FINAL ORDER/JUDGEMENT

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

Complainants’ case, in short; is that a Sale Agreement dated 31.10.2018 was executed between them and the OP-1 by making payment of Rs. 70,000/- for benefits of holiday at several places within the territory of India. Complainants realized that the agreement dated 31.10.2018 was wrong and they were not given any chance to go through the contents of the agreement because stipulation therein is printed in very small. Complainants wrote a letter dated 02.11.2019 requesting the OPs to cancel the membership with a request to refund Rs. 70,000/- after deducting Rs. 3,800/- as service charges. In terms of clause No. 27 of the Sale Agreement, the OPs have to refund the deposited amount within 120 days but failed and neglected to refund the deposited amount. There is deficiency in service and attitude of OPs is tantamount to unfair trade practice. Hence, the complainants file the instant consumer case praying relief fully mentioned in the prayer.

The OPs 2 and 3 have contested the case by filing WV contending inter alia, that the instant complaint is vindictive, motivated, harassive and misconceive one. The answering OPs have denied all the allegations made out in the consumer complaint. The specific case of the answering OPs is that the complainants executed Sale Agreement and also paid Rs. 70,000/-. The terms and conditions of the agreement are binding and enforceable upon both the parties.  The contents of the agreement for sale were duly explained to the complainants and there was no concealments and /or misrepresentation of facts or contents of the agreements. The membership amount is non-refundable. The answering OPs have also denied that there is any deficiency in service and unfair trade practice on their part. Accordingly, the answering OPs have prayed for dismissal of the consumer complaint with cost.

We have travelled over the evidence of both sides and photocopies of documents on record.

Fact remains that the complainants had entered into a Sale Agreement with OP-1 on 31.10.2018 and the OP-1 assured to provide facilities fully described in the Sale Agreement. It is also true that the complainants paid Rs 70,000/- to the OP-1 against money receipt. Complainants cancelled the Sale Agreement dated 31.10.2018 through email as well as letter. The OP-1 did not accept the request of the complainants.

On perusal of the terms and conditions of the Sale Agreement, we find that the OP-1 has liable to refund the deposited amount after deducting Rs. 3,800/- as administration charges. After deduction of aforesaid amount remaining amount would be refunded to members within 120 days. It is admitted fact that the complainants submitted cancellation prayer with a request to refund Rs.  70,000/- after deducting Rs. 3,800/-. But the OPs till the date of institution of the consumer complaint failed to refund the amount after deducting administration charges of Rs. 3,800/- though they agreed to refund principle amount after deducting Rs. 3,800/- as administrative charges vide their emails dated 16.11.2018 and 13.03.2021 respectively. In our opinion, it is gross deficiency and/ or negligence on the part of the OPs. Thus, the complainants are entitled to get (Rs. 70,000/- – Rs.3,800/-) = Rs. 66,200/-.

In the result, the case succeeds in part.

Hence,

Ordered

That the consumer complaint is allowed in part on contest against the OPs 2 and 3 and ex parte against the OP-1 without any litigation cost. OPs are directed to refund Rs. 66,200/- to the complainants within 45 days from the date of this order.

A copy of the judgment be provided to the parties as mandated by the CP Act. The judgment be uploaded forthwith on the website of this commission for perusal of the parties.