- Rupam Banerjee,
- Nairita Banerjee,
Both are at 251, Bishnupur Road,
Madhupur Colony, Berhampur,
Mushidabad, Pin-742101.
_________ Complainants
____Versus____
- Country Vacations
A Division of Country Club India Ltd. (
Kolkata Unit), 86B/2, 1st Floor,
Gajraj Chamber, Topsia Road,
P.S. Topsia, Kolkata-46.
- Country Club India Ltd.
Having its regd. office at
Country Club India Ltd.,
6-3-1219, Begumpet,
Hyderabad-500016. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 16 Dated 28/09/2015.
The case of the complainants in short is that complainants were approached by one of the representatives of o.p. no.1, sometime in Feb. 2013 whereby Country Club India interalia was projected as the largest chain of family clubs in India and promised fabulous discounted membership of Rs.1 lakh under Billionaire Gold Premium membership scheme for 30 years along with benefits and gift vouchers.
The consideration was paid through charging the credit card issued by ICICI Bank issued to Rupam Banerjee.
The membership purchase agreement dt.2.3.13 included promised benefits which interalia were:
- The package included club membership + Holidays and tours + access to entertainment, egvents and amusements facilities.
- The club is located at CK 27, Kasba, Kolkata.
- For Premium / Gold Members extra complimentary 6 nights 7 days holiday at Bangkok (valid for first year, accommodation only extra utility charges apply).
- For Gold members two extra complementary 3 nights 4 days holiday at Dubai (valid for first two years, accommodation only extra utility charges apply).
The membership was taken on 2.3.13, thereafter o.ps. were supliseed to provide two cards for the clubbing facilities and two cards for the vacation however since the date of membership the complainants have received only a single card.
No information was provided to avail complimentary 6 nights 7 days holiday at Bangkok or complementary 3 nights 4 days holiday at Dubai (valid for first two years, accommodation only extra utility charges apply and when being personally enquired Mr. Devender Dubey, the representative of o.ps. have informed that the said offer is not applicable for the complainants.
Complainants stated that o.ps. contravened all the terms and conditions and representations as laid down in the agreement and gift voucher dt.2.3.13 as mentioned above, had resulted in complete mistrust in the offerings of the o.p. no.1.
O.ps. have committed severe deficiency of service for reasons as above and have further committed severe unfair trade practices u/s 1(1) (r) of the C. P. Act. Hence, the case was filed by the complainant with the prayers contained in the prayer portion of the petition of complaint.
O.ps. did not contest the case by filing w/v and matter was heard ex parte against the o.ps.
Decision with reasons:
We have gone through the evidence of the complainants and documents in particular and we find that complainants were approached by one of the representatives of o.p. no.1, sometime in Feb. 2013 whereby Country Club India interalia was projected as the largest chain of family clubs in India and promised fabulous discounted membership of Rs.1 lakh under Billionaire Gold Premium membership scheme for 30 years along with benefits and gift vouchers. The consideration was paid through charging the credit card issued by ICICI Bank issued to Rupam Banerjee. No information was provided to avail complimentary 6 nights 7 days holiday at Bangkok or complementary 3 nights 4 days holiday at Dubai (valid for first two years, accommodation only extra utility charges apply and when being personally enquired Mr. Devender Dubey, the representative of o.ps. have informed that the said offer is not applicable for the complainants. Complainants stated that o.ps. contravened all the terms and conditions and representations as laid down in the agreement and gift voucher dt.2.3.13 as mentioned above, had resulted in complete mistrust in the offerings of the o.p. no.1.
In view of the above findings and on perusal of the entire materials on record, we find that o.ps. did not contest the case and as such, the evidence adduced by complainants remains unchallenged testimony and we have no reason to disbelieve the evidence adduced by complainants and therefore, we find and hold that complainants have been able to substantiate and prove his case and is entitled to relief.
Hence, ordered,
That the case is allowed ex parte with cost against the o.ps. O.ps. are jointly and/or severally directed to refund a sum of Rs.1,00,000/- (Rupees one lakh) only towards the amount deposited by complainants and are further directed to pay to the complainants compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five 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.
