Karnataka

Bangalore 4th Additional

CC/14/1954

Anil Kumar Jujare - Complainant(s)

Versus

The Managing Director Country Vactions Country club India Ltd - Opp.Party(s)

In person

28 Feb 2019

ORDER

Complaint filed on: 19.11.2014

                                                      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.1954/2014

DATED THIS THE 28^th FEBRUARY OF 2019

PRESENT

 

SRI.H.Y.VASANTH KUMAR, PRESIDENT

SMT.N.R.ROOPA, MEMBER

 

	Complainant/s	V/s	Opposite party/s
	Anil Kumar Jujare, House No.503, Above City Medical, Bellandure, Bangalore-560 037.   In person	1	The Managing Director, Country Vacations, Country Club India Limited., 5-9-16, Amrutha Castle, Opposite Secretarial, Hyderabad-500029 Andhra Pradesh.
		2	The Manager, Country Vacations, # 4, 3rd Floor, S.V.Towers, Krishnanagar Industrial Layout, DRC Post, Hosur Road, Between Christ College Forum, Koramangala, Bangalore-560 029.   By.Adv.D.Narase Gowda

Under section 14 of Consumer Protection Act, 1986.

SRI.H.Y.VASANTHKUMAR, PRESIDENT 

1.       The Complainant has prayed for direction against the Ops 1 and 2 to seek apology by refunding the entire paid membership fee of Rs.56,000/- with total damages of Rs.35,000/- alleging the deficiency in service in not refunding the membership fees when demanded.  

2.       The case of the Complainant in brief is that, on 6.9.2014 by paying Rs.56,000/-, he became the member of OP-2 and while availing the service, feeling the differences than the assured ones, approached the OP-2 expressing his disappointment and his intention to get the cancellation of the membership and also to get the refund of the amount with interest and compensation. On 22.9.2014, he wrote the letter expressing the alleged deficiency in service and no response was received even after it was served. Hence, this complaint is filed.

3.       The OP has filed his version, denying the allegations made against him, contending that there is no cause of action in this vague complaint filed on baseless allegations. The Complainant who became the member on payment of Rs.56,000/-, by virtue of the terms and conditions of the purchase agreement, has no right to seek refund, but can sell or transfer or gift his membership to any other third party. There is no deficiency in rendering 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 and the OP have filed their affidavit evidences, relying on Ex-A1 to A3 and B1 to B3 documents respectively. Written arguments were filed by the OP. Arguments were heard. Perused the records.

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

1. Whether the Complainant establishes the alleged deficiency in service against the Ops in not refunding the membership fees ?
2. Whether, the Complainant is entitled to get the relief as prayed for ?
3. To what order the parties are entitled ?

 

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

1) Negative

2) Negative

3) As per final order – for the following

REASONS

          7. Consumer Dispute No.1 & 2: The undisputed facts reveal that, the Complainant became the member of the OPs by executing the purchase agreements Ex-B1/A1, on payment of Rs.56,000/- as per Ex-A2 subject to the terms and conditions mentioned therein. His membership was confirmed by the OP through letter Ex-B2 along with other cards of benefits for utilizing the membership privileges. He was offered with the benefits shown in Ex-B3 password. 

          8.       The Complainant who started enjoying the benefits from September 2014 sent the letter Ex-A3 dt.22.9.2014 to both the Ops stating that failure on his part to get refund of Rs.56,000/- membership fees inspite of his request, made him to proceed to take legal steps through advocate. The Complainant has not produced the acknowledgement to show that it was served on the Ops. Merely Ex-A4 courier receipt is not sufficient to show that the letter was served on the Ops. Hence, the Ops cannot be expected to give any reply to Ex-A3 letter.

          9.       As per Ex-A3 letter, the Complainant visited the Ops with his wife and at the insistence of his wife, became the member under the category ‘Blue’. His signatures on Ex-A1/B1, Ex-B2 and B3 documents of the Ops clearly show that he has agreed to the terms and conditions of the Ops and the said documents show that the membership fees or charges paid by him becomes non-refundable at any circumstances and as such, he has no right to seek refund, but can sell or transfer or gift his membership to any other third party as rightly contended by the Ops.

          10.     The terms and conditions do not show any provision for any member including the complainant to get the cancellation of the membership directly without selling or transferring or gifting or to get the refund. The contents of Ex-B1 and B2/A1 clearly show that he is liable to pay annual maintenance charges and in Ex-B2, he expresses his remark by putting his consent signature as “it is good”. Such good impression created by him as endorsed in Ex-B2 shows that by reading and knowing the contents, even to the satisfaction of his wife, put his signature. Now he cannot go back and contend that he was pressurized to put his signature. He being the signatory by consent agreed with the terms and conditions, now cannot go against the terms.  He has not alleged the violation of any of the terms and conditions and thereby, the alleged deficiency in service cannot be inferred against the Ops. In the result, there is no reason for the Ops to seek apology or to refund membership fees along with payment of damages.    In the result, the Complainant has failed to establish the alleged deficiency in service by the Ops. Thereby, the Consumer Dispute No.1 & 2 are answered in the negative.

          11. Consumer Dispute No.3: In view of findings of the Consumer Dispute No.1 & 2, the Complainant deserves to get the following:

ORDER

          The CC.No.1954/2014 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

(VASANTHKUMAR.H.Y)  PRESIDENT

         

 

 

Copies of Documents marked on behalf of Complainant:

Ex-A1	Purchase agreement
Ex-A2	Payment receipt
Ex-A3	Letter dt.22.9.2014

 

Copies of Documents marked on behalf of Opposite Party

 

Ex-B1	Purchase agreement dt.6.9.2014
Ex-B2	Confirmation by member
Ex-B3	Password member login

 

 

(ROOPA.N.R)     MEMBER

(VASANTH KUMAR.H.Y)  PRESIDENT