FINAL ORDER/JUDGEMENT

Smt. SAHANA AHMED BASU, Member,

Complainant’s case, in brief, is that being allured to the representation of OPs complainants took OPs.’ club membership bearing No. CVKK1GCLUB10LB248921 by depositing Rs.1,85,000/- through his Debit Card and cash on 13/02/2018. Upon perusal of the Agreement  complainants were shocked and appalled to find that the facilities and services to be provided by the OPs according to the agreement in Holiday Benefits was in stark contrary to the ones promised by the OP2. Realizing the blunder, the complainant sent an email on 16/02/2018 as well as a speed post dated 1702/2018 to the OPs requesting to cancel the membership and refund the deposited amount as per their Cool Off policy which was duly received by the Registered Office of the OPs and also a copy of the same was served upon the OP1 on 21/02/2018 which was also duly received and acknowledgement was endorsed by hand by the OP1. But OPs willfully neglected to refund the hard earn money of the complainants even after expiry of 120 days.  As per Clause 34 ofthe sale agreement OPs have to refund the deposited amount after deducting Rs.3,800/- , but they failed to fulfil their commitment. Therefore, the complainant compelled to issue two notices dated 14/11/2018 and 03/12/2018 which were acknowledged by the OPs. But Ops ignored refund the deposited amount.  Thereafter the complainants lodged a complaint against the OPs before CA & FBP, Salt Lake on 05/12/2018 and tripartite meeting was fixed on 22/04/2019 by the CA & FBP at 2P.M. at their office which was attended by both the parties. But the OPs did not agree to provide the written assurance anddefinite time line for refund the deposited money. Thus the mediation process failed. Thereafter on 08/06/2019 the complainant received an email from the Ops asking for an amount of Rs.24,465/- as yearly charge .Therefore finding no other alternatives the complainants approached before this Commission praying for relief/reliefs.

The instant consumer complaint is contested by the OPs by filing WV contending inter alia that the complainants have deliberately suppressed and concealed various facts related to membership Agreement as well as efforts made by the OPs to resolve all such issues arising out of it and it does not disclose any deficiency in service. The case of the OPs is that understanding the benefits and after satisfaction complainants decided to purchase the Membership for Rs.1,85,000/- and deposited the amount with full knowledge. The mail from the complainants evoking the “Cool Off” clause of the agreement was received and duly responded by the OPs.Rather in the month of September 2018 the complainants were contacted by the Customer Service Dept. of the OPs over telephone to collect the cheque for refund of their membership amount from the Topsiaoffice of the OPs, the same was denied by the complainant as they were adamant in their extortion ways of gaining out more money from the OPs wrongfully and the complainant never visited the said office of the OPs. As such, OPs have prayed for dismissal of the instant consumer complaint.

Ld. Advocate for the complainants has advanced the case by adducing relevant evidences and documents. Per contra, OPs did not rely upon any documents. We have gone through all the evidences and documents on record and gave a thoughtful consideration to the entire fact.

It is admitted fact that complainant has purchased Membership bearing No. CVKK1GCLUB10LB248921 from OPs against payment of Rs.1,85,000/- on 13/02/2018. Complainant alleged that after purchasing the said Membership they applied for Cool Off as per sale agreement of OPs and requested to refund deposited amount on 16/02/2018 vide email and sent a letter through speed post on 17/02/2018. Thereafter the complainants issued two notices on 14/11/20181 and 03/12/2018 to the OPs.  Ld. Advocate for the complainant argued that despite receiving the said email, letter and notices, OPs did not turn up.  Photocopies of the said email, letterand notices furnished by the complainant support this contention.It is also the case of the complainants that OPs denied to provide written assurance and a definite timeline in respect of refund of the deposited amount of the complainant before the CA & FBP, Salt Lake R.O. on 22/04/2019. Photocopy of the said proceedings dated 29/04/2019 issued by the Assistant Director of CA &FBP , Salt Lake R.O. to the Complainant No.2  reveals that:

Apropos, it is to inform you that the efforts of this office to redress your complaint through the process of mediation were not successful due to difference in opinion between you and your opposite party. In this connection it is to be noted that the representative of your opposite party stated that they would refund the money in question. But the representative of the opposite party neither agreed to submit their statement in writing nor he provided any definite deadline for the refund. Hence no solid basis for arriving at a satisfactory redressal of the consumer grievance could be provided by the opposite party.  As a complainant you too were not ready to accept such verbal assurance from the opposite party.

Thus the OPs have failed to refund the said deposited amount till date.

On the other hand, OPs did not furnish any document regarding the said agreement on negotiation with the complainants. Ld. Advocate for the OPs denied the allegations made in the complaint petition and alleged that in the month of September 2019 the complainants were contacted by the Customer Service Office of the OPs over telephone to inform that a cheque amounting the said refund has been received by them from the HO and the complainants need to visit the Topsia office of the OPs to collect such repayment. But the complainants had denied to accept the repayment. In reality, we could not find any piece of documents in the entire case record which can support such offer of the OPs. Thus, we cannot but to decline with the aforesaid submission of the OPs.It is further submitted by the OPs that they will file supporting evidential documents as Exhibits during the appropriate stages of the case to prove their transparency. But the OPs failed to furnish any piece of evidence in support of such contention. As such, the case of transparency, aforesaid, could not be established by the OPs.

In this context, we are of the opinion that the gesture of the OPs by violating the  terms and conditions  of the Sale Agreement and failing to refund  the deposited sum, is surely falls under negligence in service and unfair trade practice on the part of the OPs.

Therefore, complainants are entitled to get relief or reliefs as prayed for.

In result, the case merit succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest against the OPs with cost of Rs.10,000/.

OPs arejointly and severally directed to refund Rs.1,81,200/-  (185000 – 3800 = 181200) to the complainant along with litigation cost within 30 days from the date of this order.

OPs are alsojointly and severally directed to pay Rs.20,000/- to the complainants as compensation for causing harassment, mental pain and agony within stipulated period.

Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.