State Consumer Disputes Redressal Commission
The Managing Director, Country ... vs Ch. Veerabhadra Rao on 30 September, 2022
BEFORE THE STATE CONSUMER DISPUTES EDRESSAL COMMISSION
OF TELANGANA AT HYDERABAD
FA.NO.467 OF 2017Z
Against Orderain
CC.NO. 257 OF 2015 ON THE FILE OE
DISTRICT CONSUMER FORUM-III, HYDERABAD,
Between:
The Managing Director,
Country Vacations
(A Division of M/s Country Club
Hospitality and Holidays Ltd.)
O/o Door No.5-9-16, Amrutha Castle,
Door No.5-9-16, Saifabad,
Hyderabad-500063 and H.No.6-3-1219,
Begumpet, Hyderabad-500016.
.Appellant/Oppositc Party
AND
1.Ch.Veerabhadra Rao, S/o.Ch.Appa Rao, Aged about 49 yecars, Occ:Scrvice, R/o.Flat No. 101, Sai Sriven Arcade, Street No.29, Gautam Nagar, Malkjgiri, Hyderabad-500047.
...Respondent/Complainant Counsel for the Appellant M/S. A.Navcen Kumar Counsei for Respondent M/s. R.Yogender Singh QUORUM:
SRI JUSTICE M.S.K.JAISWAL, HON'BLE PRESIDENT, SMT. MEENA RAMANATHAN, HON'BLE LADY MEMBEER 8 SRI K.RANGA RAO, HON'BLE MEMBER{JUDICIAL) FRIDAY, THE THIRTETH DAY OF SEPTEMBER TWO THOUSAND TWENTY TWO Order: (as per Sri.K.Ranga Rao, Hon'ble Member-J)
1. This appcal is preferred by Appellant/Opposite Party under scction 15 of Consumer Protection Act 1986 against the order dated 16.10.2017 of the District Consumer Disputes Redressal Forum-1l, Hyderabad in CC.No.257 of 2015.
2. For the sake of convenient discussion, the parties are referred to as they were arrayed in the Complainant.
23. The Complaint was filed by the complainant under section 12 of Consumer Protection Act 1986, praying the District Forum to direct the opposite party to refund Rs.2,50,000/- (Two lakh fifty thousand rupees only) which was received by them towards the member ship of their Club to the Complainant as the opposite party failed to abide by the conditions/provisions of services as described by themselves in membership agreement and also for causing mental torture to the complainant for squeezing money inspite of having promised by the opposite party of giving 30 free coupons and 3 days-2 nights free accommodation at Kompalli resort and also depriving the Complainant of free food coupons which establishes the unfair trade practice of the opposite party, which caused untold mental strain/torture to the complainant, for which the compensation Rs.5,00,000/- (Five lakhs ruppes only) and to grant further compensation Rs.2,50,000/- (Two lakh fifty thousand rupees only) for making the complainant to go around the opposite party and its agent.
4. The facts of the complaint in brief are as follows:-
The complaint Ch.Veerabhadra Rao, and his family went to watch a movie at Tivoli Theater of the city. At that time he received a phone call from opposite party organization, informing him that he and his wife were selected as best couple and got a coupon to have the dinner free at Amurtha castle, located opposite to secretariat Hyderabad. On 06.06.2015 the complainant and his wife went to the said hotel where they were asked to attend to a meeting in which the representatives of the opposite party played an audio visual showing the resorts of the country club spread over in India as well as in various countries. After they were served with their the names were announced as best selected couple and a dinner set was gifted to them. At that time the representatives of the opposite party country club came to them and started to canvas the history of the country club and also the benefits of the member ship and insisted the couple to take the member ship by subscribing Rs.2,50,000/- (Two lakhs fifty thousand rupees only). When the complainant said that they do not have that much of money by the time, the opposite party lured the complainant and his wife by saying that the day was last date to extend the bundle of benefits.
5. The opposite party immediately executed a membership agreement with the complainant in the same premises and before leaving the place, they handed over the same to the complainant by keeping the duplicate copy with them. The membership amount of Rs.2,50,000/ was paid immediately by way of credit card payments by the complainant and his wife on 06.06.2015. The complaint and his wife were forced to clear the credit card amounts by way of mortgaging the gold ornaments with Mahesh Bank and even today they are paying the interest on the loan, without getting the desired benefits offered by the opposite party, despite paying the money of Rs.2,50,000/-. On same day i.e., on 06.06.2015 the opposite party executed a vacations and up gradation agreement.
