Order-9.

Date-19/04/2018.

Smt. Sangita Paul

            Complainant, by filing  this case states that he opted for  becoming a member of the OPs by coming to know of their lucrative options and availabilities. He also states that accordingly on 16.07.2017, he entered into an agreement with the OPs and became a member of the OPs life time vide contract No. CVA57.0131 and membership No. CVKKIP CLUB30LB 239634. As per agreement dated 16.07.2017 Complainant would be required to pay Rs.3,26,000/- as the product price and out of which, Complainant had paid Rs.2,61,000/- as cash out price on the date of signing the agreement as he had been induced by the OPs though as per the clause of the product price in Vacations Agreement  any member could pay the total product price within 30 days of signing the agreement vide Caluse II of the agreement.

            Complainant states that at the time of signing  the agreement, the OPs informed that they have properties all over India, but after Complainant was handed over  a copy of the sale agreememnt and vacations agreement, he had gone through the entire agreement and found that OPs have properties at 20 places only all over India and out of which Complainant had visited most of the places.

            Complainant states that he was not given an opportunity to go through the entire agreement, made with the OPs. Moreover, he was induced with false assurances to sign the agreement. OPs did not disclose that the AMC of Rs. 10,500/- have to be paid by him for the free usage of C.C. fitments centre, swimming pool, etc. but did not disclose the concealed terms of AMC.The facilities made available to Complainant are at a fair distance from the Complainant’s house, it is not possible for him to avail of the same. Moreover, the OPs have also concealed about the increase of 15 percent of AMC exclusive of Taxes in every 3 years which was not possible for him to continue. The OPs also deprived Complainant of choosing the cash price by collecting cash price of Rs.2,61,000/- at a time on the same day which is not in accordandce with the clause of the product price of the Vacations Agreement vide clause 11 of the Agreement.

            The representatives of the OPs stated that there will be 15 percent discount on flight tickets if purchased through the OPs and also further stated that if Complainant stays more than 6 nights and 7 days after payment of utility charges of Rs.1,000/- to Rs. 1,500/- per day, but all those were verbal assurances, nowhere in the agreement it was stated by them.

            Complainant states that due to abovementioned reasons, he decided to cancel the membership with the OPs and accordingly informed about the cancellation to the office of the OP by way of an e-mail dated 23.07.2017 in accordance with the clause 15 of the Vacations Agreement dated 16.07.2017 as he intimated about the cancelation of agreement within 10 days of enrolment of the period of signing of the agreement. Complainant also sent a letter dated 24.07.2017 to the office of the OP No.3. The daughters of Complainant also sent e-mails on his behalf on 25.07.2017, 27.07.2017 and 06.08.2017. Complainant also sent a letter regarding the cancellation of the agreement on 06.08.2017

Complainant states that  since he had cancelled the agreement, he repeatedly asked the OPs to refund back the product price of Rs.2,61,000/- paid by hm but they paid no heed to it. Complainant also sent a legal notice on 22.11.2017 demanding back the aforesaid amount but till date they did not reply nor refunded  the money.

            Complainant stated that the agreement dated 16.07.2017 is a void agreement because it is not filled up correctly. The cause of action is within the jurisdiction of Ld. Forum. Complainant has canceled the Membership following the terms and clauses of agreement.

            Hence,  Complainant prays for directing the OPs to refund the sum of Rs.2,61,000/- paid to them, directing the OPs to pay a compensation to the tune of Rs.50,000/- and directing the OPs to pay litigation cost of Rs.10,000/-.

            Complaint was admitted on 25.01.2018. On 19.02.2018 Ld. Lawyer of the OPs prayed for time for  filing w/v. On 12.03.2018, the OPs did not file w/v and  statutory period for filling w/v was over. On 05.04.2018, Complainant filed E/Chief. On 12.04.2018 Complainant was present. Argument was heard ex parte and we proceeded for giving judgment.

Decision with reasons

            We have perused complaint petition, photocopy of Country Vacations Holiday Club Membership Purchase Agreement, Photocopy of letters and emails addressed to the OPs and letters and e-mails addressed to Complainant, Lawyers notice sent to the OPs by Complainant and other documents lying on record. From the documents, it is evident that  a member vide contract No. CVA 57 . 0131 and Membership No. CVKKIP CLUB 239634. As per agreement Complainant is required to pay Rs.3,26,000/- as the product price  and Complainant paid Rs.2,61,000/- in cash on the date of signing the agreement. At the time of signing the agreement OPs informed that they have properties all over India. After Complainant was handed over the sale agreement and vacations agreement Complainant found that the OPs have properties in 20 places all over India. It is  clear that OPs made a false statement regarding properties. Complainant is not willing to visit those places as he had already visisted those places. So, Complainant is willing to terminate the membership. Besides, at the time of signing the agreement, Complainant was not aware of 15 percent increase in AMC. Had it been informed earlier by the OPs, Complainant  would not sign the Membership Purchase agreement. Complainant was told that if he wants to stay after 6 nights and 7 days he can stay after paying Rs.1,000/-  to Rs. 1,500/- as utility charges. All these were verbal assurances. If Complainant would have availed of the facility, he would not get that facility because like other false statements of the OPs, the veracity of the  of this statement is also subject to verification. It is clear from the behavior of the OPs that they had been negligent and deficient in their service and they have also harassed him at this old age by not refunding him back Rs.2,61,000/-, which is his asset at his old age. Though the  fonts of agreements are too small to be read in the  naked eyes by Complainant, yet Complainant went through the clauses of the agreement. After having dissatisfied, Complainant wants to terminate the membership purchase agreement, according to clause 15 of the same. On 02.04.2017 Complainant wrote an e-mail to the personnel of Century Club that as per terms and conditions under clause 15 of the agreement, Complainant wants to terminate  the membership and want refund. The terms of agreement shall not suit with the benefits of Complainant. On 25.07.2017, Complainant sent another e-mail informing about the termination of membership. The OPs informed that membership fee is not refundable. Complainant informed that as per clause 15 of  the agreement that information for discontinuation of membership fee is not refundable under any circumstances. Complainant  had informed the head office on 23^rd, 24^th  and 25^th  of July,2017 respectively. In the meantime, Complainant also sent a letter by speed post, so Complainant has not crossed the cool off period. Complainant again sent letters on July 25^th  2017, August 6, 2017. The OPs informed the same thing that membership fee is not refundable. OPs state after going through the clauses, Complainants have signed  the agreement but there is no endorsement, that after going through the clauses, Complainant had signed the agreement. Complainant got no time to read and he sent Lawyer’s letter, but everything went in vain. Complainant did not get refund. Hence, the OPs are guilty of deficiency in service and unfair trade practice. Complainant did not avail of any facility, still he is deprived of getting refund. So Complainants are entitled to get relief as prayed for.

 Hence, it is

Ordered

That   the Complainant be and the same is allowed ex parte against all the OPs.

            OPs are directed to pay Rs.2,61,000/- with 9 percent interest from 23.07.2017 till complilance along with litigation cost of Rs.10,000/- within one month from the date of this order.

            OPs are also directed to pay Rs.10,000/- towards compensation for mental agony, pain and harassment of Complainant within one month from the date of this order.

            OPs are also directed to pay Rs.10,000/- for unfair trade practice to be paid to this Forum.

Failure to comply with the order will entitle the complainant to put the order into execution under appropriate provision in C.P. Act.