FINAL ORDER/JUDGMENT           

SHRI SWAPAN KUMAR MAHANTY,   PRESIDENT

The case of the complainant, in brief; is that he purchased Membership bearing No. CVKK1V10LB257264 of Country Club Hospitality and Holidays Ltd. on 30.09.2018 for a period of 10 years on payment of Rs. 1,52,500/- from OP-2. The clauses of the Sale Agreement were found in favour of the Country Vacations. Complainant sent email dated 09.10.2018 to the OPs requesting to cancel his membership and to refund the money. By an email dated 30.09.2018,  the OPs assured and promised to refund the deposited money to the complainant within 120 days after deducting administrative charges. Despite several request,  the OPs did not refund Rs. 1,52,500/-. Subsequently, a tripartite meeting was held on 24.09.2020 before the Central Consumer Grievances Redressal Cell, Consumer Affairs Department, wherein the representative of the OPs assured and promised to refund the deposited amount within 30.04.2020 in a single short but ultimately they failed and neglected to comply their promise. Having no other alternative, the complainant compelled to issue legal notice dated  16.10.2020 to the OPs 1 and 2  claiming refund of entire deposited amount along with interest @  18 % p.a. calculated till the date of entire payment. Legal notice was unattended. The OPs have failed to fulfill their services. Complainant has alleged gross deficiency in services and unfair trade practice on the part of the OPs. Hence, the complaint.

The OPs have contested the case by filing WV contending inter alia that the present complaint is not maintainable in its present form and in law. The complainant is not entitled to refund the entire deposited amount in terms of the Sale Agreement. The membership fee is not refundable and it is a valid contract. Thus, once the parties to contract accepted the terms and conditions of the Sale Agreement the same cannot be repudiated on unilateral whims of any of the parties. The complainant is not a Consumer as per CP Act and there is no deficiency in service and unfair trade practice on the part of the OPs. Accordingly, the OPs have prayed for dismissal of the complaint with cost.

Both parties have also filed their E/chief supported by an affidavit and they also relied the documents annexed with the complaint petition as well as WV.

We have heard the Ld. Counsel for the parties and have carefully perused the entire record.

It is not in dispute that the complainant purchased a Club Membership bearing No. CVKK1V10LB257264 on 30.09.2018 for a period of 10 years  at a consideration of Rs.  1,52,500/- and a Sale Agreement was executed between the parties. It is also true that the complainant through email dated  09.10.2018 cancelled the said agreement within  cool off period of 10 days from the date of signing Sale Agreement. The OPs vide email dated  14.10.2018 informed the complainant that they have noted the request and will get back the complainant soon. Inspite of such intimation, the OPs did not refund the deposited amount to the complainant. On perusal of clause  26 of the terms and conditions of the Sale Agreement dated 30.09.2018, we find that “there shall be a cool off period of 10 days from the date of signing of this agreement wherein member can discontinue the agreement by paying a normal administration charges of Rs. 3,800/- to the company. After deduction of the aforesaid amount (Rs. 3,800/-) remaining amount would be refunded to the member within 120 days from the date of invoking cool off period for invoking the cooling off period the member shall sent a return communication to the Country Club, Central Customer Care, 4^th floor, Aslan Building, Begumpet, Hyderabad-50016 through registered speed post and or email. After the expiry of the aforesaid period the entire membership fee is not refundable under any circumstances.”

Fact remains that the complainant sent email dated 09.10.2018 to the OPs with a request to cancel aforesaid membership within the cool off period of 10 days from the date of execution of the Sale Agreement dated 30.09.2018. In terms of the Clause 26 of the Sale Agreement, the OPs are bound to refund the membership amount after deducting administration charges of Rs.  3,800/- within  120 days from the date of invoking of cool off period. Despite several emails and requests, the OPs did not refund the deposited amount after deducting administration charges to the complainant. Legal notice dated 16.10.2020 was unattended.

In the light of the above discussion, we are of the opinion that the complainant is a consumer under the provisions of the Consumer Protection Act, 2019 and the OPs are indulged in unfair trade practice. The OPs have violated Clause 26 of the Sale Agreement. Thus, the complainant is entitled to relief as prayed for.  In the result the case merit succeeds.

Hence,

Ordered

That the consumer case is allowed on contest against the OPs in part with the following directions:-

1. OPs are directed to refund of Rs. 1,48,700/-. (Rupees one lac  forty eight thousand seven hundred) only to the complainant.
2. OPs are further directed to pay Rs. 25,000/- (Rupees twenty five thousand) only as compensation to the complainant on account of mental agony and physical harassment.
3. OPs are also directed to pay Rs. 5,000/- (Rupees five thousand) only towards litigation cost to the complainant.

The above directions be complied by the OP within a period of 90 days from today. For failure or omission in compliance within the stipulated period, the complainant shall be at liberty to put the order in execution as per CP Act.

Copy of the judgment be supplied to the parties free of cost as per CP Act. Upload the judgment on the website of this Commission for perusal of the parties.