West Bengal

Kolkata-I(North)

CC/279/2015

Kashinath Dutta and another - Complainant(s)

Versus

Authorised Signatory, Country Vacations - Opp.Party(s)

01 Nov 2017

ORDER

Consumer Disputes Redressal Forum, Kolkata - I (North)
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
Web-site - confonet.nic.in
 
Complaint Case No. CC/279/2015
 
1. Kashinath Dutta and another
Ed,107, Rajdanga Main Road, Kasba, Kolkata - 700107.
2. Smt. Shyamoi Dutta
Ed,107, Rajdanga Main Road, Kasba, Kolkata - 700107.
...........Complainant(s)
Versus
1. Authorised Signatory, Country Vacations
Advision of Country Club (India) Ltd., 86B/2, Gajraj Chambers, 1st Floor, P.S. - Topsia, Kolkata - 700046.
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. Sambhunath Chatterjee PRESIDENT
 HON'BLE MR. Sk. Abul Answar MEMBER
 
For the Complainant:
For the Opp. Party:
Dated : 01 Nov 2017
Final Order / Judgement

Order No.  14  dt.  20/09/2017

       The case of the complainant in brief is that the complainant purchased a membership from the o.p. for a consideration of Rs. 65,000/-. At the time of selling the membership the executive of the o.p. offered the complainant with many services. The complainant tried to avail of holiday facility assured by the o.p. and for that purpose the complainant expressed his desire to visit Goa and the complainant also paid Rs. 36,000/- to that effect but the said amount was not adjusted with the amount deposited by the complainant. The complainant was assured that the membership should be housed and accommodated in a comfortable hotel and also will get food at cheaper rate. The complainant while made enquiry regarding the stay at a place of interest the o.p. hiked the amount. The complainants realized that they were deceived by the o.p. Thereafter the complainant demanded the amount which was paid by them but the o.p. did not entertain the claim of the complainant resulting in filing of this case praying for direction upon the o.p. for refund of the amount of Rs. 62,985/- and compensation of Rs. 30,000/- and Rs. 10,000/- for litigation cost.

            O.p. contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainants were informed regarding the facilities to be enjoyed by the complainants after becoming the member. After knowing the entire fact the complainants agreed voluntarily and took the membership. The complainants failed to pay the subscription, therefore the services as sought for by the complainants could not be provided. It was also stated that o.p. was never approached by the complainant for any service. The complainants by manufacturing the false allegations against the o.p. filed this case and there was no deficiency in service on the part of o.p. and thereby o.p. prayed for dismissal of the case.

            On the basis of the pleadings of the respective parties following points are to be decided :-

  1. Whether the complainants were approached by o.p. for becoming the member of the club of o.p.s ?
  2. Whether the complainants paid the amount of Rs. 65,000/- to o.p. ?
  3. Whether the complainants were allured by o.p. for providing different facilities ?
  4. Whether there was any deficiency in service on the part of o.p. ?
  5. Whether the complainants will be entitled to get the relief as prayed for ?

Decision with reasons :-

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

            Ld. Lawyer for the complainant argued that the complainant purchased a membership from the o.p. for a consideration of Rs. 65,000/-. At the time of selling the membership the executive of the o.p. offered the complainant with many services. The complainant tried to avail of holiday facility assured by the o.p. and for that purpose the complainant expressed his desire to visit Goa and the complainant also paid Rs. 36,000/- to that effect but the said amount was not adjusted with the amount deposited by the complainant. The complainant was assured that the membership should be housed and accommodated in a comfortable hotel and also will get food at cheaper rate. The complainant while made enquiry regarding the stay at a place of interest the o.p. hiked the amount. The complainants realized that they were deceived by the o.p. Thereafter the complainant demanded the amount which was paid by them but the o.p. did not entertain the claim of the complainant resulting in filing of this case praying for direction upon the o.p. for refund of the amount of Rs. 62,985/- and compensation of Rs. 30,000/- and Rs. 10,000/- for litigation cost.

            Ld. Lawyer for the o.p. argued that the complainants were informed regarding the facilities to be enjoyed by the complainants after becoming the member. After knowing the entire fact the complainants agreed voluntarily and took the membership. The complainants failed to pay the subscription, therefore the services as sought for by the complainants could not be provided. It was also stated that o.p. was never approached by the complainant for any service. The complainants by manufacturing the false allegations against the o.p. filed this case and there was no deficiency in service on the part of o.p. and thereby o.p. prayed for dismissal of the case.

            Considering the submissions of the respective parties it is an admitted fact that the complainants by filing an Affidavit on evidence stated that they purchased  membership from the o.p. for a consideration of Rs. 65,000/-. At the time of selling the membership the executive of the o.p. offered the complainant with various services. The complainant tried to avail of holiday facility assured by the o.p. and for that purpose the complainant expressed his desire to visit Goa and the complainant also paid Rs. 36,000/- to that effect but the said amount was not adjusted with the amount deposited by the complainant. The complainant was assured that the membership should be housed and accommodated in a comfortable hotel and also will get food at cheaper rate. The complainant while made enquiry regarding the stay at a place of interest the o.p. hiked the amount. The complainants realized that they were deceived by the o.p. Generally after hearing of these facilities and being approached by o.p. to take the membership o.p. asked the parties to sign on some documents and also pay the cheque and the cheque is encashed within a short while so that the parties cannot change their mind subsequently. In such manner they deceive the parties. Here in this case same thing happened. There are lots of cases pending before this Forum and other Fora also making same allegations against the o.p. and o.p. take the same plea that the parties generally after going though the terms and conditions of the agreement put their signature and since the agreement itself is binding upon the parties and therefore no allegation can be entertained by the parties against the o.p. The complainants were allured in such manner as has been described in the petition of complaint as well as in the evidence. It was beyond the scope of the complainants to understand that they are going to be deceived by o.p. The o.p. generally makes target to the senior citizens whenever visited shopping malls, big cinema halls, etc. where they lay trap upon the public and make false promises and entice the parties in such manner. It is also found from the materials on record that the complainants were allured that he was misled by o.p. and took the money and afterwards no facility was provided, whenever the complainants lodged protest the same was not entertained, thereby the complainants had no other alternative but to file this case before this Forum praying for reliefs. In view of such facts and circumstances of the case we hold that o.p. is in the habit of making such false assurance to the members and accordingly we hold that the complainant will be entitled to get the relief as prayed for as there was deficiency in service on the part of o.p.

            Thus all the points are disposed of accordingly.

            Hence, it is ordered,

            that the case no. 279 of 2015 is allowed on contest with cost against the o.p. The o.p. is directed to pay a sum of Rs.62,985/- (Rupees sixty five thousand nine hundred eighty five ) only to the complainant along with compensation of Rs. 10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs. 3000/- (Rupees three thousand) within 30 days from the date of communication of this order, i.d. an interest @10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.           

            Supply certified copy of this order to the parties free of cost.

 
 
[HON'BLE MR. Sambhunath Chatterjee]
PRESIDENT
 
[HON'BLE MR. Sk. Abul Answar]
MEMBER

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