DATE OF FILING : 12-08-2013. DATE OF S/R : 12-09-2013. DATE OF FINAL ORDER : 07-04-2014. 1. Anita Sarkar, wife of Sri Suman Sarkar, 2. Suman Sarkar, son of Sri Subrata Sarkar, both are residing at 5/3, Halder Para Lane, P.S. Shibpur, District – Howrah, PIN – 711101. -------------------------------------------------------- COMPLAINANTS. - Versus - Country Club India Ltd., situated at 86B/2, 1st & 4th floor, Gajraj Chambers, Park Circus Coonector, Topsia Road, Kolkata – 700046.----------------------------------------------------OPPOSITE PARTY. P R E S E N T President : Shri T.K. Bhattacharya, M.A. LL.B. WBHJS. Member : Shri P.K. Chatterjee. Member : Smt. Jhumki Saha. F I N A L O R D E R 1. The instant case was filed by complainants U/S 12 of the C.P. Act, 1986 wherein the complainants have prayed for direction upon the o.p. to refund Rs. 73,000/- together with interest and to pay compensation of Rs. 3 lakhs for causing mental pain, harassment and Rs. 25,000/- for litigation costs as the o.p. in spite of receiving the requisite money did not provide vacation holiday facility and club membership facility in violation of the terms of agreement. 2. The o.p. in the written version challenged the territorial jurisdiction of this Forum and contended interalia that the allegations are baseless, false and fabricated. So the complaint should be dismissed. 3. Upon pleadings of both parties two points arose for determination : i) Whether the complaint is maintainable ? ii) Is there any deficiency in service on the part of the O.P. ? ii) Whether the complainants are entitled to get any relief as prayed for ? DECISION WITH REASONS : POINT No. 1 : 4. The prayer of the o.p. for ouster of the territorial jurisdiction of this Forum is thoroughly misconceived as the payment of Rs. 67,000/- and Rs. 6,000/- was made by the complainants to the o.p. through ATM SBI Howrah Bank and through cheque being no. 894603 dated 16-04-2013 drawn on SBI Howrah Branch signifying the invocation of Section 11(2)(c) of the C.P. Act, 1986. Therefore, this Forum has ample jurisdiction to entertain this complaint. Accordingly the point no. 1 is disposed of. POINT NOS. 2 & 3 : 5. Both the points are taken up together for consideration. Admittedly the o.p. received the total amount of Rs. 73,000/- from the complainants for execution of the 5 years vacation membership and holiday booking ( enclosures P-1 to P-5 ). But hoax of the o.p. was revealed subsequently and the euphoria of the complainants for holiday tour got evaporated from the conduct of the o.p. It is further revealed that the o.p. has deliberately withheld the issuance of the membership card within due time and also failed to provide any accommodation at the desired places in spite of previous agreement. There cannot be better instance of unfair trade practice and deficiency of service. We are, therefore, of the view that this is a fit case when the prayer of the complainants shall be allowed. Both the points are accordingly disposed of. Hence, O R D E R E D That the C. C. Case No. 280 of 2013 ( HDF 280 of 2013 ) be and the same is allowed on contest with costs against the O.P. The O.P. be directed to refund the sum of Rs. 73,000/- to the complainants within 30 days from the date of this order together with interest 10% p.a. since 18-06-2012 till full satisfaction failing the sum shall carry interest @ 18% p.a. till the full payment. The o.p. do further pay a sum of Rs. 50,000/- to the complainants as compensation for causing mental pain, prolonged harassment and frustration. The o.p. do further pay Rs. 5,000/- to the complainants as litigation costs. The complainants are at liberty to put the decree into execution after expiry of the appeal period. Supply the copies of the order to the parties, as per rule. DICTATED & CORRECTED BY ME. ( T.K. Bhattacharya ) President, C.D.R.F.,Howrah. | 