6. The said agreement dated 06.06.2015 says as follows:-
This package includes () two additional vouchers towards accommodation for 6 nights and 7 days at Country Club's affiliated property at Bangkok. This voucher is valid for a period of 3 years from the date of the agreement. Extra Utility Charges and booking charges.are as applicable. (i) One complimentary residential (non-agricultural) Plot size 1350 sq ft in the Project known as Salla Bhoomi Imperial situated at Highway, Hyderabad- Srisailam Raod, Hazipur Villalge, Achampet Mandal, Mahaboobnagar District, Telangana State"
7. The amount fixed for allotment of flat was Rs.49,999/-. Thus it is clear that out of Rs.2,50,000/-, Rs.50,000/- was allocated towards the allotment of the flat and Rs.2,00,0000/- was a towards the membership. In fact, there is no clarity on the point of food coupons but it has not materialized till date inspite of raising the same from the complainant's side. As far as 30 coupons pertaining to enjoy the facility of Spa, though were with him, he was unable to utilize the facility of Spa because when he went to the club at Begumpet to enjoy the facility, the employee at Spa demanded Rs.350/- extra for coupon stating that the same is for massage oil, which is totally in contradiction to the promise of the opposite party. At the time of agreement of membership, the opposite party informed the complainant that the facilities at beauty parlour at Begumpet country club are offered with free of cost to the members and their spouses and family members. But surprisingly all services at that Beauty Parlour are charged as per the Tariff fixed by them and nothing is offered at free of cost. With regard to the allotment of the plot also the opposite party deviated from what was promised and the undertaking given by them in the membership agreement dated 06.06.2015. The opposite party allotted the flat to the complainant through gift deed dated 14.09.2015 of 150 Sq.yards located at Gummadavelli Grampanchyat Village, Lingala Ghanpur Mandal, Waranagal District, by compelling the complainant to shell down of RS. 10,000/- towards the registration charges. The opposite party also informed the complainant that all the link documents of the flat would be handed over along with the registered document of the flat. But even after the complainant made repeated requests and despite paying for the registration charges and for the charges of link documents etc., opposite party never complied with the same and no link documents are handed over till date, which shows the opposite party adopted unfair trade practice. The complainant further submits that the had collected the hard earned money from the opposite party well about all the flase promises and complainant, knowing assurances they had made. The executives of opposite party have and his wife on the forcibly taken the signatures of the complainant the agreement in hurried m a n n e r which is not binding on complainant and his wife that too all the classes were prepared by the opposite party, which are in their favour and which are against the principles of nature justice. The complainant got issued legal the notice dated 06.01.201. Vexed with the attitude of opposite party, to allow the same.
complainant filed the complaint and prays The opposite party filed the written version denying the allegations in
8.
incorrect and further submitted that expect the
the complaint as
by the opposite party, the rest of the allegations are admissions made contends that the complaint is not deemed to be denied. The opposite party maintainable either on the facts or at law and the same is liable to be dismissed. The opposite party submits that the Country Club Hospitality and Holidays Limited (CCHHL) (Formerly known as Country Club (India) of the art Limited) is leading Hospitality Company that offers state a clubbing facilities, innovate family holiday packages and star-studded 5 entertainment events. As of 2015, CCHHL has 53 own properties, 25 fitness centers and 42 associated resorts across 4 countries. CCHHL is the country is largest Chain family clubs, recognized by the Limca book of world records and counts amongst its clientele, prominent citizens from all walks of life. CCHHL provides club facilities, fitting centers, family vacations spots and festival celebrations program for members.
