FINAL ORDER/JUDGEMENT

SHRI REYAZUDDIN KHAN,MEMBER

This is an application U/S..35 of the C.P. Act, 2019.

The case of the complainant, in brief that the complainant on 15.08.2018 after long discussion with the OPs took the membership of the Country vacation’s club being certificate No.CVKK1V5LB255637 by executing a sale agreement and on the same day she paid Rs 51,000/- (Rupees Fifty One Thousand) though as per the document annexed it is mentioned Rs,51,200/ (Rupees Fifty One thousand Two Hundred)only.The very next day ie,16.08.2018 the complainant by sending an e-mail to the central customer care of the country vacation club asked for cancelation of his membership as per terms of clause 26 of the sale Agreement on her personal ground.The concerned central customer care service acknowledge the receipt of the mail and assured to address the issue at the earliest. The complainant further stated that she requested for refund of the deposited amount by deducting the administrative charges of Rs,3,800/ (Rupees three thousand eight hundred)only and balance amount of Rs.47,200/.The complainant send a letter on 19.07.2019 through Ld.Advocate and another letter on 24.09.2019 by registered post but the OPs willfully neglected the request for not returning of the amount Rs,47,200/. Finally, the complainant filed the case before the commission and  prayed for refund amount of 47,200/ with an interest as admissible.

  In support of his case the complainant has tendered evidence supported by affidavit and also relied upon documents annexed with the complainant petition.Complainant has also filed written argument. We have heard argument on merit and have also perused the record.

OPs contested the case by filing the WV.It is contented in WV that the complaint petition is not maintainable and that totally false and fabricated and there is no any kind of unfair trade practice on the part of the OPs. The OPs stated that the complaint filed against the OPs is only with the intention to harass as no cause of action has ever arisen and hence the complaint is  liable to be dismissed.

The WV as filed by the OPs on 20.09.2021 that has no basis and hence there is no leg to stand in the instant case.As the OPs have failed to refund the  amount of the  complainant and the complainant is in regular in touch with the OPs to get his amount back,hence this is a continue cause of action until the OPs refund the amount to the complainant. It is our considered view that the complaint `is very much maintainable  in the instant case under consumer Protection Act 2019.

Points for Determination

In the light of the above pleadings, the following points necessarily have come up for determination.

1) Whether the OPs are deficient in rendering proper service to the complainant?
            2)   Whether the OPs have indulged in unfair trade practice?

3)   Whether the complainant is entitled to get relief or reliefs as prayed for?

Decision with Reasons

Point Nos. 1 to 3:-

All the points are taken up together for sake of convenience and brevity in discussion. Upon perusal of the consumer complaint coupled with evidence of the complainant including photocopies of the correspondences through e-mail along with the Country vacation division Package Sale Agreement” dated 15.08.2018.We find that the complainant had deposited 51,000 ( Rupees Fifty One thousand ) only it is an admitted fact too that the complainant took the membership of the mentioned club,the very next day the complainant decided to withdraw the membership agreement and asked for refund of the money within the “cooling off” period accordingly on 16.08.2018, the complainant sent an e-mail to OPs and asked to withdraw the membership agreement and refund of the deposited membership charges of Rs 51,000/ as mentioned in the package sale agreement clause 26. In response of the e-mail dated 16.08.2018 the OPs confirmed the receipt of the mail and assured the request be addressed at the earliest on the priority basis. It was also informed through the mail dated 26.03.2019 only Rs,47,200/ will be refunded and it is under process.Inspite of the development the OPs failed to discharge their contractual obligations regarding payment of the said amount and making unnecessary delay on the part of the complainant.

The OPs are fully aware that they are liable to pay the deposited amount including interest thereon to the complainant. Complainant  deposited his hard earned money with the OPs. The OPs deliberately make their illegal gains and to deprive the complainant from his lawful right withheld the deposited amount. Thus, the OPs have adopted unfair trade practice, and in fact, withhold the deposited amount of Rs.51,000/( Rupees Fifty One thousand) only  along with accrued interest. Complainant have filed his affidavit reaffirming the allegations. Thus, it stands proved that despite of having received Rs.51,000/ ( Rupees Fifty One thousand) - the OPs have failed to refund the said amount. In absence of any explanation for failure to comply with the stipulation of refund of deposited amount, we have no hesitation in concluding that the OPs have committed deficiency in service and also has indulged in unfair trade practice

The Consumer Protection Act came into being in the year 1986. It is the benevolent piece of legislation to protect the consumers from exploitation. The spirit of the benevolent  legislation cannot be overlooked and its object is not to be frustrated. The complainant has deposited Rs,51,000/ ( Rupees Fifty One   thousand) to the OPs for membership of the tour package but due to some personal problem he was compelled to cancel the membership agreement. The OPs failed and neglected to pay deposited amount Rs 51,000/ to the complainant and the act and conduct of the OPs are  clear case of deception, which resulted in the injury and loss of opportunity to the complainant. Had the complainant not deposited his money with the OPs,  he would have deposited the same elsewhere. The complainant cannot be wait indefinitely to get the said amount. The complainant has suffered mental agony, pain and harassment. It is settled principle of law that the compensation should be commensurate with loss of suffered and it should be just, fair and reasonable and not arbitrary. To get relief, the complainant has to wage a long drawn and tedious legal battle. In these circumstances, the complainant is entitled to refund of deposited amount along with  interest.

In the result, the case succeeds .

Hence,

Ordered

That the complaint case be and the same is allowed contested against the OPs with cost of Rs 10,000/ (Rupees Ten Thousand) Only

1.OPs are directed to refund the deposited amount Rs,51,000/(Rupees Fifty One thousand) only

2.OPs are further directed to pay @ 09% from the date of filing of the complaint case till the date of actual payment

The above order be complied with by the OPs within 45 days from the date of passing of this order.

Complainant may put the order in execution, if the OPs transgresses to comply the order within the stipulated period.

 Copy of the judgment be delivered to the parties free of cost as per the C.P. Act and Judgment be uploaded in the website of the Commission for perusal of the parties