Order-14.
Date-23/08/2016.
This is an application u/s.12 of the C.P. Act, 1986.
Complainant’s case in short is that in the last part of Nov.-2015 the complainant along with his family went to City Centre-1, at that time one representative of O.P.-2 came and offered this complainant to take part of a lucky draw competition where there is opportunity to get prizes and free holiday package. The complainant filled up a coupon writing personal details and handed over the same to the O.P.-2. A few later the complainant received one phone call in the middle part of Nov-2015 from a person who identified herself as a employee of O.P.-2 and informed that the complainant is lucky winner and invited him along with his wife to collect the gift from the O.P.-2 office. The complainant attended the office of O.p.-2. The representative of O.P.-2 invited this complainant to take the membership of Aristocrat Association like Country vacations and also stated amazing opportunity to trip and holiday package. The representative of O.P.-2 took so many signatures of the complainant in a printed documents. The complainant also as per their demand paid Rs.50,000/- as Club Membership Fee to get exciting offer as regards travelling. The complainant was also assured that most of the time some of the trip will be free of cost. The complainant also paid Rs.100/- as Fee for purchase agreement. The family of the complainant there after decided to take a tour program in upcoming Christmas vacation and contacted with O.P.-2. As per the instruction of O.P.-2 the complainant went to the office of O.P.-2 in the 1st part of Dec.-2015 but the Branch head of O.P.-2 in a rough manner stated that there is no such offer as regards the Club Membership and also stated that if the complainant wanted to avail such offer he has to pay more Rs.50,000/- to become a special membership card holder of the Country vacation. Heaven fail on the head of the complainant and he could realize that he has been badly cheated by the O.Ps. Complainant requested the O.P. to return his money but O.P. men behaved very rudely and stated that they have no option to return money.
O.P.-2 has contested the case in filing W.V. contending inter alia that the complaint is harrassive and is filed to malign the reputation of the O.P. party. it is stated that the complainant duly signed the agreement at the office of O.P.-2 where he was invited for a demonstration of the company’s resource and spas and Club and their membership. Being impressed by the venues and resource and after being completely satisfied with the norms, rules, terms and conditions of the said company the complainant willfully and without any coercion or undue impress signed the Country Club Gymkhana Membership purchase agreement with the said company on 29/11/2015 for a price of Rs.51,000/- and the membership card has been delivered to him. It is alleged that the complainant did make any attempt to avail the benefits under Country vacation membership agreement dated 29/11/2015. It is also stated that the complainants affix their signatures on the said agreement knowing fully well all the terms and conditions of the said membership. The allegation of being cheated and of deficiency of service and unfair trade practice of O.P.-2 is not maintainable. This O.P. has prayed for dismissal of the case.
O.P.-1 has not, however, contested the case and the case is proceeded ex parte against O.P.-1.
Point for Decision
- Whether O.Ps. are guilty of unfair trade practice?
- Whether the O.Ps. are deficient in rendering services to the complainant?
Decision with Reasons
Both the points are taken up together for discussion for the sake of brevity and convenience.
We have perused the documents on record, namely purchase agreement for club membership, holiday gift voucher, information for cancellation of membership, e-mail correspondences between the parties filed from the side of the complainant as on record.
It appears that country club hospitality and holidays Ltd. having its regd. office at Country Club India Ltd. having its regd. office at Umrutha Castle, Hyderabad and having its office at Kolkata, Country Vacations (A Division of Country Club Hospitality & Holidays Ltd. at Park Circus Connector, Topsia, Kolkata) It appears that this company is engaged in hospitality business, operating clubs, hotels and resorts and marketing club membership and other products. It is alleged by the complainant that when the complainant with is family went for refreshment in the last part of Nov.-2015 to City Centre-1 at Salt Lake, a representative of O.P.-2 persuaded the complainant to take part of lucky draw competition where there are opportunities to get prizes and free holiday package and the complainant being convinced by the representation made by the Agent of O.P.-2 filled up a coupon by writing his personal details and handed over the coupon to the staff of O.P.-2. Subsequently he was informed that he got lucky draw and he went to the office of O.P.-2. It also appears from the document on record that the complainant paid an amount of Rs.50,000/- as club membership fee and also Rs.100/- for purchase agreement on a stamp paper. It appears that the O.P. company received the said amount but complainant could not avail any tour in upcoming Christmas vacation as he proposed to the O.P. On the contrary, O.P. demanded another Rs.50,000/- to get a special membership card of country vacation. It appears that O.P. did not offer any travelling or accommodation in club resort unto the complainant
It is argued by the Ld. lawyer appearing for the O.P. that the complainant signed the agreement on his own volition and he is bound by the terms and conditions of the agreement.
Seen the purchase agreement for the club membership. There is no certificate or endorsement appearing in the document that the terms and conditions therein were read over and explained to the complainant and the complainant being satisfied with the norms, rules and terms & conditions of the said company signed the document. We also find that the stipulations therein are printed in very small font and it requires microscope to go through such terms and conditions. So we cannot say that the complainant is bound by the terms and conditions of the agreement.
It appears that the complainant took life time club membership and he was not offered any benefit under the said agreement. So it appears that the O.P. has utilized the deposited amount for its own gain without giving any benefit of tour, travelling, stay at any resort to the complainant. The question remains why a person would invest such a big amount just for getting a membership and without any benefit? We find that the O.P. has played with the trust reposed on it by the complainant. The complainant was enticed to invest the amount by the O.P. We hold that the O.P. has adopted unfair trade practice. The O.P. is also, in our opinion, deficient in rendering services to the complainant.
In result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed on contest against O.P.-2 and ex parte against O.P.-1.
O.Ps.1 and 2 are directed jointly and severally to refund an amount of Rs.51,000/- along with interest at the rate of 9 percent p.a. w.e.f. 29/11/2015 within one month from the date of this order.
O.Ps. are also directed to pay an amount of Rs.25,000/- for unfair trade practice apart from litigation cost of Rs.10,000/- to the complainant within the said stipulated period.
Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act and in that case O.Ps. will be liable to pay penal damage at the rate of Rs.5,000/- per month to be deposited to this Forum till full and final satisfaction of the decree.
