FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, President
This is an application u/s.12 of the C.P. Act, 1986.
The brief facts of the case are that on 01.10.2018 the OP invited the complainants as regard the facilities and amenities of Club Membership. OP also allured other attractive facilities to the complainants to create their interest of Club Membership. Ultimately, complainants signed Club Membership Agreement against payment of Rs. 85,000/-. As per Membership Agreement, complainants were allowed 05 years vacations (Blue) membership being No. CVKK15LB257301. Complainants have alleged that there are several deviations between the verbal promise and the clause of the agreement dated 01.10.2018. Clause of the agreement are found in favour of the OP and being dissatisfied the complainants sent e-mail dated 03.10.2018 to the OP requesting to cancel their membership and refund the money on deduction of administrative charges of Rs. 3,800/-. OP confirmed to refund deposited money after deducting Rs. 3,800/- within 120 working days from the date of invoking cool off period. OP deliberately failed and neglected to refund the money despite several demand. There is deficiency in service and the attitude of the OP is tantamount to unfair trade practice. Hence, the complainants have filed the consumer complaint seeking relief fully mentioned in the prayer of the complaint petition.
OP despite service of notice of the complaint has failed to file Written Version within the limitation provided under section 13 (2) of the Consumer Protection Act, 1986. No request for condonation of delay or extension of time for filing Written Version is made. Therefore, right of the OP to file Written Version is closed.
Complainant No. 2 Shri Ritesh Chakrabroty has filed their evidence by away of affidavit supporting the allegations made in the complaint.
Ld. Advocate for the complainants has taken us through the consumer complaint as also the evidence adduced in support o the complaint. On perusal of the Sale Agreement dated 01.10.2018 issued by the Authorized Signatory of OP, it is clear that vide said agreement OP provided facilities to the complainants fully mentioned in the Club Membership Agreement dated 01.10.2018. It is also clear from money receipt that complainants paid Rs. 85,000/- to the OP against five years vacations (Blue) membership being No. CVKK1V5LB257301 of the Country Club. Complainants have categorically alleged in the complaint that on the following day vide e-mail they requested the to refund money after cancellation of Sale Agreement dated 01.10.2018. OP vide e-mail dated 10.10.2018 agreed to refund deposited amount within 120 working days from the date of invoking cool off period after deducting Rs. 3,800/- as administrative charges. The OP has failed to refund the amount after expiry of stipulated period. As the OP have opted not to file Written Version despite service of notice of complaint, the said allegation of the complainants are deemed to have been admitted as correct.
Clause -26 of the Sale Agreement dated 01.10.2018 deals with cool off period. The relevant clause is reproduced as under:-
“There shall be a cool off period of 10 days from the date of signing of this Agreement wherein member can discontinue the agreement by paying a normal administration charges of Rs. 3,800/- to the company. After deduction of the aforesaid amount (Rs. 3,800/-) remaining amount would be refunded to the member within 120 days from the date of invoking of cool off period. For invoking the cooling off period the member shall send a written communication to the country club, Central Customer Care 04th floor, Asian Building Begumpet, Hyderabad-500016 through registered speed post or an e-mail to centralcustmercare at the rate of country vacationsmail.com. After expiry of the aforesaid period, the entire membership fee is non refundable under any circumstances.”
On conjoint reading of the above noted clause-26, it is evident that there is a cool off period of 10 days from the date of signing of Sale Agreement and the member can discontinue the agreement by paying a nominal administrative charges of Rs. 3,800/- to the company. After deduction of Rs. 3,800/- remaining amount would be refunded to the member within 120 days from the date of invoking of cool off period.
Fact remains the Sale Agreement was executed on 01.10.2018 and cancellation request was sent on the following day i.e. within the cool off period. OP vide e-mail dated 10.10.2018 agreed to refund the membership amount after deducting Rs. 3,800/- within 120 working days from the date of invoking cool off period. OP did not fulfill their commitment as per Purchase Agreement. In absence of any explanation for failure to comply with Clause-26 of the Sale Agreement, we have no hesitation in concluding that the OP has committed deficiency in service as also has indulged in unfair trade practice. Thus, in our view, OP is liable to refund the money received from the complainants after deducting Rs. 3,800/- as administrative charges with interest at the rate of 7 percent per annum on the amount with effect from 01.10.2018.
In view of the discussion above, the consumer complaint is allowed with following directions:-
- The OP shall refund Rs. 81,200/- to the complainants within 60 days from today along with compensation of simple interest at the rate of 7 percent per annum from 01.10.2018 till the realization of the amount.
- OP shall pay a sum of Rs. 10,000/- as cost of litigation to the complainants within the stipulated period.
- With these directions the present consumer complaint stands disposed of.
Copy of the judgment be given to the complainants as per rules.
