Sri M.C.DEVAKUMAR,

      Member

1.  The Complainant Sri J.K. Umesh has filed the complaint Under Section 12 of the C.P.Act 1986, against the opposite parties alleging unfair trade practice and seeking a direction to return the membership amount of Rs.40,000/- along with interest at the rate 18% p.a from 14.01.2019 and other reliefs.

2. The complainant submits that, he is working as Assistant Professor at the Government 1^st grade college, Hanagodu, Hunsur Taluk and wanted to invest for the future benefit of his family members. The opposite parties called him to receive the lucky prize won by him. Hence he approached 2^nd opposite party, wherein it was canvassed that they are reputed club in the country and providing best facilities to the members of the club. Believing the fanciful words of opposite party, on 13.01.2019 he purchased the membership with 2^nd opposite party and paid Rs. 40,000/-. Receipt No.0119-CVMY-5877 dated 14.01.2019 was issued as acknowledgement. Further a membership agreement was got executed. It was also informed the annual fee of Rs.10,500/-. After going through the agreement terms and conditions, decided to close his membership with opposite parties without using the facilities and sent e-mails repeatedly, requesting the opposite parties to refund the amount paid by him. On failure to heed to the request and demands made by him, this complaint is filed seeking relief.

3.   Despite the service of notice of this commission, the opposite parties remained absent. Hence they are placed as exparte.

4.   To prove the facts and allegation the complainant filed his affidavit evidence along with several documents, marked as Exhibits P1 to P3.

5.  Counsel for the complainant addressed oral arguments. Perusing the material on record, matter posted for orders.

6.    The points that would arise for our consideration are as
7. 1. Whether the complainant establishes the unfair trade practice by the opposite parties for not refunding the amount paid by him and thereby he is entitled for the reliefs?
   2. What order? 

7.     Our findings on the aforesaid points are as follows:

      Point No.1:- Partly in the affirmative

      Point No.2:- As per final order for the following

:: R E A S O N S ::

8.     Point No.1:- The complainant has entered in to a    “Millionaire Club Premium Package Sale Agreement” with opposite party on 13.01.2019 at Mysuru. On behalf of opposite party Sri Hemanth Kumar.K has executed the agreement for sale of membership for a sum of Rs. 65,000/-. However Rs.40,000/-was paid to opposite party  by the complainant on 13.01.2019 out  of total of Rs. 65,000/-. After going through the terms and conditions the complainant was not interested to continue his membership with opposite party. As such on 22.01.2019, by invoking cooling off period as per point no.27 of the terms and conditions, requested the opposite party to cancel his membership and also to refund the amount paid by him to his SB account, through an email. Even after the lapse of more than 10 months the opposite party failed to refund the amount paid, because of which the complainant suffered mentally. The permanent receipt reference no. 0119-CVMY-5877 dated 14.01.2019 acknowledge the payment of Rs. 40,000/- by the complainant to the opposite party. Further vide letter no CV-HYD-C-95378 also confirms that the payment of Rs.40,000/- by the complainant towards membership with opposite party. Another acknowledgment dated 13.01.2019 confirms the receipt of Rs. 40,000/- by the opposite party.

9. Considering the evidence and the arguments addresseed by the counsel and also relying on the documents (Exhibits P1 to P3) it is proved that the complainant had obtained the membership through a sale agreement and also paid Rs. 40,000/- to opposite party. Not satisfying with the terms and conditions, the complainant sent an email by requesting the opposite party to cancel his membership and seeking refund of Rs. 40,000/-paid by him, to his SB account. However, the opposite parties did not come forward to refund the amount even after the lapse of 10 months. Thereby this Commission opined that, the opposite parties have retained the amount paid by the complainant, illegally which amounts to unfair trade practice. Hence the point no.1 is answered partly in the affirmative.

10.     Point no.2:- With the above discussions, the complaint filed by Sri.Umesh.J.K deserves to be allowed in part. Hence the following

:: ORDER ::

1. The complaint is allowed in part.
2. Opposite parties jointly and severally hereby directed to refund Rs.40,000/- to the complainant with interest at the rate of 8% p.a from 22.01.2019 to till the date of payment and also directed to pay a sum of Rs.5,000/- towards cost of this proceedings in 30 days.

3. Furnish the copy of order to the complainant at free of cost.

(D      (Dictated to the Stenographer transcribed, typed by her, corrected by us and then pronounced in open Commission on this the   1        15^th September, 2020)