Smt. Shampa Ghosh, Hon’ble Member:-

The case is filed by Ms. Rama Paria W/o. Souptik Paria and Mr. Souptik Paria S/o. Kanak Kanti Paria both residing at Subuddhipur, Arup Bhadra Sarani, Near Kalyan Sangha, P.O. & P.S. – Baruipur, District – South 24 Parganas, Kolkata 700 144,  against Country Vacations (A Division of Country Club Hospitality and Holidays Limited) and Division of Country Club India Limited Amrupha Castle, 5-9-16 Saifabad, Opposite Secretariat, Hyderabad, 500 063 and also at Country Club, Kool Building, 6-3-1219 Begumpet, Hyderabad-500 016 and also at 86, B/2, 4^th Floor, Gojrat Chamber, Park Circus Connector, Tapsia Road, Kolkata – 700 046.

The case of the complainants in brief is that on 04.08.2018 one official of the Opposite Party Country Vacation India Ltd. called the complainants and informed them over phone that they were selected as lucky draw winner for some gifts as they were filled up one coupon at a shopping mall of Kolkata, and they were requested to go to the office of Country Vacation India Ltd. which is situated at Salt Lake, Section – I, 3^rd Floor, Block-C, Shop No.-303, Kolkata, West Bengal, on that day afternoon to collect their gift.  As per requests the complaints went to the above mentioned address and collected their gift on 04.08.2018.  Thereafter the takeover manager and official member discussed with the complainants above the various packages and convinced them for 5 years vacations (Blue) membership with hotel tour and travel services.  On 04.08.2018, a sell agreement was executed between the OP and the complainants membership No. CVKK37V5LB255223, Application No.18, Sl. No.8251, Membership No.DT127#2187 (Annexure-B) the total price of the package was Rs.80,500/- only and the complainants paid a sum of Rs.25,200/- towards the membership to the OP through Credit Card of HDFC Bank and the transaction being No.7255106359 and the OP received the said amount against the Membership No. CVKK37V5LB255223.  Complainants stated that no opportunity was given to them to go through the agreement while making the said sale agreement. After returning home the complainants read carefully, the sale agreement and found that the terms and conditions, benefits, services, charges etc. are organically deviated from the terms and conditions, which was informed by the official member of the Country Vacation. Thereafter, the complainants would like to discontinue the agreement wherein the Cool off period mentioned in the said agreement and sent a letter as well as mail to the OP on 09.08.2018 and requested to refund the deposited amount.   The Op acknowledged the same by sending e.mail on 12.08.2018.  On 28.08.2018, OP sent a mail to the complainants that as per agreement nominal charges of Rs.3,800/- will be deducted and remaining amount will be refunded within 120 working days from the date of invoking cool of period.  Thereafter, the complainants sent letters and also sent so many emails on various occasions to the OP to discontinue the said agreement and for refund the said amount of Rs.25,200/-.  But they have not yet refunded amount till date.  On 21.11.2020 the complainants sent a legal notice to the OP.  Finding no other alternative, the complainants filed the instant complaint case before the Commission with a prayer to return Rs.25,200/- to the complainants which the complainants paid, with interest and Rs.1,00,000/- for compensation to the complainants for deficiency of harassment, mental agony etc. and litigation cost of Rs.10,000/- . 

OP contested the same by filing W/V contending inter allia that the claims of the complainants are baseless.  Op stated that there is no deficiency of services on the part of the OP.  OP denies each and every allegation made against them.  The present complaint is not maintainable against the OP.  The complainants have deliberately suppressed and concealed various material facts related to the membership agreement and as such the present complaint is liable to be dismissed with cost.  No cause of action has ever arisen against the OP.  OP states that the membership fee is not a deposit and was non-refundable under any circumstances thus the OP is not obliged to refund membership fee towards the services opted by the complainants.  It is therefore submitted to the complainants has no right to ask for refund of the membership fee.  OP also stated that the complainants voluntarily entered into the membership agreement with full knowledge and understanding and it is an afterthought that the complainants are asking for the refund without any valid reason.  The OPs are providing all concerned facilities to its members subject to the compliance of all terms and conditions and full payment of the membership fees and it is up to the complainant to utilize the facilities.  Therefore, the complainants miserably failed to prove any deficiency in service on the part of the OP.  Hence, the complaint case is liable to be dismissed.  OP also stated that Hon’ble Commission does not have jurisdiction to adjudicate the present complaint.  OP prays that this complaint may be dismissed with heavy cost.

