Sri Ashoke Kumar Pal, President

The case of the complainants in short is that the complainants being allured by the T.O. Manager, Mr. Anil Prasad of the OP company paid Rs.41,000/- (Rupees forty one thousand) on 20.02.2019 after filling up a form of membership of country vacation club and obtained the signatures of the complainants.  But as per terms and conditions of the agreement, the complainants tried to avail the facilities during their tour at Bhutan and found that there is no any Resort, Hotel in the name of the OP Company Country Vacation Division.  The complainant also tried to avail the facilities of Jim etc. at Baruipur Centre but found none.  Thereafter, the complainants approached the OP for a tour along with family members of complainants friends but they were asked to pay all the costs and expenses separately as per the outside customer which is neither in accordance with the agreement nor the statements made by the T.O. Manager, Mr. Anil Prasad.  Thereafter, the complainant requested the OP and the OP asked that they will refund the money with compensation back within a few days.  But ultimately, the OP did not refund the money amounting Rs.41,000/- (Rupees forty one thousand) which the complainants paid the OP and hence this case.

The OP contested the case by filing W/V denying all material allegations made by the complainants para-wise.  The specific case of the OP is that the amount which was paid by the complainant is not refundable and moreover this Commission has no jurisdiction and the competent jurisdiction is at Hyderabad.  It is also the contention of the OP that the complainants signed the application form and agreement knowing fully well that the membership fee which the complainants paid partly of Rs.41,000/- (Rupees forty one thousand) out of Rs.1,00,000/- (Rupees one lakh) is non-refundable.  Further now, it was the contention of the OP that the complainants have no cause of action to file the present case.

The OPs also denied the other material averments of the petition of complaint parawise and prayed for dismissal of the case with cost.

POINTS OF CONSIDERATION :-

1. Are the complainants consumers?
2. Are the O.Ps. guilty of deficiency in service?
3. Are the complainants entitled to get relief as prayed for?

DECISIONS WITH REASONS:-

01.  On perusal of the case record along with the documents, it appears that the complainants with intention to be a member of country vacation / club paid Rs.41,000/- (Rupees forty one thousand) out of Rs.1,00,000/- (Rupees one lakh).  Rs.11,000/- (Rupees eleven thousand) was paid in cash and Rs,30,000/-
(Rupees thirty thousand) was paid by cheque by the complainants.  The OPs admitted the payment made by the complainants.  Therefore, the complainants are consumers as defined in Section 2(7) of the Consumer Protection Act, 2019.  As such, Point No.1 is decided in favour of the complainants and against the OPs

02. The complainants paid Rs.41,000/- (Rupees forty one thousand) (Rs.11,000/- in cash and Rs.30,000/- by cheque) to avail the facilities given by the OP Company,  such as several Resorts, Hotels and other facilities like Jim, Tennis Court etc. and to be a member of the OP Company.  The OP admitted the payment of Rs.41,000/- (Rupees forty one thousand) by the claimants in their W/V.  So, there is no dispute regarding the payment made by the complainants. But with utter surprise, the complainants while tried to avail the facilities during their tour at Bhutan and found that there is not any Resort, Hotel in the name of the OP Company.  Complainants also tried to avail the facilities Jim etc. at Baruipur Centre but found none at the centre at Baruipur.  Thereafter, the complainants approached the OP for a tour with family members of the complainant’s friends.  They were told that they shall have to pay cost and expenses separately as the outside customer which is not in accordance with the terms and conditions of the agreement made by the complainants and the OPs as well as the statements made by the T.O. Manager, Anil Prasad. Thereafter, finding no other alternative, the complainants demanded the OP to pay back the amount of Rs.41,000/- (Rupees forty one thousand) which they have given and also sent a letter to the OPs to that effect.  But the OP neither replied the same nor complied with the requirement of the said letter.  Therefore, it is clear from the averments of the complainants that the OPs are guilty of deficiency in service and unfair trade practice.  As such, the Second point is also decided in favour of complainants and against the OPs.

03.  The complainants intending to be a member of the country vacation club i.e. the OP Company paid them Rs.41,000/- (Rupees forty one thousand) for getting their service of Hotels , Resorts, Jim etc. at different parts of the country but the OPs violated the terms and conditions of the agreement and failed to provide the complainants with proper service.  Therefore, as the complainants did not get any positive response from the OPs they have been compelled to file the present case against the OP on the relief sought for in the petition of complaint.  As such, there is no hesitation to hold that the complainants are entitled to get the relief as prayed for as the OPs did not pay back amount to Rs.41,000/- (Rupees forty one thousand) which the complainants paid the OPs for getting their service.  The OPs not only failed to give service to the complainants but also harassed them by various ways.  Therefore, the complainants are entitled to get the relief as prayed for.  Thus the 3^rd point is also decided in favour of the complainants and against the OPs.  In the result, the complaint case succeeds. Fees paid are correct.

Hence, it is,

                                                              ORDERED

That the complaint case be and the same is allowed on contest against the OP with cost of Rs.10,000/- (Rupees ten thousand).

The O.Ps. are jointly and severally liable and directed to refund the entire amount of Rs.41,000/- (Rupees forty one thousand) only along with 12% simple interest p.a. w.e.f 20.02.2019 (date of agreement) till the date of final realization, within 30 days from the date of passing this order.

The O.Ps. are jointly and severally liable and directed to pay to the tune of Rs.1,00,000/- (Rupees one lakh) only for mental pain and agony suffered by the complainants within 30 days from the date of passing this order.

The O.Ps. are jointly and severally liable and directed to pay the litigation cost of Rs.10,000/- (Rupees ten thousand) within 30 days from the date of passing this order.

The complainants are at liberty to put the order into execution after the expiry of 30 days if the orders are not complied with by the OPs within the stipulated period of 30 days from the date of passing this order.

Let a copy of the order be supplied free of cost to both the parties as per rules.               

The Final order will be made available in www.confonet.nic.in .

Dictated and corrected by me

  President