9. The opposite party further submits that the complainant became member of the country vacations club membership vide membership No. CVHYD1OLB20133 1 and accordingly entered into purchase agreement for country club membership. The complaint is entitle to book holidays for 6 nights 7 days for 10 consecutive years in respect of studio apartment for blue seasons in the resorts of the opposite party. The opposite party issued membership cards to the complainant. The opposite party allotted the complainant and his wife complimentary flat admeasuring 150 Sq.yards located at Gummadavelli Grampanchyat Village, Lingala Ghanpur Mandal, Waranagal District. As per the terms and conditions of the membership the complainant has to pay the annual maintenance charges of Rs.8,500/- irrespective of usage of the club facilities. As per the terms and conditions of the membership, the membership fees is non refundable under any circumstances and the membership fee is not a deposit. The complainant was allotted life membership of the country club which is for him and his wife. The complainant paid Rs.2,50,000/- (Two lakhs fifty thousand rupees towards the membership. The opposite party issued membership only) cards to the complainant. The opposite party denies the allegations that was informed complainant received a phone call from opposite party and that he and his wife were selected as best couple and got a coupon to have dinner free at Amrutha Castle and on the same, the complainant and his lured them and wife went these where representatives of the opposite party executed the membership agreement with the the opposite party But in fact the complainant entered into membership complainant.
contract and therefore the voluntarily. The membership is a valid once terms and conditions, the same cannot be parties to the contract accept the to the contract. The terms and repudiated unilaterally by the parties on the complainant and he has conditions of the agreement were binding failed to prove any def+ciency on the part of the opposite party. The opposite offer to the complainant to enter into party denies that it had given luring membership with opposite party. It also denies that the 30 Spa coupons 6 were given free of cost to avail the facility of Spa. It submits that it gave 30 Spa coupons on payment of Rs.350/- on each coupon for availing the Spa facility. The opposite party also never informed the complainant that the facilities at the beauty parlour at Begumpet country club are free of cost.
The opposite party registered the flat of 150 Sq.yards in favour of the daughter of the complainant at his request. The facilities like swimming pool and gym are available with opposite party at Begumpet and it is for the complainant and his spouse to avail the same. The opposite party never made any oral promises are commitments. The complainant and his wife after going through the terms and conditions signed on the membership agreement and now they cannot make such false allegations and there is no deficiency of service on the part of the opposite party and therefore, prays for the dismissal of the complainant.
10 During the course of enquiry the complainant filed his evidence affidavit and got marked Ex.A1 to A8. The opposite party also filed the evidence affidavit and got marked Ex.B1 to B4.
11. The District Forum after hearing arguments on both sides and after examining the material borne by the record, partly allowed the complaint directing the opposite party to pay Rs. 1,00,000/- towards compensation and sum of Rs.3,000/- towards cost. Time for the compliance for the said order is 30 days only. If the opposite party fails to complaint the order within the stipulated time the sum of Rs.1,00,000/- shall carry interest at 9% from 16.11.2017 until realization.
12. Aggrieved by the said order the appellant/opposite party preferred the present appeal with the following grounds.
The order of the District Consumer Forum is contrary to law, weight of evidence and probabilities of the case.
. T h e District F o r u m having held t h a t " It c a n be safely inferred that the complainant consisted for the same and having been a signatory to the purchase agreement as well as the registered gift deed, now he cannot turn around and seek the cancelation of membership and registered complimentary plot. The complainant failed to establish that the opposite party committed unfair trade practice The District Forum failed to consider the terms and conditions of the purchase agreement on proper lines.
The District Forum failed to consider that the respondent/complainant paid Rs.2,50,000/- towards the membership amount to the appellant club, which is non-refundable.
13. With above grounds the appellant prayed the State Commission to allow the appeal and to set aside the order of the District Forum.
14. The point that arises for consideration is whether the impugned order as passed by the District Forum suffers from any error or irregularity or whether it is liable to be set aside, modified or interfered with, in any manner? To what relief ?
15. Heard arguments on both sides, perused the entire material borne by the record and the same manifest that it is the specific case of the respondent/complainant that the opposite party through its representatives enticed him and his wife to take the membership by offering several services free of cost and for the said membership he and his wife paid Rs.2,50,000/- but opposite party failed to provide the said free services which are by virtue of the membership, the facility of Spa can be enjoyed by the complainant by the 30 coupons given by the opposite party to the complainant on free of cost but the employee of opposite party at the Spa center demanded Rs.350/- for each coupon for availing the facility of Spa towards the massage oil and similarly, services at beauty parlour of the opposite party located at Begumpet is also free but contra to the same all the services at the beauty parlour are charged as per tariff fixed by them. The food coupons worth of Rs.5,000/- offered at free of cost but the opposite party failed to address the same. The opposite party also promised 3 days and 2 nights free accommodation at Kompally Resort but not provided the same and by the said acts of opposite party the complainant was subjected to mental torture and therefore he prays for awarding a total compensation of Rs.7,50,000/- as said acts of the opposite party amounts to unfair trade practice and deficiency of service.