Heard the arguments of both parties on the basis of evidence, affidavit, documents and arguments and the following points are necessary for consideration. 

Points for consideration :-

1. Are the complainants  consumers?
2. Is the OP guilty of deficiency in service and unfair trade practice?
3. Are the complainants entitled to get relief as prayed for?

Decisions with reasons :-

Points No.1 :-

On perusal of the records along with the copies of documents, it appears that the complainants paid Rs.25,200/- towards the membership of country vacations (a Division of Country Club Hospitality and Holidays Ltd.) being Membership No. CVKK37V5LB255223 and the OP acknowledged the receipt. Therefore, the complainants are consumers as defined U/S 2(7) of the consumer Protection Act, 2019.

As such, the 1^st point is decided in favour of the complainants and against the OP.

Points No.2 & 3 :-

Both points are taken up together for the sake of convenience and as they are interlinked. On 04.08.2018 a sale agreement was executed between the complainants and the OP vide Application no.18, Sl. No.8 251, Membership No. No.DT127#2187 and the complainants paid a sum of Rs.25,200/- through credit card of HDFC Bank and transaction being No.7255106359 for Rs.25,200/- was successfully made.  OP called the complainants over phone and informed that they were selected as a lucky draw winner for some gifts as they were filled up one coupon at a shopping mall of Kolkata and they were requested to go the Office of the Country Vacations India Ltd. , Salt Lake, Kolkata.  On 04.08.2018 complainants went to the above mentioned office as aforesaid officials discussed about the various packages etc. and the OP convinced the complainants to enter into an agreement, and the complainants had entered into the agreement with the OP for 5 years membership with hotel, tour and travel services.  The OP did not give them any time to read the contents of the agreements.  The complainants trusted them and paid the said amount Rs.25,200/-.  But after receiving the agreement, the complainants came to know that the terms and conditions and benefits, services, charges etc. are originally deviated from the terms and conditions, service charge which was informed by the officials.  That on 09.08.2018 the complaints sent a letter as well as e.mail to the OP to discontinue the said agreement and for invoking the cooling period and to refund the deposited amount of Rs.25,200/-.  OP informed the complainants on 28.08.2018 that they forwarded the refund requests to concern departments and as per the said agreement nominal changes of Rs.3,800/- will be deducted and the remaining amount will be refunded within 120 working days.  But till today the complainants have not received any refund.  OP stated in his written version that membership fee was non-refundable under any circumstances, but the sale agreement which were prepared by the OP (Annexure-B), it is clearly stated in the terms and conditions that there shall be a cool of period of 10 days from the date of signing of the agreement wherein member can discontinue the agreement by paying a nominal administration charges of Rs.3,800/- to the company. So, it appears that the complainants have failed to get services from the OP.   It is clear from the averments of the complainants that the OP has deficiency in service and unfair trade practice and as such the complainants are also entitled to get relief as prayed for. 

Thus the Point 2 & 3 are also decided in favour of the complainants and against the OP.

In the result, the complaint case succeeds.

Court fees paid is correct.

Hence, it is,

                                                                                      ORDERED

That the instant complaint case be and the same is hereby allowed on contest against the OP with cost of Rs.5,000/- (Rupees Five Thousand) only.

The OP is also directed to refund Rs.21,400/- (Rs.25,200/- - Rs.3,800/-) Rupees Twenty One Thousand Four Hundred) after deducting Rs.3,800/- out of the amount paid by the complainants and simple interest @9% per annum from the date of agreement (04.08.2018) till the date of final realization, within the 45 days from the date of passing this order.

Litigation cost of Rs.5,000/- is to be paid by the OP within 45 days from the date of passing this order.

That the complainants are at liberty to put the order into execution after the expiry of 45 days in case the orders are not complied with by the OP within 45 days from the date of passing this order. 

Let a copy of this order be supplied free of cost to the parties concerned.

That the final order will be available in the following website:www.confonet.nic.in.

Dictated and corrected by me.

      Shampa Ghosh

           Member