BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                              :           PRESIDENT

SMT. PREETHA G. NAIR                           :           MEMBER

SRI. VIJU  V.R.                                             :           MEMBER

C.C.No. 444/2019 Filed on 06/12/2019

ORDER DATED: 20/01/2023

ORDER

SMT. PREETHA G. NAIR: MEMBER

Complainant is an Advocate practicing in Attingal.  The complainant is a senior citizen.  In the year 2017, 2^nd opposite party telephoned complainant and invited for an orientation program of the opposite parties.  The complainant rejected the invitation of opposite parties.  Later due to the insistence of opposite parties, complainant agreed.  On 27/03/2017, complainant along with his wife attended the orientation programme of opposite parties.  It was a well organized meeting in SP Grand days, Hotel.  Orientation was for one hour and session was mesmerizing, with their presentation, made us believe the benefits of the offers.  Without giving time to rethink, opposite parties compelled to take membership and to sign the agreement.  Complainant in a fragmentary illustration, took the membership by paying Rs.1,65,000/- and also signed the agreement of opposite parties.  Complainant received smart card and vacation smart cards etc with some other papers from opposite parties.  Opposite parties also provided information to activate complainant’s account.  By that time complainant’s health condition became bad and complainant was not in a position to travel.  Due to the daily medical expenses, complainant’s financial condition also became bad.  Hence complainant did not activate the opposite parties account.  Complainant wrote a letter to both opposite parties, detailing his health and financial condition and also requested to cancel the membership and the agreement and to refund the amount paid.  Even though opposite parties received the latter, they did not give a reply.  Due to the compulsion of opposite parties, complainant took the membership.  Without giving time to think or to read the agreement, was forced to sign the agreement.  This amounts to unfair trade practice of opposite parties.  Complainant have neither started the account of opposite parties, nor used any of its benefit.  Complainant’s money of Rs.1,65,000/- is with the opposite parties.  Opposite parties are liable to refund it to the complainant.  Opposite parties are holding an unlawful profit from the complainant’s pocket.  Hence it amounts to unfair trade practice and deficiency of service.  Hence this complaint.

Opposite parties filed vakalath.  But not filed version.  Complainant filed proof affidavit and Ext.A1 to A6 marked as evidence. 

Issues to be considered are:-

1. Whether there is any deficiency in service on the part of the opposite parties?
2. If so, what is the cost and relief?

Issues No.1&2:- Ext.P1 is the purchase agreement for club and vacations membership.  Ext.A2 is the receipt dated 17/07/2017 for an amount of Rs.40,000/- for country club membership.  Ext.A3 is the payment details receipt issued by 2^nd opposite party for an amount of Rs.1,65,000/-.  Ext.A4 is the registration details and password for registration sent by opposite parties.  Ext.A5 is the letter sent to opposite parties to cancel the membership by complainant.  Ext.A6 is the acknowledgment card. 

The complainant and opposite parties filed argument note.  The opposite parties raised the contention that there is no provision to return the membership fees because it is not a security deposit.  Complainant stated that he had received smart card and vacation smart cards etc. with some other papers from opposite parties.  But complainant had not activated the account or used any of the facilities of opposite parties.  Further complaint stated that due to the compulsion and pressure he paid the money.  The opposite parties had not produced any evidence to disprove the case of complainant.  But the complainant in the complaint stated that refund the amount of Rs.1,65,000/- with reasonable interest after reasonable deducting.  Hence we directed the opposite parties to deduct Rs.25,000/- as the cost of smart card and vacation smart card etc. and  pay balance of Rs.1,40,000/- to the complainant. 

In view of the above discussions we find that the act of opposite parties amounts to deficiency in service.

In the result complaint is allowed.  We direct the opposite parties to cancel the complainant’s membership and agreement and also direct the opposite parties jointly and severally liable to pay Rs.1,40,000/- (Rupees One Lakh Forty Thousand Only) as the membership fee and Rs.10,000/- (Rupees Ten Thousand Only) as compensation, pay Rs.2,500/- (Rupees Two Thousand Five Hundred Only)  as cost of the proceedings to the complainant within one month from the date of receipt of this order, failing which the amount except cost shall carry 9% interest from the date of receipt of order till the date of payment/realization. 

  A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 20^th day of January,  2023.

R

C.C. No. 444/2019

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:

                                                                                                                            Sd/-

PRESIDENT