Order No. 20 dt. 05/07/2017
The case of the complainants in brief is that in the month of Feb.2012 the complainants received phone call from o.ps. with an information that they have been selected for gift voucher awarded by o.ps. through a lucky winner and o.ps. further advised the complainants to join the meeting to collect gift voucher and also asked the complainants to bring blank cheque for making payment of some nominal charges for several benefits. On the basis of the said fact the complainants visited the office of o.ps. to collect the gift voucher. A meeting was held and the complainants were given lucrative offers regarding the sophisticated hospitality arrangement of o.p. company for accommodation in five star hotel, spa, gym, riding, etc. facilities free of cost during the period of travelling throughout India. The complainants were asked to take the membership by paying an amount of rs.60,000/-. The complainants did not agree with the offers but the representative of the company detained the complainants and swiped away Rs.60,000/- from the account of the complainants. Thereafter the complainants were asked to pay the balance amount of Rs.1 lakh and threatened that if the balance amount was not paid the amount which has already taken away will be forfeited and the complainants were forced to sign some blank papers and agreement copy to that effect. The complainants thereafter tried to hire the services of o.ps. but o.ps. failed to give any service to the complainants. On the basis of the said fact the complainants filed this case praying for direction upon the o.ps. to refund of the amount of Rs.60,000/- as well as compensation of Rs.30,000/- and litigation cost of Rs.3000/-.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that o.ps. never asked the complainants to carry blank cheque with them. It was admitted by o.ps. that they made contact with the complainants over phone and the complainants also went to the office of o.ps. and accordingly o.ps. explained the different membership schemes. The complainants were informed regarding the facilities to be enjoyed by the complainants after becoming the member. After knowing the entire fact the complainants agreed voluntarily and took the membership spontaneously. The complainants failed to pay the subscription, therefore the services as sought for by the complainants could not be provided. It was also stated that o.ps. were never approached by the complainants for any service. The complainants by manufacturing the false allegations against the o.ps. filed this case and there was no deficiency in service on the part of o.ps. and thereby o.ps. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainants were approached by o.ps. for becoming the member of the club of o.ps.?
- Whether the complainants paid the amount of Rs.60,000/- to o.ps.?
- Whether the complainants were allured by o.ps. for providing different facilities?
- Whether there was any deficiency in service on the part of o.ps.?
- Whether the complainants will be entitled to get the 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.
Ld. lawyer for the complainant argued that the complainants on being approached by o.ps. over phone that they have been selected for winning the prize and in order to collect the prize the complainants were asked to remain present in their office to collect the prize and they were also asked to come with blank cheque. At the meeting hall the complainants were allured by o.ps. and promised to provide them certain facilities at different places in India. Being allured those facilities the complainants though were not agreed to take the membership of o.ps. but they were forced to sign on some documents and were asked to pay further amount of Rs.1 lakh. The complainants after coming to know of the facilities to be provided by o.ps. as assured by them made approach to o.ps. on different occasions to provide the services, but no service was provided. The complainants thereafter realized that they were deceived by o.ps. and demanded the amount paid by him, but o.ps. refused to pay the said amount. In view of the said fact the complainants filed this case praying for refund of the amount of Rs.60,000/- along with other reliefs.
Ld. lawyer for the o.ps. argued that it is true that the complainants were contacted by o.ps. over phone. After visiting by the complainants in the office of o.ps. they were clearly explained regarding the facilities can be enjoyed by the member of the club of o.ps. On being satisfied with the services to be provided to the complainants, the complainants agreed to enter into the contract for becoming the member of o.p. club. The complainants never approached any services from o.ps. In order to manufacture a case false allegations were labeled against the o.ps. and accordingly ld. lawyer for o.ps. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainants were first approached by o.ps. over phone with the enticement of providing prize to them since they were selected in lucky draw winner completion. It is also an admitted fact that the complainants were invited in their office to collect the prize. It is usual custom of o.ps. to entice the public by making false promise that they will be provided with the prize and asked them to come to their office. While the parties visited the office of o.ps. they are allured with the various facilities including providing free accommodation, subsidized rate of hotel charges and other benefits. Generally after hearing of these facilities and being approached by o.ps. to take the membership o.ps. asked the parties to sign on some documents and also pay the cheque and the cheque is encashed within a shortwhile so that the parties cannot change their mind subsequently. In such manner they deceive the parties. Here in this case same thing happened. There are lots of cases pending before this Forum and other Fora also making same allegations against the o.ps. and o.ps. take the same plea that the parties generally after going though the terms and conditions of the agreement put their signatures and since the agreement itself is binding upon the parties and therefore no allegation can be entertained by the parties against the o.ps. The complainants were allured in such manner as has been described in the petition of complaint as well as in the evidence. It was beyond the scope of the complainants to understand that they are going to be deceived by o.ps. The o.ps. generally make target to the senior citizens whenever visited shopping malls, big cinema halls, etc. where they lay trap upon the public and make false promises and entice the parties in such manner. It is also found from the materials on record that the complainants were allured and they were misled by o.ps. and took the money and afterwards no facility was provided, whenever they lodged protest the same was not entertained, thereby the complainants had no other alternative but to file this case before this Forum praying for reliefs. In view of such facts and circumstances of the case we hold that o.ps. are in the habit of making such false assurance to the members and accordingly we hold that the complainants will be entitled to get the relief as prayed for as there was deficiency in service on the part of o.ps. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.136/2015 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to pay a sum of Rs.60,000/- (Rupees sixty thousand) only to the complainant along with compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three 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.
