Couple gets Rs 1.32 Lakh refund as Country Club failed to provide holiday membership benefit

A Delhi District Consumer Commission directed Country Club India Ltd, a leisure and hospitality company, to refund Rs 1.32 lakh for a 10-year holiday membership to the couple after promised hotel stays, vouchers and benefits were not provided.

Dealing with a plea regarding deficiency in service, a bench of president Monika A Srivastava and member Kiran Kaushal additionally directed the company to pay Rs 10,000 as litigation cost.

“In light of the facts stated, the opposite party is found to be deficient in service and is directed to refund Rs 1,32,000 with interest at six per cent per annum from the date of seeking cancellation by the complainant, i.e. December 8, 2017, within three months from the date of the order, failing which opposite party shall pay above stated amount with interest at nine per cent per annum till realisation,” the commission said on June 3.

‘Promises were not honoured by them’

The opposite party has filed a tracking report showing that they had attempted to deliver the welcome kit and agreement to the complainant, which was returned to them on September 17, 2017, as the complainant’s address was in a “prohibited area entry restricted for delivery”.

This commission fails to understand as to why the ‘welcome letter and agreement’ were not provided by mail, despite the complainant requesting the same, and mail was being exchanged between the parties.

Opposite party’s contention that no service was ever asked for is unfounded, as the complainant was promised that she would have to pay Rs 5500 towards the EMl, inclusive of all the taxes and other costs, whereas Rs 6700 was being debited from her account.

Therefore, the complainant at the initial stage only found that the promises made by the opposite party were not being honoured by them; hence, a refund was sought from the opposite party.

Case of Rs 1.32 holiday membership package

The complainant purchased a membership for 10 years holiday from Country Club India Ltd. It was stated that the complainant, along with his wife, while visiting a petrol pump in August 2017 at Mayur Vihar, New Delhi, was given a coupon.

The complainant was informed that the coupon filled out by him was shortlisted, and the complainant was invited to collect the free six-night and seven-day holiday voucher at the Wave Mall, Noida, Sector-18 office of the opposite party.

According to the complainant, a representative of the opposite party lured him by showing fancy videos and pictures of holidays in India and also represented that they had good nexus and connection with five-star hotels.

The complainant claimed that he was informed that the holiday membership would be for 10 years, plus five holiday weeks would be given to the complainants as complimentary. The said offer was available to the complainant after he made payment of Rs 1,32,000.

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The complainant was further informed that if he makes the payment using the credit card of ICICI Bank, the same can be repaid in 24 EMIs of Rs 5500 inclusive of tax and other statutory charges, and no other cost, either hidden or explained, will be charged from the complainant.

It was stated that, as per the demands of the opposite party, the complainant had paid Rs 28,000 approximately in instalments for availing the services of OP. Despite accepting the consideration for services and repetitive requests made by the complainant on several occasions, no kit/membership cards were issued to the complainant.

Failed to provide hotels

The complainant alleged that on several occasions, he requested to avail the services for around five complimentary holiday weeks, but the company failed to provide hotels/accommodation. Later, he came to know that it was a seasonal-based membership, whereas at the time of sale, he was informed that the membership was applicable throughout the year.

It is stated that despite making the payments, the complainant has not availed any services to date.

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Country Club’s stand

It was stated that the complainant has misled this commission by stating that he has not received any letter/communication/welcome kit. They argued that the complainant deliberately gave an address where the welcome kit could not have been delivered. The parcel sent through a courier agency came back to the office, and efforts to seek a fresh address and resend the parcel bore no fruit, as the complainant, by design, did not want a welcome kit, and he wanted to show some cause of action to file the present complaint.

It was further stated that, as per the amended complaint, it is well established that the complainant took the membership from Noida and not from Delhi; hence, no cause of action has taken place in Delhi.

They argued that the complainant’s wife had visited their office of her own volition and had enquired about the different services available. Complainant’s wife, after thoroughly satisfying herself, signed the agreement with the opposite party.

Significance

This judgement is significant because it protects consumers from misleading marketing and hidden fees in vacation schemes. It establishes that service providers cannot legally forfeit funds for services they never delivered, deeming such terms unconscionable. Additionally, it confirms that beneficiaries are legally protected “consumers.

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For consumer-related grievances, individuals may contact the consumer helpline in their respective states (Delhi helpline: 1800-11-4000) or call the National Consumer Helpline at 1915 for assistance.