Complaint filed on: 28.10.2014

                                                      Disposed on: 08.09.2017

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

 1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027       

CC.No.1815/2014

DATED THIS THE 8^th SEPTEMBER OF 2017

PRESENT

SRI.H.Y.VASANTHKUMAR, PRESIDENT

SRI.D.SURESH, MEMBER

Complainant/s: -                           

Sri.Jaheer Abbas Sayed

R/at MD Mastanaiah

No.12/A, Kandaswamy Garden, Coxtown, Jeevanhalli, Bengaluru-05

By Adv.Smt.Vidya Jahagirdar

• took retirement on 04.04.16

V/s

Opposite party/s:-    

The Manager

Country Vacations

A Division of Country

Club India Ltd.,

Room no.4, 3^rd floor,

S.V.Towers, Krishna

Industrial Area,

Hosur Road,

Koramangala,

Bengaluru-29.

By Adv.Sri.D.Narase Gowda

ORDER

Under section 14 of consumer protection Act. 1986.

SRI.H.Y.VASANTHKUMAR, PRESIDENT 

            The Complainant has sought for direction against the Opposite party/country club for refund of Rs.70,000/- with interest from 12.05.13 along with compensation of Rs.20,000/-.

          2. The case of the Complainant in brief is that after he was invited as the prize winner in lucky draw at Pheonix Mall, Pune, believing the assurances of the officials, inevitably became the member, after his credit card was swiped for Rs.70,000/- by the officials. He was forced to put his signatures on the agreement without allowing him to read the papers on 12.05.13. After executing of sale agreement dtd.12.05.13, club membership purchase agreement dtd.15.05.13 and billionaire vacations agreement dtd.15.05.13, he was not furnished with membership card even after 3-4 months, despite his repeated requests. One year thereafter also he enquired through emails but did not get the answers but later he got the membership card. When he wanted to go to Kodaikanal in between 18.04.14 & 24.04.14 his email enquiry dtd.02.04.14 was replied that no rooms are available but two days thereafter noted in his email that Rs.6,400/- was charged confirming the Kodaikanal programme without disclosing the name of the hotel and without arranging the trip. The Opposite party started demanding payment for maintenance of the membership fee of Rs.8,989/- without providing any service wide email dtd.04.04.14. He sent the legal notice dtd.09.08.14 seeking refund of the membership fees and it was replied denying everything on 16.08.14. Hence this complaint.

3. The Opposite party has filed the version contending that the complaint is vague, devoid of merits for want of cause of action. The entire transaction about the membership and the relevant agreements were taken place at Maharashtra and hence this forum has no jurisdiction. The alleged emails were not received by them. They offered yearly privilege of one week accommodation free of cost in more than two star hotel facilities continuously for five years as complimentary and they are ready to provide the package subject to taking the details in 30 days advance booking for making necessary arrangements. The execution of the agreement when not disputed, the agreement clause no.3, 5, 9, 11 & 13 of purchase agreement show absence of provision of refund/cancellation of membership and he can sell/transfer/gift to any other person. With dishonest and malafide intention this complaint is filed without paying annual maintenance amount also. The Complainant is not an illiterate. He has enjoyed the benefit and services of club membership. The club has not rendered any deficiency in service. The Complainant who did not pay two years maintenance charges, filed this complaint after the limitation period is over. The complaint is liable to be dismissed.

          4. The Complainant and the Opposite party filed their affidavit evidences relying on Ex-A1 to A15 and Ex-B1 & B2 documents respectively. Perused the written arguments of the Complainant. Arguments of the Complainant in person were also heard.  

5. The consumer disputes that arise for consideration are as follows:

1. Whether the Complainant establishes the alleged deficiency in service which empowers him to seek the refund of the membership fees ?         
2. To what order the parties are entitled ?

6. Answers to the above consumer disputes are as under:

1) Negative

2) As per final order – for the following      

REASONS

          7. Consumer Dispute No.1: The undisputed facts reveal that when the Complainant was working at Pune in Igate company, executed the purchase agreement dtd.12.05.13, billionaire vacations agreement and club membership purchase agreement both dtd.15.05.13 wide Ex-A2, A3 & A4 respectively (wide B1) at Pune branch of Opposite party, as admitted in his legal notice/Ex-A9 dtd.09.08.14. He had shown the Pune address in his email/Ex-A5 seeking membership card and was furnished with the membership card from the Pune branch of the Opposite party after compliance is reported.   

          8. He had requested to get the vacations privilege by visiting Kodaikanal through email/Ex-A6 dtd.02.04.14 as accommodation & as on that date it was found not available and hence it was intimated to him at 2.43 pm, but At 6.33 pm he was intimated about the confirmation of Kodaikanal programme with a request to pay Rs.6,400/- towards voucher taxes and breakfast charges wide Ex-A7/email. On 04.04.14, the Complainant sent the email/Ex-A8 to change the city and state as Bengaluru and Karnataka on the ground that he is going to be transferred from Pune to Bengaluru and thereby wanted to change his residential address to Jeevanahalli, Bengaluru.

          9. The Complainant had paid Rs.70,000/- as membership fees through his credit card as shown in Ex-A1/A11/A12 from his Citi bank account.

          10. In Ex-B2/Button up confirmation by member, signed by the Complainant, it is stated that on payment of Rs.70,000/-he got the club membership for life time, by selecting Blue Season category privilege, with complimentary of health club facility for one year at Pune club. The Complainant has admitted therein the payment of annual maintenance charges of Rs.8,000/- to be paid by him.

          11. All these transactions clearly go to show that the causes of action relating to his membership privileges including the enquiries about the Kodaikanal trip were held at Pune only. The request for transfer of the membership to Bengaluru on his intention to become the resident of Jeevanahalli, Bengaluru comes at the later stage. No allegations are made against the Opposite party of Bengaluru branch. No materials are placed to connect the Bengaluru branch of Opposite party, so as to seek the reliefs sought for in the complaint.  Thereby on jurisdiction point itself as per Sec.11 of CP Act, the Complainant ought to have file the complaint at Pune and not at this Bengaluru forum. Thereby this forum has no jurisdiction to entertain this complaint.

          12. As per the terms of Ex-A2, A3, A4 agreements, the amount of Rs.70,000/- payable by him becomes non-refundable under any circumstances and it is not a deposit as declared under confirmation by putting his signature on all the documents. The covenants of the purchasers shown at conditions no.23 to 30 of Ex-A3 and 22 to 28 of Ex-A4, clearly indicate the obligations of the Complainant in seeking the privilege and benefits and no such terms are satisfied by the Complainant so as to proceed against the Opposite party. The payment of annual maintenance charges does not depending upon the Complainant’s visits only. Whether the Complainant availed or not availed the privileges as long as he continued as the member, has to pay the maintenance charges. The reply notice/Ex-A10 dtd.16.08.14 shows that he has not paid the two years maintenance amount and thereby he becomes defaulter. He has got the right to transfer, alienate or gift the membership with intimation to club authorities, but has no right to seek refund of the money or cancellation of his membership. Thereby there is no ground for the Complainant to proceed against the Opposite party to seek the relief of this complaint. Accordingly the Consumer Dispute no.1 is answered in the negative.

13. Consumer Dispute No.2: In view of findings of the Consumer Dispute No.1, the Complainant deserves to get the following:

ORDER

          The CC.No.1815/2014 filed by the Complainant is hereby dismissed. No order as to costs.

          Supply free copy of this order to both the parties. 

          (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the Open Forum on 8^th September of 2017).

Copies of Documents marked on behalf of Complainant/s:

Copies of Documents marked on behalf of Opposite party/s