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RS Dudani (Director)     26 November 2012

Jurisdiction to file a suit/consumer complaint

On an invitation from Country Club, I attended one of the briefings of the Club / Country Vacations for membership at Delhi. For attending briefing, they gave me a complimentary stay (with charges to be paid for utility).  I availed the complementary stay at Kovalam, where I also attended a briefing. After the briefing, as per writting documents on a stamp paper of Rs, 50.00 following were executed (a) 6 Nights/7 Days stay in a year on payment of complimentary charges, every year for a consideration of Rs. 1,00,000.00; (b) The Holidays to be availed for 30 years; (c) Membership to be in Blue Category, as per which, I will have to plan holidays in advance and inform the Club; (d) Invitations for club activities in the vicinity of Delhi, where I reside.

In the month of September, I addressed a communication to the Country Vacations intending to avail the facility at Goa from 26th to 31st December, 2012. Promptly a reply came that vacations for December are not yet open and I should apply in October.  I applied in October, and a reply came that booking from 26th to 31st December, are not available, but I can apply from 21st to 25th December.  Accordingly, I applied for holidays from 21st to 26th December.

Thereafter, I received a communication that my membership is not updated in their records.  I took up the issue with their Departments and on 11th October, I was informed that there local office Kovalam has not updated the records.  I was, therefore, asked to send the documents.  I sent the documents on 18th October, 2012.  Although, I had been following by Mails and telephones on daily basis, they did not update the records till 24th November, when they communicated me Password and userID. On logging, I was shocked to note that they have asked for a payment of Rs. 20,000.00 more. I also got a  communication from reservation desk that as there has been delay, accommodation is not available. I had booked the air tickets, of which I may not be able to get the refund.

Country Vacations for their own fault of not updating, have fleeced and harrassed me for the last two months and they are not listening. I wish to withdraw from there scheme and wish to file a case against them.

Country Vacations have Head Office at Hyderabad and branches everywhere in India. I had attended the first briefing at Delhi, and subsequently became a meber at their Kovalam Branch. My querry is :

(i) Which is the best forum to file a case against them - Civil Court or Consumer Court

(ii) Whether the Civil Court / Consumer Court at Delhi have the jurisdication, since, though I attended the briefing at Delhi, I paid for the membership at Kovalam; their HO is at Hyderabad

Thanks for an early advice.  Please also indicate if there is a forum, who would be taking up the issue in public interest since, the Club has been putting up a lot of advertisements in newspaper, charging money on promises of holidays for 30 years, but causing problem from first year itself.

RS Dudani


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