Order dictated by:
Mr.Anoop Sharma, Presiding Member
1. Mrs.Ritu Kapoor has brought the instant complaint under section 12 & 13 of the Consumer Protection Act, 1986 on the allegations that complainant was approached by the opposite party, who persuaded the complainant and showed rosy picture about the vacation club plans where there would be lots of facilities to be provided to the proposed allottes including membership of any clubs all over India and abroad. The complainant booked one vacation plan which was for 30 years period on payment of Rs. 1.5 lac and made the payment of Rs. 1.25 lacs to the opposite party which includes complimentary holiday for Bangkok for 6 nights and 7 days and Dubai 2 nights and 3 days. However, the opposite party issued the complainant vacation membership for 10 years instead of 30 years and the free complimentary holiday tour of Bangkok & Dubai is also not given. The complainant was shocked to receive the telephonic communications from the opposite party which is contrary to the proposal made by the opposite party. The complainant then approached the opposite party but they refused to entertain the complainant on the ground that they have changed the plan and they cannot offer him 30 years vacation plan nor the tour of Bangkok and Dubai as earlier offered. The complainant has sought for the following reliefs vide instant complaint:-
- Opposite party be directed to refund Rs. 1,25,000/- alongwith interest @ 15% p.a. thereon from the date of payment till realization.
- Compensation of Rs. 1,00,000/- may also be awarded ;
- Opposite parties be also directed to pay adequate litigation expenses.
Hence, this complaint.
2. Opposite party did not opt to put in appearance despite due service, as such it was ordered to be proceeded against ex-parte. However at the later stage , opposite party appeared through Sh.Ashok Kalia,Adv. and he was allowed to join the proceedings at that stage.
3. In his bid to prove the case Sh.Deepinder Singh,Adv.counsel for the complainant tendered into evidence affidavit of the complainant Ex.C-1, copies of membership forms Ex.C-2 and C-3, copy of payment receipt Ex.C-4 and closed the evidence on behalf of the complainant.
4. On the other hand Sh.Ashok Kalia,Adv.counsel for the opposite party tendered into evidence duly sworn affidavit of Sh. Narsimha Reddy, Legal Officer Ex.OP1 and closed the evidence on behalf of the opposite party.
5. We have heard the ld.counsel for the parties and have carefully gone through the record on the file as well as written synopsis of arguments submitted on behalf of the opposite party.
6. Ld.counsel for the opposite party has vehemently contended that complainant had earlier purchased membership from the opposite party having a period of 30 years at a price of Rs. 1,75,000/- out of which she had paid Rs. 1,00,000/- and Rs. 75000/- was pending. It was the further case of the opposite party that due to some personal reasons, complainant wanted cancellation of that membership. However, it was mutually settled that complainant would take downgraded membership for Rs. 1,25,000/- for a period of 10 years. The complainant executed downgraded membership agreement titled as “Purchase Agreement for Club and Vacation Membership” dated 8.3.2015 vide which she purchased membership from the opposite party company having a membership period of 10 years on payment of Rs. 1,25,000/-. The said payment of Rs. 1,25,000/- was made towards vacation charges which were agreed to be non refundable and were not a deposit. The club membership was given free of cost alongwith vacation membership. As per the agreement, the complainant is entitled to club facilities and vacations for 6 nights and 7 days every year for 10 years and additional holiday.Accordingly, complainant was issued additional holiday for Bangkok within first year of membership . But the complainant did not avail the same till 8.3.2016 and as such the same have been expired.
7. But, however , from the appreciation of the facts and circumstances of the case, it becomes evident that the complainant entered into an agreement of Purchase agreement dated 8.3.2015 for Club and Vacation Membership. But when the complainant received the vacations agreement Ex.C-3, she came to know that the number of years is shown as 10 years instead of 30 years and the complimentary holiday tour of Bangkok & Dubai is also not given. The complainant then approached the opposite party but the opposite party refused to entertain the complaint of the complainant. In this regard complainant has produced on record vacations agreement Ex.C-3 showing the number of years as 10 years as well as document Ex.C-4 showing the membership amount in INR 1,25,000/- tenure of vacation membership as 30 years and club membership is life time. However, the opposite party did not adduce any evidence to rebut the evidence produced by the complainant. It is the case of the complainant that she was entitled for club membership for 30 years which includes complimentary holiday for Bangkok for 6 nights & 7 days and Dubai 2 nights and 3 days . But the opposite party issued the vacations agreement Ex.C-3 showing the number of years as 10 instead of 30 years.This shows that opposite party is deficient in service. Facts of the case in hand attract to the ratio of law laid down in Harsharan Singh Versus Country Club India Limited & others decided on 1.4.2015 by the Hon’ble State Commission, Chandigarh, wherein it has been held that complainant is entitled for the refund of Rs. 80000/- which he paid to the opposite parties alongwith interest @ 9% per annum which would cater for compensation on account of harassment and mental agony, suffered by him because of deficiency in rendering service, on the part of the opposite parties.”.
8. On account of unfair trade practice being carried out by the opposite party for not providing the facilities as agreed by opposite party to the complainant, the complainant has suffered a great mental pain, agony, harassment at the hands of the opposite party. Act & conduct of the opposite party amounts to gross negligence, carelessness , deficiency in service and unfair trade practice and the complainant is required to be compensated in accordance with law. In our considered view the complainant is entitled to refund of the total fee amount of Rs. 1,25,000 alongwith interest @ 9% p.a. from the date of order until full and final recovery. Cost of the litigation are assessed at Rs. 5000/-. Compliance of this order be made within a period of 30 days from the date of receipt of copy of order ; failing which, complainants shall be entitled to get the order executed through the indulgence of this Forum. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room.
Announced in Open Forum
Dated : 30.1.2017
/R/
