FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member,
Complainant’s case, in brief, is that being allured to the representation of OPs complainants took OPs.’ club membership bearing No. CCKK3BPCLUB10LB72893 by depositing Rs.2,25,000/- out of total Consideration of Rs.2,50,000/- on 29/04/2017. At the time of enrollment OPs had promised a number of offers along with special spot offer for I phone 5c. But after enrollment they failed to provide the offers, especially the I phone 5C. In the meantime the Complainant paid the balance amount of Rs.25,000/- to the OPs. Realizing the blunder, the complainant sent an email to the OPs requesting to cancel the membership and refund the deposited amount. But OPs willfully neglected to refund the hard earn money of the Complainant. Therefore, the complainant compelled to lodged a complaint against the OPs before CA & FBP on 08/08/2018. But the OPs did not take any action as per letter of the ‘Assistant Director’, CA & FBP. Thus the mediation process failed. Therefore finding no other alternatives the complainants approached before this Commission praying for relief/reliefs.
The instant consumer complaint is contested by the OPs by filing WV contending inter alia that the complainants have deliberately suppressed and concealed various facts related to membership Agreement as well as efforts made by the OPs to resolve all such issues arising out of it and it does not disclose any deficiency in service. The case of the OPs is that understanding the benefits and after satisfaction complainants decided to purchase the Membership for Rs.2,50,000/- and deposited part amount of Rs.2,25,000/- with full knowledge. The mail from the Complainant to refund the Membership Feesstating his personal grounds was received by the OPs on 230.8.2017. The Complainant was assured of receiving the I-Phone upon payment of the remaining balance of Rs.20,000/- which the Complainant has not made till date. As such, OPs have prayed for dismissal of the instant consumer complaint.
Ld. Advocate for the parties have advanced the case by adducing relevant evidences and documents. We have gone through all the evidences and documents on record and gave a thoughtful consideration to the entire fact.
It is admitted fact that Complainant has purchased a Membership bearing No. CCKK3PCLUB30LB72893 from OPs on 29/04/2018.The total consideration amount of the said Membership is Rs.2,50,000/- and the Complainant paid Rs.2,25,000/- to the OPs. Complainant alleged that at the time of enrolment the OP2 promised to provide various offer including an I-Phone 5c. But after enrollment, none of the offers isprovided with by the OPs. Ld. Advocate for the OPs argued that the said I-Phone was assured upon payment of the remaining balance of Rs.25,000/ which has not been complied by the Complainant. Ld. Advocate for the OPs argued that on 23.08.2017 the Complainant requested to refund the deposited amount vide an e-mail stating his personal ground. Photocopy of the said E-mail reveals that:
I, Umang Kedia, membership number CCKK3PCLUB30872893 need to cancel my membership due to financial crisis and in urgent need. Please refund the amount of Rs 2lakh 25 thousand as soon as possible.
During final hearing Ld. Advocate for the OPs submitted that in the Petition of Complaint as well as in Evidence in Chief, the Complainant falsely submitted about paying the whole amount. At the time of executing the Agreement of the said Membership the Complainant paid Rs.70,000/- and took several installments to complete the payment of Rs.2,00,000/- and did not even pay the AMC charges. Photocopies of the payment receipts are annexed by the OPS with their BNA in this regard. On the other hand, we could not find any piece of documents in the entire case record which can establish that the Complainant has paid the remaining balance of Rs.25,000/- to the OPs. Thus, we cannot but to decline with the aforesaid submission of the Complainant that he had paid the full amount of the said Membership Fees. Moreover, we did not find any supporting evidential documents during the stages of proceedings of the case which can prove the abovementioned transparency of the Complainant.
It is true that the Complainant sent emails to OPs demanding the refund of deposited amount which replied by the OPs rejecting the request of the Complainant vide E-mail dated 16.01.2018. As per admission of the OPs and photocopies of payments receipts produced as evidence by the OPs it is clear that the Complainant paid an amount of Rs.2,25,000/- to the OPs and did not utilize membership facilities till date. The last payment made on 21.06.2017 by the Complainant as per payment receipts produced by the OPs. The Complainant requested the OPs on 23.08.2019 for refund of deposited amount Neither the Complainant nor the OP has adduced the copy of the Agreement along with the Terms and Conditions. On the observation made in the body of the order we can safely state that the Complainant is entitled to get refund.
Based on the foregoing facts and circumstances of the case we find merit in the Consumer Complaint. The same is therefore, allowed in part.
The OPs are jointly and severally directed to:
- Refund the deposited amount of Rs.2,25,000/- to the Complainant deducting the service charge as per terms and conditions of the Agreement of the Membership bearing no. CCK3PCLUB30LB72893.
- Pay Rs.10,000/- to the Complainants towards litigation cost.
- Pay Rs.20,000/- to the Complainants towards mental agony and harassment.
- The order shall be complied with by the OPs within a period of 06 weeks from the date of this order failing which the deposited amount shall be paid with interest @ 12% p.a.
Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.
