- Krishna Kumar Agarwal,
- Rajesh Saraf,
Both residing at AE-4/13, Jyangra,
Raghunathpur, Kolkata-59. _______ Complainant
___Versus___
- Country Vacations, a Division of
Country Club (India) Ltd.,
- Country Vacations International Holiday Club,
Both 1 & 2 having its office at
86B/2, 1st Floor, Gajraj Chambers,
Park Circus Connector, Topsia Road, Kolkata-46.
- Country Club (India) Ltd.,
8, Hochiminn Sarani, P.S. Shakespeare Sarani,
Harrington Mansion, 4th Floor, Room No.29, Kolkata-71. _________Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 26 Dated 28-01-2014.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that after being selected by way of lucky draw the complainants were asked to visit the office of o.p. no.1 as the address mentioned in the cause title. Complainants made a visit to the office of o.p. no.1 at Gajraj Chambers, Park Circus Connector and the complainants were made aware about the facilities and privileges which the complainants would get and/or receive after becoming members of o.ps.
We further find that o.ps. tall promises, way of talking about the facilities that would be provided to the complainants once they become members of o.ps. allowed and/or induced the complainants to apply for the membership of o.ps. Complainants further state that complainants were handed over an application form in the office of o.p. nos.1 and 2 and the same was filled up in the office and the same as accordingly filed with o.ps.
Complainants made payment of Rs.1,25,000/- vide one cheque amounting to Rs.15,000/- and the balance of Rs.1,10,000/- vide credit card to o.ps. towards membership fees upon valid receipts issued by o.p. no.1. Complainants further states that o.p. no.1 by its letter dt.8.9.08 confirmed the complainants about its membership. Complainants were totally unaware about the hidden motive of o.ps. to cheat the complainants.
Complainants finding the intentions of o.ps. false and ingenuine the complainants wrote a letter dt.23.11.08 and got the same personally delivered at the office of o.p. nos.1 and 2 thereby requesting them for cancellation of the membership. Complainants state that finding no option left the complainants caused a detailed notice dt.25.109 issued upon o.ps. and the same was also personally delivered at the office of o.p. nos.1 and 2.
Complainants state that I the aforesaid notice dt.25.1.09 the complainants categorically mentioned the reasons for cancellation of membership, non service by o.ps., vague and false commitments of o.ps. etc. as the primary factors. Complainants waited for quite sometime with a hope that o.p. no.1 would shortly contact them but this time also good feelings of the complainants were short lived as o.p. no.1 did not contact the complainants at all. Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. nos.1 and 2 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. O.p. no.3 did not contest the case by filing w/v and as such, matter was heard ex parte against o.p. no.3.
Decision with reasons:
In view of the findings above and on perusal of the entire materials on record we find that complainants have proved their case and entitled to relief since o.ps. had sufficient deficiencies on their part being service providers to their consumer / complainant.
Hence, ordered,
That the case is allowed on contest against o.p. nos.1 and 2 and ex parte against o.p. no.3 with cost. O.ps. are jointly and/or severally directed to pay a sum of Rs.1,25,000/- (Rupees one lakh twenty five thousand) only the amount paid by complainant and are further directed to pay to the complainant compensation of Rs.75,000/- (Rupees seventy five thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 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.
