Karnataka

Bangalore 4th Additional

CC/14/2085

Bhaskaran - Complainant(s)

Versus

The Managing Director, Country Club India Pvt Ltd - Opp.Party(s)

28 Feb 2019

ORDER

Complaint filed on: 12.12.2014                                                    Disposed on: 28.02.2019

 

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.2085/2014

DATED THIS THE 28^TH FEBRUARY OF 2019

 

PRESENT

 

 

SRI.H.Y.VASANTH KUMAR, PRESIDENT

SMT.N.R.ROOPA, MEMBER

 

Complainant/s: -                           

Sri.Bhaskaran,

112, Vishar Villa,

Lane ‘J’ Dream Meadows,

Brookfield,

Kundhanahalli,

Bengaluru-37.

 

Inperson   

 

V/s

Opposite party/s:-    

 

1. The Managing Director

Country Club India Pvt. ltd.,

Amrutha Castle, 5-9-16, Saifabad, Opp.Secretariat, Hyderabad,

Andhra Pradesh-63.

 

2. The Manager,

Country Vacation,

A Division of Country Club (India) ltd., #4, 3^rd floor, S.V.Towers, Krishnanagar Industrial Layout,

D.R.C Post, Hosur Road, Between Christ College and Forum, Koramangala, Bengaluru-29.

 

By Adv.Sri.D.Narasegowda   

 

  

 

 

 

ORDER

 

Under section 14 of consumer protection Act. 1986.

 

SRI.H.Y.VASANTHKUMAR, PRESIDENT 

 

            The Complainant has alleged the unfair trade practice against OP.1/Country Club India Pvt. ltd., & OP.2/Country Vacation and has sought for direction against them to refund Rs.1,30,200/- with total compensation amount of Rs.55,000/- and also with apology for the inconvenience caused to him as their member.      

 

          2. The case of the Complainant in brief is that, on 26.12.13 on payment of Rs.1,30,200/-, he became the member of OPs.1 & 2 believing their assurances of deducting the membership fees in EMI, but OPs collected the lumpsum of Rs.1,30,200/- through his credit card. They also demanded annual maintenance charges. Hence, he wrote letter dtd.12.09.14 and further letters through emails to resolve the disputes, but in the absence of their response, filed this complaint.

 

          3. OPs filed their version denying the allegations made against them, contending that, there is no cause of action in this vague complaint filed on baseless allegations. The Complainant who became member agreed to the terms & conditions mentioned therein by signing the agreements has no right to seek refund, but can sell/transfer/gift his membership to third party. There is no deficiency in rendering their services to the Complainant. The Complainant who enjoyed the benefits of the services has no right to seek any remedy as prayed for.    

 

          4. The Complainant filed his affidavit evidence but not produced any supporting documents. The witness of OPs was examined relying on Ex-B1 to B6 documents. Written arguments were filed by both side. Arguments were heard.                    

 

                   

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

 

1. Whether non-refunding of the membership fees amounts to deficiency in service by OPs towards the Complainant who is their member ?
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, in terms of the agreement/Ex-B1 dtd.26.12.13, the Complainant became the member of OPs on payment of Rs.1,30,200/-. His membership was confirmed by OPs wide confirmation letter/Ex-B2. The Complainant was given with the benefits, privileges even by issuing the password login wide/Ex-B3, membership card/Ex-B5 and also the worksheet signed by the Complainant wide Ex-B4. As per the account extract/Ex-B6, the Complainant was asked to pay annual maintenance charges.

          8. The Complainant in his written arguments contended that, the OPs never responded to his request for the refund of the membership fees nor provided amenities, facilities as promised and thereby, they have no right to withhold the amount paid by him because of deficiency in service towards him.  The Complainant alongwith the written arguments only has filed the email letters and they are not the basic documents regarding the terms & conditions which binds both the parties.

 

          9. The OPs in their written arguments relying on III (2008) CPJ 363 (NC) contended that, there is no consumer dispute made out by the Complainant in the absence of the materials regarding non-compliance of the terms & conditions by them.

 

          10. In support of their contentions, the OPs contended that, as per the signed documents/Ex-B1 on various pages, it was made clear that, the vacation charges or fees become non-refundable under any circumstances. The club membership provides free usage of CC Fitness Centre, Swimming pool and other services for him and his family members subject to payment of annual maintenance charges for which the Complainant and joint purchaser Smt.Vijayalakshmi (declared as spouse) have signed, likewise the worksheet also signed by both of them which shows their NIL liability to pay any instalments. Ex-B4 shows that, the OPs not assured to get the purchase price in EMIs. Hence this contention of the Complainant is falsified.

 

          11. Burden is always on the Complainant to prove the cause of action and to establish the right of relief. The Complainant nowhere sought direction to cancel the membership and consequently to get the refund of the amount/membership fee. The Complainant has not established which of the provisions or terms & conditions of Ex-B1 to B6 were violated by the OPs. Non production of membership card and privilege card issued to the Complainant amounts to suppression of material facts and when the contractual obligations are there, unless the Complainant establishes the violation of such terms by the OPs, the OPs cannot be liable to seek apology. For the same reasons discussed above, the OPs also cannot made liable to refund membership fees as the Complainant has got right to transfer/gift/sell his privileges to third party. In the result, the Complainant has failed to prove the alleged unfair trade practice by the OPs. Thereby, the Consumer Dispute no.1 is answered in the negative.

 

12. 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.2085/2014 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 28^th February of 2019).

 

 

 

 

(ROOPA.N.R)     MEMBER

(VASANTH KUMAR.H.Y)  PRESIDENT

                                                                        

Copies of Documents marked on behalf of Complainant/s:

 

NIL -

 

Copies of Documents marked on behalf of Opposite party/s

 

Ex-B1	Purchase agreement dtd.26.12.13
Ex-B2	Confirmation by member
Ex-B3	Password member login
Ex-B4	Worksheet
Ex-B5	Membership card
Ex-B6	statement

 

 

 

 

(ROOPA.N.R)     MEMBER

(VASANTH KUMAR.H.Y)  PRESIDENT