Order No. 14 dt. 29/08/2017
The fact of the case according to the complainant, in brief, is that complainant and her life partner, being puzzled with the disorientating tactics of the personnel of country vacation, a division of Country Club (I) Ltd, Gajraj Chamber, Topsia Road, Kolkata-700 046 at the fag end of the day i.e on 24.09.2014 at 9.30 P.M. surrendered themselves to their artifice by singing the form of agreement. Country vacation had been involved for persuading the customer fall to be prey into their net consistently from 22.09.2014 to 24.09.2014 through phone calls, invitation to participation for getting gift of a lottery as lucky winner, face to face interaction over the table among the group partners. Complainant had so many factors of refusing the offer such as different disease, ailments, recent cerebral attack and seniority of senior citizen but failed to stand on his own leg by surrendering themselves to their disorientating tactics by signing the offer . Complainant had no cash or cheque at that time but the o.p. smell out the credit card of the customer and managed to snatch Rs.80,000/- by using his credit card of Indusind Bank. But complainant no.2 due to his illness was unable to take part in any tour according to the advice of Dr Tapan Kr Sarker and therefore complainant-2 apprised the o.p.1 on 07.10.2014 about his inability to continue with the membership which was signed by the complainant under continuous pressure tactics. /- Complainant requested the op company to refund the money of Rs80,000/-. O.P summarily rejected the new proposal of refunding their money. Complainant being dissatisfied took shelter of section-12 of C.P.Act, 1986 seeking direction for return of Rs86,000/-which stands as on 17.02.15, and compensation of Rs1,00,000/- for harassment & mental agony and litigation cost of Rs10,000/-.
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 O.ps contested the case by submitting w/v and denied the allegation leveled against them. Ld lawyer of the o.p.1 argued that being impressed by the venues and resorts and after being completely satisfied with the norms, rules, terms and conditions of the said company, the complainants willfully and without any coercion or undue influence signed the said Country VACATUIONS International Holiday Club Membership purchase agreement with the said company on 24.09.2014 for a total purchase price of Rs.80,000/- and the same was fully paid by the complainant.
In response to the letter dated 07.10.2014. o.p.-1 has argued that complainant has taken 5 year vacation and lifetime club – Membership – cvkkq.CLUB5LB18435 (6 nights and 7 days vacation yearly) on 24.09.2014 against purchase price of Rs.80,000/- which is non-refundable under any circumstances as it is not a deposit.
Ld lawyer of o.p.3 and o.p.4 argued that all relevant details regarding the membership were clearly explained to the complainants during their presentation and only after understanding and agreeing to the same the said agreement dated 29.09.2014 was executed by them. It is further stated that opposite party has a very good reputation in providing a warm and sound hospitality and vacations to its members hence, such statement made by the complainants in this respect is incorrect, baseless, false, fabricated and made with a malafide intention to harm the reputation of the company. The o.p. further states that the letters of the complainant have been replied to by the o.p. wherein it is clearly stated that the said membership amount is non refundable but taking into consideration the health of the complainant no.2 the o.p. decided to continue the membership of the complainants for another one year. Further the option to sell out or transfer the said membership can also be availed by the complainant. Complainant did not opt for booking of any resorts/hotel available under the membership agreement dated 24.09.2014 at anytime hence, the allegations of deficiency of service and unfair trade practice does not arise. It is stated that the allegations made against the o.p. are baseless, false, fabricated, made in suppression of material facts and with a malafide intention in order to mislead this Ld. Court as such has no legs to stand and is liable to be dismissed in limini.
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 used to force 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.80,000/- on 24.09.2014. Being apprised of the fraudulent practice of the company complainant informed their unwillingness to the agreement due to their illness and submitted letter regarding refund of money they already deposited for membership and vacation trip. Complainant visited the local of Country Vacation India ltd 86B/2 Topsia Road,Kolkata-76 on 07.10.14 and requested the authorities not to proceed further with their membership and cancel the proposal because of poor health and unable undertake long journey after cerebral attack. Being frustrated with the pessimistic attitude 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. even with ill & old customer like the complainant and the complainants will be entitled to get relief.
Hence, ordered
That the case no.105/2015 is allowed on contest with cost.
O.ps are directed jointly and/or severally to refund of Rs.80,000/- (Rupees Eighty 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.
