Further complainants submit that they sent another letter through Gmail dated 14.08.2020 for cancellation of membership and refunding the membership fee amount. The complainant No.1 also reiterates in the letter that the promise made by Manager Rakesh regarding the cancellation of Mahindra Club Membership but the same also not done by the Manager until now. This is shows that the deficiency of service on the part of the OP. The complainants issued a legal notice dated 26.04.2021 to OP for return of Rs.1,74,000/- and annual maintenance charges of Rs.6,180/- with interest for which OP did not reply. Hence, this complaint.
The cause of action arose when complainants have submitted requisition letters through G-mail dated 17.01.2020, 14.08.2020 and 30.03.2021 subsequently for cancellation of membership and refund of the membership fee and AMC amount.
3. OP did appear and filed version denying the allegations made against it. OP in its version submits that the complaint filed by complainants is not maintainable either in law of facts, there is no cause of action, complaint is vague, bald and devoid of merits, hence, liable to be dismissed on this grounds. Further OP submits that entire averments made by complainants are categorically and specifically denied as false and incorrect, except which are admitted by the OP. It is further submits that OP is a company incorporated under the Companies Act, 1956 and is carrying on the hospitality business and has association with established several clubs and resorts across the country and abroad and is providing good service to its members. Further submits that OP company, Country Club India Ltd., has been changed w.e.f. 27.11.2014 from Country Club Ltd., to Country Club Hospitality and Holidays Ltd.,.
Further OP submits that complainants requested OP to do all the necessary documentation work required for admitting them as the members of the Country Club Hospitality and Holidays Limited. Upon the said request, the Op explained to the complainants regarding the different holiday packages offered by OP and further gave the copy of purchase agreement for Country Club Hospitality and Holidays Limited (hereinafter referred to as the purchase agreement). The next day i.e. 22.06.2019, the complainants came back to the office of OP and told that they have thoroughly read and understood all the terms and conditions of the purchase agreement and were interested to become the member of Country Club Hospitality and Holidays Limited through OP for which OP has received Rs.1,74,000/- towards the holiday vacations. Further OP submits that upon receipt of the said amount, has issued the permanent laminated club membership card to the complainants and the same was duly acknowledged by the complainants. That apart the complainants were provided to access the website through online by giving ID and password and also complimentary Spa coupons and one day privilege pass holiday gift voucher was given to complainants.
Further OP submits that OP is always ready and willing to provide the holiday vacation as and when requirements subject to booking of 30 days in advance. The complainant neither requested nor booked the holiday vacations. The complaint filed by complainants is imaginary and hypothesis has created the story and has made all sorts of baseless allegation.
Further OPs submit that the main benefits for club membership and a holiday/vacation package. In terms offer, is entitle for 6 nights and 7 days stay at CCIL property for 11 years accommodation only within India, from date of enrollment of the membership and member is required to pay annual maintenance charges of Rs.21,000/- plus applicable taxes for the membership irrespective of usage, subject to the terms and conditions mentioned in the purchase agreement dated 22.06.2019 and rest of the averments are totally denied as false. The OP always ready to provide the package to the complainants 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 transferable to their family members.
Further OP submits that it is crystal clear from the complaint averments that there is no deficiency of service on their part. In terms of the agreement conditions clause, the membership fees is not a refundable deposit and not an investment, under any circumstances, no provision for cancellation of the club membership. It is crystal clear from the complaint averments that there is no averments on the part of OP. However, the complainants are at liberty to sell or transfer or gift the club membership to any third party. In spite of that the complainants for the reasons best known to them have filed the above false and frivolous complaint. Hence on these grounds and other grounds OPs pray for dismissal of the complaint with exemplary cost.
4. At the time of filing the complaint, complainants have filed an application under Section 35(1)(c) of C.P.Act, 2019 to permit them to file complaint jointly. The said application has been disposed off holding that the complainants are competent to file joint complaint.
5. To substantiate the case, Complainants have filed their common affidavit evidence and produced the documents which are marked as Ex.A.1 to Ex.A.10. OP has also filed affidavit evidence. Heard the counsels for both sides.
6. The points that arise for our consideration are:
- Whether the Complainants prove the deficiency of service on the part of OP, if so, entitled for the relief sought for?
- What order?
7. Our answers to the above points are as under:
Point No.1:- Partly in the affirmative
Point No.2:- As per final order
REASONS
8. Point No.1: We have briefly stated the contents of the complaint as well as the version filed by OP. It is not in dispute that OP by way of filing version admitted in respect of payment of an amount of Rs.1,74,000/- paid by the complainants. On going through the entire version which is in the form of denial in nature in respect of the reliefs that is sought for by the complainants. On going through the terms of agreement, the complainants are not satisfied hence, they decided to cancel the membership and sought for refund of Rs.1,74,000/- so far paid by them. In this context, they have made several E-mail correspondences which can be seen on going through Ex.A.7 to Ex.A.9. for which there was no proper response to get redress the remedy of the complainants. The consumer complaints are to be decided in the summary trial. Strict proof of the contents of Ex.A.7 to Ex.A.9 are not necessary since the OP admitted in respect of payment of Rs.1,74,000/-. If the entire text of the complaint is taken into consideration, the OP has offered the complainants to become a member of its Club. Believing the words of the OP’s representative, they paid an amount of Rs.1,74,000/-. Though received the said amount, again they asking for Rs.6,800/- being the annual maintenance charges. The complainants have paid the annual maintenance charges of Rs.6,800/- as per Ex.A.4. Thereafter, OP did not cancel the membership nor returned the membership fee and annual maintenance charges. Hence, complainants becomes disgust having no other go he sought for refund of the amount so far paid by them as they have not availed any kind of service from OP for which there was no response.
9. In this context, we place reliance on the decision of the Hon'ble National Commission reported in 2019(1) CPR 647 (NC) in the case of Chief in Charge of M/s.Country Vacations and Anr. vs. Jayanti Mukherjee, wherein it is held that “no amount can be retained by the service provider without offering any service.” In the light of the decision cited supra, we come to the conclusion that, the OP has not given any kind of service. Hence, we are of the opinion that, OP is liable to refund the amount of Rs.1,74,000/- plus Rs.6,800/- annual maintenance charges to the Complainants with interest at the rate of 8% p.a. from the date of payment till realization with Litigation cost of Rs.5,000/-. Relief for compensation of Rs.5,00,000/- is rejected. Accordingly we answered point No.1 partly in the affirmative.
10. Point No.2: In the result, we passed the following:
O R D E R
1. The complaint filed by the Complainants is allowed in part.
2. The OPs are jointly and severally directed to pay Rs.1,74,000/- (Rupees one lakh seventy four thousand only) plus annual maintenance charges of Rs.6,800/- (Rupees six thousand eight hundred only) with interest at the rate of 8% p.a. from the date of payment till realization to the Complainants along with litigation cost of Rs.5,000/- (Rupees five thousand only) within six weeks from the date of receipt of this order. Relief for compensation for Rs.5,00,000/- is rejected.
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 13th October, 2021).
