of material on the record the following points have emerged for determination:
- Whether the complainant could make out the case of deficiency of service and unfair trade practice on the part of opposite parties ?
- Whether the complainant is entitled for reliefs prayed for in the complaint?.
- To what relief?
6) Point No.1: The opposite party admitted in the written version as well as evidence affidavit and on behalf of it that the complainant paid Rs.40,000/- towards 50% membership agreement hence no enquiry is required on this aspect. The complainant case is he was called by representative of opposite party through tele caller and informed that he was selected to for a gift voucher and package and asked to visit at hotel
Amrutha Castle to collect the same. When he went there believing the said representative he was induced to became a member to avail the holiday packages at different locations and when he sought time to think over the matter the representative of opposite party repetitively explained the package details and gift with rosy picture The complainant having been induced by said promises finally paid Rs.40,000/- by credit card as he did not carry money . Complainant also pleaded that he was not informed of annual maintenance charges payable which fact was noticed when he opened Website of opposite party after reaching home. He further says that having seen the hidden charges in the package intended to cancel the membership sought for refund of the amount paid but it was refused. The membership agreement is filed as Exhibit A1 a close look at this documents shows it is an incomplete document because the blanks at the Clause 5 of page 4 relating to introduction of the complainant as a member is not available filled up. Similarly page 5 the signature of the first party on the bottom is not there . The signature at page 2nd at the bottom is not there. At page 5 of the same document the coloumn relating to total membership amount , tenure of membership, annual maintenance coloumn left blank. At the same page coloumn relating to name of the member is not filled up. Hence it cannot be treated as concluded contract between the parties . Hence plea taken by the opposite party that the amount paid is not refundable has no legs to stand. Admittedly even as on date complainant has not availed any of the facility including holiday package offered by opposite party though he was parted with huge amount of Rs.40,000/-.
Complainant specifically stated that he was called through tele- caller of opposite party and informed that he was selected for free gift , holiday package at free of cost and asked to come to the place indicated. Believing the same he went there but the opposite party denied this. It is pertinent to see that complainant paid an amount of Rs.40,000/- through his credit card . If complainant agreed for so called terms and conditions and wanted to become a member he would have gone there prepared with cash. The very fact that amount was paid through credit card speaks the volume of complainants case. Unless there was an invitation from the opposite party representatives and presentation of rosy picture of the scheme the complainant would not have gone to the office of the opposite party and he would not have parted with huge amount of Rs.40,000/-. Since the complainant has not availed any of the service as on today he is entitled to seek refund of the amount . Opposite party cannot be allowed to enrich itself by saying that under the clause amount once paid is not refundable Hence the point is answered in favour of complainant.
8) Point No.2:- In view of the findings that there was unfair trade practice and deficiency on the part of opposite party , complainant is entitled for refund of the amount with interest and compensation. Accordingly the point is answered.
9) In the result, the complaint is allowed in part directing the opposite parties as under :
1. To refund an amount of Rs.40,000/- with interest thereon at 18% p.a. from 28.9.2014 to the date of payment.
2. To pay a sum of Rs.50,000/- as damages for causing mental agony .
3.. To pay Rs.5,000/- towards costs of this complaint.
Time for compliance is one month from service of this order.
Dictated to steno , transcribed and typed by her and pronounced by us on the 1st day of July, 2019.
MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESS EXAMINED
NIL
Exhibits filed on behalf of the Complainant:
Ex.A1 – Copy of holiday gift voucher
Ex.A2 – Letter from the opposite party dt.14.11.2014
Ex.A3 – Legal notice dt. 27.7.2015
Exhibits filed on behalf of the Opposite parties:
Ex.B1 – copy of a few facts about the concept
Ex.B2 - One C D
Ex.B3 –Vacations agreement.
MEMBER PRESIDENT
