Order No. 16 dt. 23/08/2017
The case of the complainant in brief is that the complainant and his wife entered into an agreement on 10.05.2015 with country vacation, a division of M/s Country Club India Ltd to avail vacation benefits (short term, periodic in every year and specific scheduled programme) at CCIL’s affiliated property of hospitality/resort with a consideration of Rs.1,50,000/- as product price. Complainant had also been motivated to avail the opportunity of Club membership with the promise of reward. A team of the o.p. promised the complainant to have a trip to Bangkok/Dubai as a complementary one. Accordingly complainant paid Rs.1,00,000/- by ATM, Rs.10,000/- in cash and Rs 40,000/- in cheque on 10.01.2015. Incidentally, complainant came to know the fraudulent business practice of the company on the very next day i.e. on 11.07.2015.and they, somehow, managed to cancel the cheque of Rs 40,000/-. On 15.01.2015 complainant apprised their unwillingness to go with the Country Club India Ltd according to the agreement dated 10.01.2015 and also visited the office of the o.p. on 16.01.2015 for refund of the deposited money of Rs.1,10,000/- O.P summarily rejected the new proposal of refunding their money. Complainant being dissatisfied with the subsequent action of the o.p. regarding refund of money they already deposited for membership and vacation trip took shelter of section-12 of C.P.Act, 1986 seeking direction for return of Rs1,10,000/- along with interest, and compensation of Rs50,000/- for harassment & mental agony and litigation cost of Rs5,000/-.
O.p appeared before this Forum and contested the case by filing written version. In their w/v o.p denied all material allegations. Complainant entered into an agreement with the o.ps after going through the terms and conditions of the said agreement and put signature there on without any coercion. Identity cards were issued with receipt. Hence, the allegation of cheating/UTP had no base at all. Complainant did not make any attempt to avail the benefits to be provided in the agreement dated 10.01.2015 and therefore the allegation of deficiency in service/UTP was the afterthought of the complainant, which deserved to be dismissed with exemplary cost.
On the basis of the pleading of the parties the following points are to be decided :
- Whether there was any deficiency in service o the part of the o.p.
- Whether the complainant will be entitled to get any relief as prayed for.
Decision with reasons
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Considering the submission of the respective parties and for the series of cases filed against the o.p. it is found that the same allegations have been leveled against the o.p. that they camouflaged the parties by offering different places with allurement of providing accommodation without payment of any charges . O.p. also forced the parties to sign the agreement by creating such an atmosphere that if the membership is not accepted immediately in that event all the offers to be provided by the o.p. could not be availed of by the parties. O.p. allured the complainants that they would enjoy the hassle free benefits offered in the agreement.
Complainant paid Rs.1,10,000/- on 10.01.2015. Being apprised of the fraudulent practice of the company complainant informed their unwillingness to the agreement dated 10.01.2015 and submitted letter regarding refund of money they already deposited for membership and vacation trip. Being frustrated by the activities of the o.p. and finding no other alternative complainants had to file the instant case. Therefore, we hold that there was unfair trade practice on the part of the o.p. and the complainants will be entitled to get relief.
Hence, ordered
That the case no.92/2015 is allowed on contest with cost.
O.ps are directed to refund of Rs.1,10,000/- (Rupees one lakh ten thousand) only to the complainant along with compensation of Rs.20,000/- (Rupees twenty thousand) only and litigation cost of Rs.3,000/-. O.ps are also directed to pay the aforesaid amount 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.
