Order No.  23  dt.  23/12/2016

            The fact of the case in brief is that the complainant intended to become a member of o.p. following lucrative advertisement in electronic media and other medias. Complainant paid Rs.36,000/- only for lifetime membership. O.p. issued a receipt to that effect. The complainant agreed to be a member of the club and paid the amount to the o.p. upon their specific assurance for availing free two-nights and three-days holiday at their resorts in India for five years with his family members and also for other facilities. In this regard  an agreement between the parties signed on 01.12.2010 as per assurance given by o.p. Complainant intended to book a holiday at Puri Resort(Orissa) of o.p. through internet and at the time of booking o.p. asked to  pay a sum of Rs.2000/- for such booking. Then the complainant understood  that no ‘free Holiday package’ would be given as per assurance of o.p. As regard to Annual Administrative charges  the o.p. assured that it would be Rs.1800/- including service tax but later on  they were charging Rs.6,000/- per annum. Complainant observed several clauses  of the agreement on the contrary to law. Hence the application praying for refund of Rs.36,000/- along with Rs.1,00,000/- for compensation  and Rs.10,000/- cost  of proceedings.

            O.p. appeared before this Forum and filed their written version. In their w/v o.p. denied all material allegation inter alia stated that no specific cause of action or no specific allegation has been made by the complainant. The agreement signed by and between the parties on 31.08.2010 and non-performance of duty on the part of both the parties is a case of the violation of the terms and condition of the agreement. Complainant failed to comply his duties in terms of the agreement. Complainant failed to pay yearly membership fee to o.p. and as such the complainant is no more  a consumer of o.p. The member unconditionally agreed that this is a non-refundable membership fees to the o.p. in accordance with the terms of the agreement. So no question of refund arises at all. There is no question of deficiency of service and unfair trade practices on the part of the o.p.  So the  complainant is not to get any relief and the case may be dismissed with exemplary cost.

Decision with reason

       We have gone through the pleadings of the parties and materials on record. Upon scrutiny of entire materialization on record we have observed that complainant became a member of a o.p club by paying Rs.36,000/-. O.p. assured that the charge was taken for lifetime membership Complainant annexed the receipt with the complaint petition.  O.p. gave the assurance for availing of two-nights three days holiday package at their Resorts  in India for five years with the members of the complainant. O.p. also assured the complainant for other facilities also. Complainant paid Rs.36,000/- on 14.12.2010. The agreement was signed between the parties on 11.12.2010. It was mentioned in clause-7 of the agreement that the membership entitles  complainant’s Holidays for two nights and three days for five years at CCIL property in India. When the complainant opted for holiday package for travelling in Puri (Orissa) o.p. demanded an extra amount. When the complainant asked for free holiday package as per assurance given by the o.p., they  informed the complainant that an extra charges would be applicable. As per agreement clause o.p. did not provide the complainant any complementary holiday package for two-nights and three days. The agreement signed between the parties on 11.12.2010 and complainant filed the case on 10.12.2012.  Therefore,  it is evident that  o.p. company did not provide any complementary package for near about 2 years since the singing of the agreement. In their w/v o.p. did not mention any reason why any complementary package was not offered to the complainant. When the complainant opted for free holiday package as per agreement they demanded extra amount.  Therefore we find deficiency of service and unfair trade practice on the part of o.p.

            In view of the above complainant has substantiated his case and as such he is entitled to get relief.   As a result compl;aint petition succeeds.

            Hence ordered

            That the case no.543/2012 is allowed on contest with cost.

            O.P. is directed to refund Rs.36,000/- to the complainant. O.P is also directed to pay Rs.10,000/- to the complainant as compensation for harassment and mental agony along with cost of Rs.5,000/- .

            OP is directed to pay the aforesaid amount  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.