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 in contact with Mr Jasimuddin Mondal,Manager of OP2 persuaded the complainant and his wife to avail the membership of Country Vacations,whose branch is in Kolkata.On 29.11.2018,upon explaining the details of various membership packages,the complainant had opted for Millionaire Club Premium Package .After discussion with officials of the Country Club the complainant deposited the Rs 75,000 (Rupees Seventy FiftyThousand )only and a cumulative sum of amounting Rs,84,142/ inclusive of interest vide receipt No.1218-CVKK-36498 dated 01.12.2018,Agreement No.2473 amount Rs,37000/- and Reciept no.1218-CVKK-36497 dated 01.12.2018,Agreement No.2473 amount Rs,38000/-.One  agreement was also signed on 29.11.2018.Upon going through the details of the agreement it was found that an additional annual charges to the tune of Rs,10,500 exclusive of taxes are  to be paid in advance every year whether the facilities availed or not.The complainant was kept in dark by not disclosing this important piece information to the complainant by the OP2.The complainant’s son via email informed the customer care to revoke the agreement within the “cool off period” ie, on 30.11.2018. The complainant received an email that the nominal administrative fee of Rs 3800/ would be deducted from the total deposited amount and rest of the amount would be refunded to the complainant within 120 days.Upon expiry of their commitment for refund of the money the complainant emailed several times and requested the same. Finally, the complainant filed the case before the commission and  prayed for refund amount of Rs 80,342/ (Rupees Eighty thousand three hundred forty two) only and  compensation along with interest and other costs of  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 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 10.12.2021 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 OPs 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.

Points for Determination

In the light of the above pleadings, the following points necessarily have come up for determination.

1) Whether the OPs are deficient in rendering proper service to the complainant?
            2)   Whether the OPs have indulged in unfair trade practice?

3)   Whether the complainant is entitled to get relief or reliefs as prayed for?

Decision with Reasons

Point Nos. 1 to 3:-

All the points are taken up together for sake of convenience and brevity in discussion. Upon perusal of the consumer complaint coupled with evidence of the complainant including photocopies of the correspondences through e-mail along with the Millionaire Club Premium package Sale Agreement” dated 29.11.2018,money receipts etc,we find that the complainant had deposited Rs 75,000 (Rupees Seventy Five Thousand )only it is an admitted fact too that the complainant took the membership of the mentioned club,the very next day the complainant decided to withdraw the membership agreement and asked for refund of the money within the “cooling off period” accordingly on 30.11.2018, the complainant sent an e-mail to OPs and asked to withdraw the membership agreement and refund of the deposited membership charges of Rs 75,000/ as mentioned in the package sale agreement clause 27. In response of the e-mail dated 30.11.2018 the OPs confirmed the receipt of the mail and assured the request be addressed at the earliest on the priority basis. It was also informed through the mail dated 20.12.2018 that a nominal administration fees of Rs,3800/- would be deducted from the total deposited amount and rest  will be refunded and it is under process.Inspite of the development the OPs failed to discharge their

 CC/529/2019

Page 2 of 3

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.75000/( Rupees Seventy five thousand) only  along with accrued interest. Complainant have filed his affidavit reaffirming the allegations. Thus, it stands proved that despite of having received Rs.75,000/ ( Rupees Seventy five 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 Rs,75,000/ ( Rupees Seventy five  thousand) to the OPs for membership of the tour package but due to some terms and conditions mentioned in the sale agreement he was compelled to cancel the membership agreement. The OPs failed and neglected to pay deposited amount Rs 75,000/ 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 OPs,  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  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  interest.

In the result, the case succeeds .

Hence,

Ordered

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

1.OPs are directed to refund the deposited amount Rs,75,000/(Rupees Seventy Five thousand) only

2.OPs are further directed to pay @ 09% from the date of filing of the complaint case till the date of actual payment.

3.OPs are directed to pay Rs,15,000/-as a litigation cost.

The above order be complied with by the OPs within 45 days from the date of passing of this order.

Complainant may put the order in execution, if the OPs transgresses to comply the order within the stipulated period.

 Copy of the judgment be delivered to the parties free of cost as per the C.P. Act and Judgment be uploaded in the website of the Commission for perusal of the parties