- Srinath Pal,
- Ratna Pal,
Both are at 20, Radha Madhab Saha Lane,
Kolkata-20, P.S. Girish Park. _________ Complainants
____Versus____
- Country Vacations
(A Division of Country Club India Ltd.)
86B/2, 1st Floor, Gajraj Chamber, Topsia Road,
P.S. Topsia, Kolkata-46.
- The Director, Country Vacations
(A Division of Country Club India Ltd.)
Amrutha Castle, 5-9-16, Saifabad,
Opposite Secretariat, Hyderabad-500063. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 14 Dated 29-09-2015.
The case of the complainants in short is that the daughter of the complainant was informed over telephone by o.ps. that she has won a prize and to get the same the daughter of the complainant has to come and meet with the representative of o.ps. along with her parents and accordingly the complainants went to meet to the representative of o.ps. on 31.8.11.
After reach at the place o.ps. handed over a glass bowl set which is very minimum price and thereafter o.ps. started their business promotion which was previously not informed by o.ps. to the complainants and o.ps. offered for getting CCIL membership for availing the club facility as well as accommodation facility at resorts on vocational tour at different places in India and abroad and the CCIL representative further informed that the complainant has just 90 minutes time for availing of the offer of membership as a consequences the complainants were literally given no time to either think over the offer, or go through the terms and conditions of the membership agreement in detail and were almost forced by the CCIL representative to sign the contract and after signing of the contract o.ps. demanded the amount of Rs.60,000/- to the complainants.
On the spot the complainants were not at all ready with the money so the complainants were unable to pay the said amount of Rs.60,000/-. Complainants paid the amount of Rs.35,000/- to o.ps. by an account payee cheque and rest of the amount was paid thereafter through the credit card of complainant no.1 by way of MIS and as such, complainants paid the entire amount of Rs.60,000/- to o.ps. which o.ps. duly acknowledged the same and issued the money receipt to complainants.
After expiry of long period of time o.ps. failed and neglected to issue any membership card to the complainants and when the complainants contacted with o.ps. then no positive reply has been come up by them to satisfy the complainants.
Complainants were decided to conduct a pleasant trip at Bangalore in the month of May 2012 and accordingly complainants arranged the reservation tickets of train on 8.2.12 which was scheduled to departure on 6.5.12 through Duranto Express and as per the terms of the agreement complainants contacted with o.ps. before about 4 months to get the hotel booking at Bangalore but till 9.4.12 complainants have not get any confirmation from o.ps. regarding hotel booking though the schedule of journey was fixed on 6.5.12 and complainants issued an e-mail reminder to o.ps. stating their commission of illegality on 9.4.12 but no reply was even been issued by o.ps. and as such, complainants were having no other alternative compelled to cancel the reserved train tickets on 13.4.12 and sustained the monitory loss.
Thereafter several communications were done by and between complainants and o.ps. but no effective result cropped up.
Decision with reasons:
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
It appears from the record that complainants duly signed the contract with their consent at the office of o.p. where complainants were invited for a demonstration of the company’s resorts and spas and club and their membership. Being impressed by the venues and resorts and being satisfied completely with the norms, rules, terms and conditions of the said company, complainants willfully signed the said Country Vacations International Holiday Club Membership purchased agreement with the said company on 31.8.11 for a total purchase price of Rs.60,000/-.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that on the spot the complainants were not at all ready with the money so the complainants were unable to pay the said amount of Rs.60,000/-. Complainants paid the amount of Rs.35,000/- to o.ps. by an account payee cheque and rest of the amount was paid thereafter through the credit card of complainant no.1 by way of MIS and as such, complainants paid the entire amount of Rs.60,000/- to o.ps. which o.ps. duly acknowledged the same and issued the money receipt to complainants. After expiry of long period of time o.ps. failed and neglected to issue any membership card to the complainants and when the complainants contacted with o.ps. then no positive reply has been come up by them to satisfy the complainants. Complainants were decided to conduct a pleasant trip at Bangalore in the month of May 2012 and accordingly complainants arranged the reservation tickets of train on 8.2.12 which was scheduled to departure on 6.5.12 through Duranto Express and as per the terms of the agreement complainants contacted with o.ps. before about 4 months to get the hotel booking at Bangalore but till 9.4.12 complainants have not get any confirmation from o.ps. regarding hotel booking though the schedule of journey was fixed on 6.5.12 and complainants issued an e-mail reminder to o.ps. stating their commission of illegality on 9.4.12 but no reply was even been issued by o.ps. and as such, complainants were having no other alternative compelled to cancel the reserved train tickets on 13.4.12 and sustained the monitory loss.
In view of the findings above and on perusal of the entire materials on record, we find and hold that complainants have been able to substantiate and prove their case as there is deficiency in service on the part of o.ps. and complainants are entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to refund a sum of Rs.60,000/- (Rupees sixty thousand) only towards the amount paid by them to o.ps. and are further directed to pay to the complainants compensation of Rs.70,000/- (Rupees seventy thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