On the other hand it is the specific case of the appellant/opposite
16. lured him for party that the allegation of the complainant/opposite party taking the membership of opposite party is absolutely false and there is no truth in the same. The complainant and his wife voluntarily took the country club vacations membership by executing purchase agreement on 06.06.2015 and same shows that the complainant and his wife having understood the terms and conditions of the said purchase agreement, took membership and paid the membership fee amount which is non refundable under any circumstances and the same is also not a deposit with the opposite party. The allegation of the complainant at the facility of Spa can be enjoyed by the complainant free of cost is falsc and same can be utilized by paying Rs.350/- per coupon as opposite party provided 30 coupons to the complainant. Similarly, the opposite party also never premise the complainant that the services of the beauty parlour of opposite party at Begumpet are also free of cost. The said allegations were invented by the complainant for pelf. It is also the case of the opposite party that the required facilities are available with the opposite party and it is for the compliant to use the facilities. The opposite party executed gift settlement deed for an extent of 150 Sq.yards in the name of the daughter of the complainant at his request. As per the terms and conditions of the membership the complainant has to pay the annual maintenance charges of Rs.8,500/-
irrespective of the usage of the club facilities. Further Ex.A3 the purchase agreement of the membership shows that the complainant understood the terms and conditions of the purchase agreement where in he agreed to abide by the same and then only he and his wife sign but now he cannot go back from the same and claim compensation for the unproved deficiency of services on the part of the opposite party.
17. It is not in dispute that the complainant paid a sum of Rs.2,50,000/- under Ex.Al purchase agreement dated 06.06.2015, which payment is evident in Ex.A2 payment receipt. A perusal of Ex.Al club membership purchase agreement and Ex.A2 payment receipt shows that the said amount of Rs.2,50,000/- was paid by the complainant to the opposite party towards the membership and the same as per the terms and conditions of Ex.A1 is non refundable and it is also evident from Ex.A1 purchase agreement that the members such as the complainant have to pay annual maintenance charges of Rs.8,500 to the opposite party irrespective of the usage of the club facilities. Ex.A3 letter of allotment of plot addressed by the opposite party to the complainant shows that the opposite party allotted a complimentary plot of 150 Sqyards as part of the membership drive of the country club (India limited). It is also informed through the said letter of allotment dated 02.07.2015 that the complaint has to remit an amount of Rs.50,000/- towards stamp duty, registration charges documentation, legal, consultation, incidental expenses for execution of the gift deed and basics development and works like plot numbering road marking.
18. At this juncture it is a relevant to mention about Ex.A6 Xerox copy of gift deed dated 14.09.2015 which is equivalent to Ex.B4. A perusal of the same shows that the opposite party executed the said gift deed dated on 14.09.2015 in favour of the daughter of the complainant, namely CH.Srivalli Vagdevi and it is a matter of common sense that the same must be at the instance of the complainant as he being the member of the opposite party.
19. So the complainant having accepted the plot of 150 Sq.yards under the gift deed from the opposite party by virtue of his membership, now has no right to seek the cancelation of the membership and for the refund of the per the terms and membership amount of Rs.2,50,000/- which as conditions of Ex.A1 agreement is non refundable and same is also not a deposit with the opposite party. With regard to the allegations of the complaint of the unfair trade practice and deficiency of service on the part of the opposite party towards him and his wife, expect his self serving testimony, the complainant has not filed any authenticated evidence to substantiate the same as such we do not hesitate to hold that the complainant has failed to prove the said allegations against opposite party as such he is not entitled to claim the reliefs prayed by him in his complaint which is liable to be dismissed.
20. In view of our afore stated discussion and for reasons stated there in, we are of the considered opinion that the order of the District Forum is unsustainable as such the same is set aside.
21. In the result the appeal is allowed and the impugned order of the District Forum is set aside.
1021. Each party to bear their own costs.