State Consumer Disputes Redressal Commission
Sunil Goyal vs Grand Inter Continental on 22 April, 2008
IN THE STATE COMMISSION : DELHI IN THE STATE COMMISSION : DELHI (Constituted under Section 9 clause (b) of the Consumer Protection Act, 1986 ) Date of Decision: 22-04-2008 Appeal No. A-270/2005 (Arising from the order dated 08-02-2005 passed by District Forum ( New Delhi), Barracks, K.G. Marg, New Delhi in complaint case No. OC/1126/2002) Shri Sunil Goyal -Appellant S/o Shri R.C. Goyal, In person. R/o S-473, Greater Kailash I, New Delhi. Versus Grand Inter Continental -Respondent Formerly known as Through Hotel Inter Continental, Ms. Purnima Maheshwari, Through its M.D., Advocate. Barakhamba Avenue, Connaught Place, New Delhi. CORAM: Mr. Justice J.D.Kapoor President Ms Rumnita Mittal Member
1. Whether reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
JUSTICE J.D. KAPOOR, PRESIDENT (ORAL) Appellant who is a practicing lawyer got membership of respondents club under a scheme offered by it for a period of one year from June 2000 to May 2001 and got it renewed in May 2001 for another period of one year after paying Rs.
4,500/-. During the currency of the membership the respondent is alleged to have discontinued the facility of Annabelles in discotheque without any notice or intimation and as such he could not utilize the facility. Consequently he filed the instant complaint before the District Forum seeking compensation for deficiency in service.
2. Vide impugned order dated 8th February 2005 the complaint was dismissed on the premise that the appellant filed unused coupons which claims cannot be used due to denial of entry to Annabelles but the coupons filed by the appellant were valid till May 2002 only and the modification of entry to the Annabelles was for the period from 31-10-2002 to 15-11-2002 i.e. for a period of 15 days and for this period the coupons were not valid for entry and therefore the submission of the appellant that the coupons were not utilized is baseless and not tenable.
3. Feeling aggrieved, the appellant has preferred this appeal.
4. While justifying denial of entry to the Annabelles against the coupon the respondent Club pleaded that the membership is subject to terms and conditions. The complimentary entry in the Annabelles, a discotheque was allowed during the week days i.e. Sunday to Thursday and coupons were provided for entry during the weekend i.e. Friday and Saturday and this complimentary entry is provided to the members along with other facilities which have been laid down in the booklet along with the terms and conditions. Further that the coupons provided to the appellant were valid till May 2002 and could have been used during that period. The coupons were not valid during the special evenings including Xmas and new year eve. The respondent in accordance with clause 1 of the terms and conditions modified the benefits of the membership for a period of 15 days i.e. from 31-10-2002 to 15-11-2002 on account of special event i.e. Baluchis Birthday Basch and certain additional benefits were given to the card holders in place of Annabelles which was used to be a place for private parties and was not in operation for general public as a discotheque and all members were duly informed about the modifications of the benefits for a limited period of 15 days vide letter dated 24-10-2002, a copy of which was displayed in notice board/in the lobby and at the entrance of the Annabelles in order to avoid inconvenience to the visitors. That as per clause 5 of the terms and conditions respondent reserved the right to deny entrance into the Annabelles and therefore, no deficiency of service has been committed by the respondent.
5. In support of its contentions the learned counsel for the respondent has produced brochure as to the terms and conditions of the membership of Club Advantage, Membership benefits and its right to deny entrance to card members. Prominently displayed benefits of the Membership are as under:-
The Benefits of Your Membership.
Dining & Entertainment:
Your membership card entitles you to food discounts at our restaurants which include
-
The Blue Elephant Royal Thai Cuisine;
-
28 the Grill For contemporary cuisine;
-
The Rendezvous 24 hour restaurant;
-
Noble House Chinese specialty restaurant;
-
Blauchi Indian specialty restaurant;
-
Art Junction Gallery with Cafe;
(Discount details given on the following page) You will also be accorded a 10% beverage discount, exclusive of taxes, in the above restaurants and also at
-
Annabelles The Discotheque;
-
Champions Bar In the hotel lobby.
