Several communications were also made through e-mails by the complainants with the O. Ps. to discontinue membership. Not getting any positive response, the complainants sent another letter on 24/4/2019 to discontinue the membership. Then, the Officer of the O. Ps. admitted the fact of receiving the letter and e-mails, and assured the Complainants through several e-mails to refund the said amount as per agreement dated 15/4/2019.
Again, the complainants sent a notice through an advocate on 06/8/2020 to the O. Ps. to refund the paid amount. But the O. Ps. did not reply and pay any heed to the anxiety, tension, and mental agony. As per statement, till the date of filing this instant case, the complainants did not get back the refundable amount.
Thereafter the complainants finding no other alternative, filed the complaint case being no-C.C.no.- 22/2021 before this Ld. Commission for proper adjudication and sought for the following relieves;
- To issue an order to the opposite parties to refund the paid amount Rs. 70,200=00 only with 18% interest.
- To issue an order to the opposite parties to pay compensation amount to the tune of Rs.1,00, 000=00 only for each complainant for deficiency of service and unfair trade practice ;
- To issue an order to the opposite parties to pay a sum of Rs. 30,000=00 only as cost of litigation;
- To issue any other order to the opposite parties as the Hon`ble Commission may deem fit.
After receiving the complaint petition, the Ld. Commission sent show cause notices to the O.Ps. and the O.Ps. received the notice on 19/4//2020. The O. Ps. appeared and filed their written version on 17/11/2021 before the Ld. Commission.
In their reply, the opposite parties have stated that this instant case is not maintainable; and they have denied each and every allegation mentioned in the complaint petition. It is also stated by the O. Ps. that there is no cause of action and hence it is liable to be dismissed. The opposite parties have also stated that there are some exclusive benefits for its members to enjoy and who becomes a member, can enjoy the benefits only. After becoming a member by paying fees, fees are not refundable in any circumstances.
The O. Ps. also have pointed out that this Ld. Commission does not have any jurisdiction to adjudicate the instant case. So the instant case must be dismissed and there is no question of deficiency of service/unfair trade practice.
Upon the averments of the complaint petition and written version etc , of both sides the following points are formulated:-
POINTS FOR DETERMINATION.
1]. Are the complainant ‘Consumer’?
2] Are the O. Ps. guilty of deficiency of services and unfair trade practice as alleged by the complainants?
3] Are the complainants entitled to get relief /relieves as prayed for?
EVIDENCES/BNA OF THE COMPLAINANTS/O.Ps.
The complainants filed a petition on 15/12/2021 to treat their complaint petition as evidence on affidavit, the prayer was allowed and they also filed BNA on 20/7/ 2022. The O. Ps. filed their evidence on affidavit on 24/01/2022 but they did not file BNA.
DECICIONS WITH REASONS.
The complainants paid an amount of Rs. 70,200=00 only to the opposite parties on 15/4/2019 through HDFC Bank Credit Card no- 489377xxxxxx6985 to be a member of COUNTRY VACATIONS DIVISION, and an Agreement was signed on the same day called as ‘Millionaire Club Premium Package Sale Agreement’ between the complainants and Mr. Jasimmudin Mondal on behalf of the O. Ps. at 123, Rashbehari Connector, Bose Pukur/ Kasba. Opposite to Nilachal Appartment, Kolkata-700078.The payment has been admitted by the O. Ps. clearly.
Therefore, there is no doubt that the complainants are ‘Consumer’ under definition of Section 2 (7) of the Consumer Protection Act 2019 and the O. Ps. are service provider.
In relation to point for determination no. 2 ‘’Are the O. Ps. guilty of deficiency of services and unfair trade practice as alleged by the complainants?”,- it is very much worthy to mention that due to some unavoidable circumstances like death of their mother and financial hardship, the complainants then took decision and informed the opposite parties on 18/4/2019 by sending a letter under speed post to discontinue the membership. It is notable that the date 18/4/2019 was within a ‘cool off’ period as per para 27 of the ‘Millionaire Club Premium Package Sale’ which states “ there shall be a cool off period of 10 days from the date of signing this agreement wherein member can discontinue the Agreement by paying a nominal administration charges of Rs. 3,800/- to the company. After deduction of the aforesaid amount Rs. 3,800/- only remaining amount would be refunded to the member within 120 working days from 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, 4th floor, Asian Building, Begumpet, Hyderabad- 500016 through registered speed post or an e-mail to Accordingly, the complainants sent a letter to the O. Ps. on 18/4/2019 to discontinue the membership and this date is within the period of ‘cooling off’. Several communications were also made through e-mails by the complainants with the O. Ps. to discontinue membership. Not getting any positive response, the complainants sent another letter on 24/4/2019 to discontinue the membership. But the O. Ps. did not refund the paid amount [Rs 70,200/ - nominal administration charges Rs. 3800/] Rs 66, 400/ only as per Agreement. Ergo, deficiency of services and unfair trade practices have been occurred on behalf of the O. Ps.
In relation to point no. 3, it is pertinent to mention that the complainants had informed the opposite parties within ‘cooling off’ period to discontinue their membership and to refund Rs 66, 400/ only. But the O. Ps. did not refund the paid amount and pay any heed to the anxiety, tension, and physical harassment of the complainants. So the complainants are entitled to get the relieves as prayed for.
Hence, the O. Ps. are jointly/severally liable to pay to the complainants. Rs. 20,000 only as cost of litigation, Rs 50,000 only to the tune of compensation for harassment, mental agony and pain. The O. Ps. are also directed to refund jointly/severally to the complainants Rs 66,400/- only with 9% simple interest from the date of signing the ‘Millionaire Club Premium Package Sale Agreement’ w.e.f.,15/4/2019. All amounts of compensation, litigation cost and refundable amount shall be paid by the O.Ps. to the complainants within 30 days from the date of issuing this order, otherwise, the O. Ps. shall bear 7% simple interest upon the compensation amount from the date of issuing this order and till the date of realization.
In the result, the complaint case is succeeded.
Hence, it is
ORDERED
That the complaint case be and the same is hereby allowed on contest against the opposite parties with cost of Rs. 20,000=00 (twenty thousand) only.
The opposite parties are directed to pay jointly or severally to the complainants Rs. 50,000=00 (Rs. Fifty thousand) only as compensation amount for their deficiency of service occurred under Section 2(11) and unfair trade practice occurred under Section 2[47] of the Consumer Protection Act 2019 within 30 days from the date of passing this order otherwise, 7% p. a. simple interest upon compensation amount to be paid by the O. Ps. till realization from the date of issuing this Order.
The O. Ps. are also directed to refund jointly/severally to the complainants Rs 66,400/- only with 9% p. a. simple interest from the date of signing the ‘Millionaire Club Premium Package Sale Agreement’ w.e.f.,15/4/2019.
The Complainants are at liberty to submit an Execution Case against the O. Ps. before this Ld. Commission for non-compliance of the Order after expiry of 30 days.
Let copies of the order be supplied to all the parties concerned in either speed post /registered post free of cost as per rule.
The final order be also available in www.confonet.nic.in .
Dictated and Corrected by me.
( Shri Jagadish Chandra Barman)
(MEMBER)
