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 a nut shell  that the complainant got a telephonic invitation from Country Club office and after that he visited the Branch office of country Club with his wife on 23.12.2017 to know the details of the scheme.After discussion with officials of the Country Club the complainant deposited the Rs 59,000 (Fifty Nine thousand) only by debit card (vide receipt no.1217-CVKK-32043-Rs 50,000+ Receipt no. 1217-CVK-32044-Rs 9,000)  and Rs 15,000 (Fifteen thousand) only by three Post dated cheques each of 5,000. Total 74,000 ( Seventy Four thousand) only but later the complainant send instruction  to Bandhan Bank authority to stop the payment of cheques of Rs 15,000/ and only Rs 59,000/ paid against club membership for a short term travel planning.One sale agreement was also signed on that day.Later,the complainant visited the Country club office to collect the agreement copy he noticed the abnormal product price of Rs 2,46,000 for which he was not informed charged the entire amount which the complainant was liable to pay within 30 days of the initial payment.The complainant immediately informed the matter to the Manager but was not entertained and refused.Further,The complainant had decided to withdraw the membership and accordingly as per terms and condition of sale agreement of page 3 Sl.no.34 the complanant’s daughter sent an e-mail to the Head Office of the Country Club customer care at Hydrabad for cancellation of the membership during the “Cooling Off” period and return of money .One official of H.Q of Country club Mr.D.Shiva Kumar assured that money would be refunded after deducting of nominal charges of Rs 3800/ within 120 working days from the date of invoking cool off period.After assurance from the  country club from H.Q Hydrabad and Kolkata office at Topsia the OPs did not bother to refund money even after expiry of 120 days.The complainant also stated that after failing of personal negotiation he approached to the Dy.Assistant Director Central Consumer Grievance Redressal  Cell,Consumer Affairs department,West Bengal for a tripartite negotiation meeting on 03/05/2019 but this also resulted in vain and they also advised to lodge the case before the appropriate authority ie.DCDRF,Kolkata.   

Finally, the complainant filed the case before the commission and  prayed for refund amount of Rs 59,000/ and  compensation along with interest and other costs of Rs.35,000/- for the mental agony and harassment, legal charges, etc. 

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 complainant having signed on the membership agreement with full knowledge and understanding. The OPs dully attended the tri-party meeting and the complainant was assured about the refund of the membership amount as per “cool off clause” in the agreement.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 13.03.2020 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 OP 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.

Decision with Reasons

Upon perusal of the consumer complaint coupled with evidence of the complainant including photocopies of the money receipts amount Rs 59,000 (Fifty Nine thousand) only by debit card (vide receipt no.1217-CVKK-32043-Rs 50,000+ Receipt no. 1217-CVK-L 26.12.2017,along with the “Country Club Sale Agreement” . we find that the complainant had deposited 59,000 ( Fifty nine Thousand) only and took the membership of the mentioned club.But after few days later due to financial reservation and  some personal problem and unable to pay more money for the membership they decided to withdraw their membership and asked for refund of the deposited amount.In this connection the complainant with the support of her daughter sent an e-mail to OPs and asked to withdraw the membership agreement and refund of the deposited membership charges of Rs 59,000/ during the “Cooling Off Period” as mentioned in the package sale agreement clause 34. In response of the e-mail dated 25.12.2017 the OP Mr D Shiva Kumar  confirmed the receipt of the mail and request of cancellation of  membership and agrees to refund the money after deducting the nominal charges of Rs,3800/ within 120 working days from the date of invoking cool off period.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. 59,000/( Rupees Fifty nine thousand) only  along with accrued interest. Complainant have filed his affidavit reaffirming the allegations. Thus, it stands proved that despite of having received Rs.59,000/ ( Rupees Fifty nine 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 Rs59,000/ ( Rupees fifty nine thousand) to the OPs for membership of the tour package but due to some financial and personal problems he was compelled to cancel the same and requested for refund of the amount.. The OPs failed and neglected to pay deposited amount Rs 59,000/ for which they have committed in their mail 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 OP,  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  compensation.

In the result, the case succeeds .

Hence,

Ordered

    That the complaint case be and the same is allowed contested against the OPs.

OPs are directed to refund the deposited amount Rs,59,000/ ( Rupees fifty nine  thousand ) only.

OPs are further directed to pay Rs. 15,000/- (Rupees Fifteen thousand) only as compensation for causing mental agony, pain and harassment to the complainant within the stipulated period.

Complainant put the order in execution, if the OPs transgresses to comply the order according to Consumer Protection Act, 2019 after the expiry of 60 days.