Order No. 13 dt. 11/04/2017
The case of the complainants in brief is that the complainants received an invitation call over phone and they were invited to participate in a presentation at Gajraj Chamber, Topsia Road to get a gift of lottery draw. The complainants did not give any importance but repeatedly several calls were given and out of curiosity the complainants attended the function and they say more couples were there in that presentation. Two ladies were present viz. Ayesha Ali and Khushnuma and they asked the complainants to become of member of Country Vacation a Division of Country Club by paying a lump sum amount of Rs.2 lakhs. Those representative of the company started selling about different benefits of membership like gym, spa, free pick and drop and sightseeing without any extra charge 30% - 50% discount of flight fare, if tickets booked through Country Vacations. The complainants were asked by Ayesha Ali to pay Rs.40,000/- by card and rest amount may be paid by monthly installments. The complainants were not given enough time to go through the agreement and asked them to sign the papers. Thereafter the complainants signed the papers. Immediately after the signing of the said papers the complainants were informed to pay the due amount of Rs.85,000/-. When the complainants informed that they were asked to pay the rest amount in monthly installments to which the complainants were offered 25% discount and asked the complainants to pay Rs.60,000/- instead of Rs.85,000/-. Accordingly the complainants paid two post dated cheques of Rs.10,000/- each. Subsequently the complainants came to learn from Anandabazar Patrika that the Country Vacation does not provide any accommodation to its members and there are many fraud cases lodged against the Country Vacation a Division of Country Club India Ltd. On the basis of the said the complainants asked the Country Vacation to refund the amount to which o.ps. refused to pay and accordingly the complainants had to file this case praying for direction upon the o.ps. to pay a sum of Rs.60,000/- along with compensation of Rs.1 lakh and litigation cost of Rs.10,000/-.
The o.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated by o.p. no.1 that the complainants duly signed the said contract with the consent at the office of o.p. 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 singed the said Country Vacation International Holiday Club Membership Purchase agreement with the said company on 8.12.14 for total purchase price of Rs.1,25,000/-, out of which the complainants paid an amount of Rs.40,000/-. Thereafter at the instance of the complainants o.p. no.1 reduced the remaining balance amount of Rs.85,000/- by another Rs.25,000/- and the complainants did not pay balance amount of Rs.65,000/-. The complainants being desirous to enjoy the facilities they signed the said Country Vacation International Holiday Club Membership Purchase agreement and there was no suppression of material fact. The o.p. no.1 received the e-mail from the complainants for holiday booking in either Simla, Manali or in Kodaicanal for the period between 15th to 20th June, 2015. Immediately o.ps. replied to the complainants that booki8ng for the said period was unavailable and provide alternate dates. In view of the said fact o.p. no.1 stated that the complainants are not entitled to get the refund the amount of Rs.60,000/- or compensation and litigation and o.p. no.1 also prayed for dismissal of the case.
It was stated by o.p. no.2 the same thing as stated by o.p. no.1. It was stated by o.p. no.2 that o.ps. had never taken the credit card from the complainant no.2 and swipe the card and withdrew the money from the said card without the presence, consent, secret PIN, signature of the card holder of the card. Such a statement is so improbable that based solely upon such a false statement the instant case should summarily be rejected by this Forum. It was also admitted by o.p. no.2 that representative of o.ps. had requested the complainants to effectuate payment of the balance amount of Rs.85,000/- towards the membership and subsequently the complainants paid an amount of Rs.20,000/- and requested the o.ps. to provide them with some more time to make the balance amount for payment. The o.ps. gave the time but the complainants with the ulterior motive to extract money from the o.ps. falsely made allegation against them and therefore 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 allured by o.ps. to become the member of the o.p. club.
- Whether o.ps. practiced fraud upon the complainants.
- Whether there was any deficiency in service on the part of o.ps.
- Whether the complainant 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 were informed over phone calls by o.p. no.1 to attend the function whereby the complainants were offered to provide gift of lottery draw, out of curiosity the complainants sent to Gajraj Chamber and they were convinced by two lady representatives of o.p. no.1 and offered that they will be provided with the various holiday packages, schemes etc. if they takes membership of the club. It was also assured that they will be provided with the various facilities after becoming member like gym, spa etc. without any extra charge, 30%-50% discount on flight fare, if ticket books through Country Vacation, in such manner o.p. no.1 allured the complainants. The complainants had no intention to become members of the said club. But they were allured in such a manner and were offered if they pay Rs.40,000/- the balance amount can be paid by EMI. After such assurance and those representatives of o.p. no.1 put the complainants with such assurance that they will be provided all sorts of benefits and the complainants were not allowed to go through the membership and only asked them to put their signatures. After payment of Rs.40,000/- the complainants were informed immediately by o.p. no.1 from their head office situated at Hyderabad that the complainants should pay the balance amount. Whenever the complainants informed that they were given the assurance that rest amount can be paid by installment to which the complainants were offered that they can reduce the amount to Rs.60,000/- if paid immediately. The complainants thereafter paid Rs.20,000/-. Subsequently the complainants booked one holiday resort at Simla Manali or Kodaicanal which were refused by o.p. no.1. The complainants thereafter came to learn from the newspaper that o.p. club has deceived various members and practiced fraud upon them. Thereafter the complainants prayed for cancellation of the membership and refund of the amount. The o.ps. since failed to refund the money the complainants had to file this case for refund of the amount as well as other reliefs.
Ld. lawyer for the o.ps. argued that the complainants were fully aware regarding the contents of the said agreement and once the complainants entered into the agreement the terms and conditions of the agreement are binding upon the complainants. The complainants failed to pay the balance amount. The complainants were offered those places on a subsequent date where the complainants wanted to visit but the complainants did not avail of the facility and falsely started the case against the o.ps. In view of the said fact o.ps. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that o.p. no.1 i.e. Country Club is in the habit of alluring different persons with the assurance that they will be provided with gifts if they take membership of the club, after becoming member the members will be provided with various facilities at a nominal charge at a various places of interest. Apart from the said fact o.p. club also offers other facilities like gym, spa etc. All those false assurances were made by o.p. club for the purpose of deceiving the members and in order to bring persons into their trap they also camouflage the prospective customers in their hall and practically the customers are not allowed to speak anything and asked to accept the membership on payment of some amount. Whenever the persons become members of the said club they are not provided with the facilities offered before taking the membership and asked for money which the complainants realized the deceiving attitude of o.ps. and demanded the refund of the amount paid by them. The o.ps. have deceived various persons and we do not know how they are running the business in spite of deceiving so many persons of this city of Kolkata. Various cases have been filed against them in different Fora and they sometimes refund the amount and sometimes they contest the case where the substantial amount if involved. Here in this case, o.p. club called the complainants repeatedly over phone and offered some facilities after acceptance of the membership and also allured that they have been selected as lucky winner of the prize and in such manner o.p. club also deceived various persons and it is an another example how the o.ps. deceived the complainants in this case also. The complainants were neither offered any holiday resort facility nor any other facility as assured by the club and naturally the complainants were deceived and the complainants after coming to know of the fraud practice made by o.ps. to different members which appeared in daily news paper and after coming to know of the said fact the complainants became conscious and demanded refund of the amount which was refused by o.ps. with ulterior motive that once the acceptance of the membership has been made by the complainants with o.ps. the amount cannot be refunded. Since there was gross deficiency in service on the part of o.ps. therefore we hold that the complainants will be entitled to get the relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.322/2015 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to refund a sum of Rs.60,000/- (Rupees sixty thousand) only to the complainants along with compensation of Rs.20,000/- (Rupees twenty 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.
