BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION:HYDERABAD (ADDITIONAL BENCH)

FA. No. 112/2021 AGAINST ORDERS IN CC. No. 332/2018 ON THE FILE OF DISTRICT COMMISSION-III, HYDERABAD Between :

1. Country Vacations, A Division of Country Club Hospitality & Holidays Ltd., Rep. by its Chairman & Managing Director, Regd. office:-5-9-16, Amrutha Castle, Opp:- Secretariat, Saifabad, Hyderabad-500063.

2. Country Vacations, A Division of Country Club Hospitality & Holidays Ltd., Rep. by its Authorized Signatory, Corporate Office:- Country Club Cool, #6-3-1219, 4^th Floor, Begumpet, Hyderabad-500016.

…..Appellants/Opposite parties And Roshan Kumar Agarwal, S/o. Raj Kumar Agarwal, Aged about: 38 years, Occ:- Consultant, R/o. Luxor Apart, D-4003, Masjid Banda, Kondapur, Hyderabad, Telangana State-B

500084.

…..Respondent /Complainant.

Counsel for the Appellants : M/s. LAD Legal Services LLP Counsel for the Respondent : Smt. P. Sridevi.

QUORUM: Hon’ble Sri K.Ranga Rao - Presiding Officer-

Member- (Judicial).

&

Hon’ble Smt.R.S.Rajeshree, Member (Non Judicial).

THURSDAY, THE 25^TH DAY OF SEPTEMBER, TWO THOUSAND TWENTY FIVE *****

Order : (Per Hon’ble Sri K.RangaRao- Presiding Officer-

Member - (Judicial).

1. This appeal is filed by the Appellants/Opposite parties U/s.15 of the Consumer Protection Act, 1986, praying this State Commission to allow the appeal and to set aside the impugned order passed in CC. No. 332/2018 dt.27.10.2020 by the District Commission-III Hyderabad, as prayed for.

2. For the sake of convenience, the parties are referred to as arrayed in the complaint. The Appellants herein were opposite parties and the Respondent was the complainant respectively. Before the District Commission-III, Hyderabad in CC. 332/2018.

3. The brief averments of complaint are as follows:-

The complainant is one of those customers who was induced by a solicitation call on 5/8/2016 from one of the personnel of the Opposite Party stating that the complainant is one of the lucky winners of free-holiday gift voucher worth Rs.35,000/- through a coupon filled in Manjira Mall on 31/7/2016, offering various complimentary benefits of free transport, club facilities and weekend dinners etc. shown in their advertisement-brochure. The complainant was also informed that on t he occasion of Anniversary celebrations of the opposite party there is a special offer of free holiday trip for family (3 Nights & 4 Days) to Dubai, Rs. 10,000/- worth Sodexo meal voucher, and interest free EMIs conversion of Rs. 1,20,000/-. Apparently, hurried and forced by the officials/managers of the Opposite Party, the complainant paid Rs.25,000/- from one debit Card ( Allahabad Bank Card), Rs.25,000/- (Axis Bank Card); Rs.50,000/- + Rs.20,000/- (from Standard Chartered Bank Credit Card) amounting to Rs. 1,20,000/- in total on 6/8/2016 towards subscription of the Country club-Thumbs Up membership and entered into an agreement with opposite party vide the Agreement of Purchase of Thumbs Up Membership on 6/8/2016 (Ex-A1). On 9/8/2016, the complainant received a mail from the Opposite Parties confirming his club membership and the holiday package. And on 28/8/2016, the complainant received two club-

membership cards, acknowledging the receipt of Rs. 1,20,000/-only. Having no information about the Free Dubai Trip and other benefits offered by the Opposite Parties at the time of subscription, the Complainant pursued and followed up with the Opposite Parties/several times through phone and mails but in vain. So finally, the complainant sent a mail dt.20/9/2016 requesting to refund his money of Rs.1,20,000/- for not fulfilling the promised benefits under the Membership subscription amounting to breach of contract. Aggrieved by the same, the present complaint is filed seeking appropriate relief.

In their written version, Opposite Parties denied all allegations contending that the complainant has signed on the sale agreement and membership form, with full knowledge of the terms and conditions therein