6. Under the title Other Dining & Entertainment Benefits, the terms are as under:-
Other Dining & Entertainment Benefits
-
20% discount at The Pastry Shop.
-
One kg complimentary cake & a sparking wine bottle, on your birthday, when dining in the hotel.
-
20% discount on food billing, on the printed tariff, for Banquets (at the time of booking).
-
For your functions over 300 people held in banquets, on occasions like weddings, birthdays, anniversaries complimentary cake and bottle of Champagne from the hotel.
-
Access through the week to Annabelles The Discotheque for member & partner, (Sundaty to Thursday, complimentary entrance, regular entrance charges on Friday & Saturday or any special events).
7. As to the right of the respondent to reserve right to deny entrance to the card members in Annabelles, the learned counsel has relied upon the following terms, especially term No. 5:-
Terms & Conditions for the Club Advantage usage
1. Club Advantage is a registered trademark of Hotel Intercontinental New Delhi. The Hotel reserves the right to change or modify the te4rms and conditions or benefits of membership at any time after giving due notice.
2. The membership card must be presented to avail of membership benefits. In case the member forgets to show the membership card at the time of settling the bill, the benefit of a complimentary meal is lost. No retroactive benefit can be given, at any time thereafter.
3. Membership to Club Advantage does not entitle the member to any credit facilities at any participating restaurants. Payments must be made by cash or credit card on presentation of the bill.
4. Club advantage member is responsible for payment of any taxes incurred/applicable as a result of participation in this programme.
5. The management reserves the right to deny entrance to card members in Annabells.
6. Only one Club Advantage card per table can be presented for availing the benefits.
7. Club Advantage is a personal membership and therefore benefits awarded to the card member are personal to the member.
Lending/transferring the card or its privileges to any third party is not permissible. In the event of misuse, Hotel Inter-Continental New Delhi reserves the right to withdraw membership privileges and retain or recall the Club Advantage Card.
8. The Club Advantage membership discounts will not apply on any ticketed event(s), Room Service and/or other day(s) promotion (s) e.g. Xmas, New Year etc. declared by the Management of Hotel Inter-Continental New Delhi.
9. Two or more benefits or discounts cannot be clubbed together on one table or banquet.
10. The Club Advantage membership benefits are valid for 12 months from enrollment.
11. The Club Advantage programme may be amended or withdrawn, if necessary, to comply with applicable statutory rules & regulations.
8. Let us assume that the management had the right to deny entrance to the card members to the Annabelles. But such a right cannot be exercised without putting the member on notice particularly when there is prominently displayed the benefits of membership that you will also accord 10% beverage discount, exclusive of taxes in the restaurants and also at Annabelles The Discotheque and Champions Bar In the hotel lobby. In our view, this was main attractions for becoming member of the respondent. All other terms were ordinary terms and that too providing certain discounts on the foot bills etc. However, it is also the contention of the counsel for the respondent that due to some restrictions imposed by the police the Discotheque had to be closed down.
9. The withdrawal of such a facility after alluring a person to become member, which was the main attraction amounts to deficiency in service. The right of the respondent to deny entry to Annabelles was not such a right which could have been exercised for all times to come and deny the entry to the card members. In this case the entry was denied because of several programmes being held in Discotheque on account of special event of Balluchis Birthday Basch, Xmas, New Year etc. In the instant case the cards unused were issued in the month of May and were even valid for the period of October to November.
10. Taking over all view of the matter and the nature of deficiency we deem that a lump sum compensation of Rs. 2,000/- which shall include the cost of litigation shall meet the ends of justice.
11. Payment shall be made within one month from the date of receipt of this order.
12. A copy of the order as per the statutory requirements be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.
13. Announced on 22nd April, 2008.
(Justice J.D. Kapoor) President (Rumnita Mittal) Member jj