Complaint Details

Status	:	Closed
Complaint No	:	0117411/2020
Category	:	Hospitality
Date	:	20-07-2020
Subject Line	:	Unfair, illegal utility and amenities charges
Complainant	:	Mr. Ajit Sanghvi
Address	:	MSS SECURITIES PVT.LTD MEMBER: BSE LTD 1017-A, 10th FLOOR, JEEJEEBHOY TOWERS, DALAL STREET, FORT, MUMBAI-400001
Complainee	:	Sterling Holidays Resorts (India) Ltd.,
Address	:	301, 3rd Floor, Building No 2, Star Hub, Sahar Airport Road, Andheri East, Mumbai - 400059. Maharastra.

Complaint Details
Dear Sir/Madam,
This is in respect to our following memberships
Name Membership No. Membership Period
Mr. Ajit Sanghvi 00000004671A 1993-2091
Mr. Ajit Sanghvi 000000028186 1994-2092
Mr. Ajit Sanghvi 000000089836 1997-2095
Mrs. Malini Sanghvi 000000023126 1995-2093
Mrs. Malini Sanghvi 18696 1995-2093
Mrs. Malini Sanghvi 47653

We have purchased various Sterling units at different periods with ranging prices.
We have paid utility charges for upto 2014.

According to your terms and conditions we are liable of utility and annual amenity
charges only after the usage of the services and not otherwise.
Whereas as per the terms and conditions of the Membership Certificate,
The clause 3. (Obligations of Timeshareholders) (3.3)(d) states that, “ The
timeshareholder shall also be liable to pay utility charges as may be fixed from
time to time by the company in respect of electricity, airconditioning or heater
(wherever applicable) , water and other utilities etc. whenever he/she/its holiday
week in the holiday resort. However if the timeshareholder opts for an exchange
under exchange facility to the notified Holiday Resort timeshareholder shall pay
the utility charges as applicable to such resort.”
Also, it was held in the following case,
(1) Sri Thomas Vellapally VS Sterling Holiday Resorts ( India) Ltd.
by Sri Balakrishna V. Masali,
Filled u/s 12 of the Consumer Protection Act, 1986 :
" It is clear from a combined reading at both the above clauses that utility as
envisioned in clause 3.3(d) will only be payable based on usage / enjoyment at the
facilities during the holiday week in the concerned resort."
" Therefore the relationship between the complainant and OP is governed by the
terms and conditions contained in the certificate at membership and nowhere in the
said terms and conditions the complainant required to pay any such utility fees for
deposit at his week with RCI. "
"The OPs are directed to not to demand the utility charges."

The above makes it clear that utility charges are payable only if member uses the
unit.

(2) The All India Resort Development Association ( AIRDA) code of ethics
states that
i. “ All information in the offer must be accurate, factual and
complete.”
ii. Utility Charges
“AIRDA recommends that the Vacation Ownership (Timeshare) players
in India do not charge utility fees from consumers as per global practice
and implement this practice forthwith.”
iii. “ There must be clarity and accuracy on such exchange
programme. The methods, terms and conditions and fees applicable
should be clarified before signing the contract and the start of the cooling
off period.”


As a membership holder of the Sterling Holiday Resorts (India) ltd. we expect you
to abide by the above mentioned code of conducts by AIRDA.



However this is a violation of the clarity and accuracy of the exchange of
programme ethics as the time of membership no amenity charges were mentioned.

Also, many of your resorts were not completed beyond the timelines agreed at
the time of membership. We were depositing weeks in RCI and after
paying RCI transfer fees, used to use the resorts through RCI only. Your
resort has started charging utility and annual amenity charges from few years
back and we also raised an objection in writing stating that there cannot be
four charges viz. Sterling Utility charges, Amenity Charges before the weeks
are transferred to RCI, RCI membership usage fees, amenity charges
by RCI affiliated resorts.

As it is nowhere mentioned that the timeshareholder has to pay utility and
annual amenity charges without using the week and in many cases where
your resorts are not yet completed even after 20 years of purchase like the
Lonavala resort with our membership no. 47653.

This is totally unethical, illegal and unfair on your part. Please immediately
restore and deposit all the weeks since 2015 into RCI immediately under
advice to us which has yet not been done under pretext of your utility/annual
amenity charges.





We hereby call upon you to withdraw all the utility and amenity charges claims
and deposit all our weeks since 2015 of failing which we will be constrained to
take the legal action as maybe advised to us.

Thank you.

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