Order No. 12 dt. 15/02/2017
The case of the complainant in brief is that the agents of the o.p.s duly approached the complainants to avail the membership of the o.p. and relying on the commitment and briefing the complainants availed membership of the o.p. 1 through his branch office. The o.p. 2 by paying an amount of Rs. 1,51,000/-. The said amount was paid by the complainants through credit card of State Bank of India. After becoming the members of the club the complainant approached the o.p. no. 2 to book a tour at Bandipur, Karnataka on 15/09/2014 and for availing such offer the complainants will have to pay a nominal administration fee. The complainant contacted the office of the o.p.s over phone as also personally but was turned to hear the hidden cost which in total tantamount to exorbitant. The complainant thereafter realizing that he was deceived by the o.p.s wanted to quit the membership and demanded the refund of the amount of Rs. 1,51,000/-. Since no action was taken on the part of the o.p.s the complainants sent an advocate’s letter but no action was taken for which the complainant filed this case praying for refund of the amount of membership fee of Rs. 1,51,000/- and compensation of Rs. 50,000/-. The complainant also prayed for the litigation cost of Rs. 10,000/-.
The o.p. 2 contested the case denying all the material allegations of the complaint. It was stated that in the agreement dt. 09/07/2014 a specific clause was there whereby the o.p. had the right to claim the maintenance charge from the complainants every year. The complainants suppressed the material fact alleging unfair trade practice and deficiency in service by the o.p.s. It was further stated that the o.p. has a very good reputation in providing a worm and sound hospitality and vacations to its members and on the basis of some baseless fabricated facts, this case was filed. The complainants after purchasing the membership were provided with the identity cards which were issued to the complainants and received by them but the vacations membership cards and club cards were not accepted by the complainants and the same was returned to the o.p. 2. The o.p. 2 denied to return the amount of Rs. 1,51,000/- with interest and compensation of Rs. 50,000/-. The o.p. 2 also denied to pay Rs. 10,000/- as litigation cost. On the basis of facts and circumstances as stated above the o.p. 2 prayed for dismissal of the case.
On the basis of the pleadings of the respective parties following points are to be decided :-
- Whether the complainant took the membership of the o.p.s by paying Rs. 1,51,000/-.
- Whether the complainant wanted to book a tour to Bandipur, Karnataka.
- Whether the o.p. 2 demanded more money.
- Whether the o.p.s made unfair trade practice and deficiency in service.
- Whether the complainants will be entitled to get relief as prayed for.
Decisions with reasons :-
All the points are taken together for the sake of brevity and avoidance of repetition of facts. The Ld. Lawyer for the complainants argued that being attracted by the facilities to be provided to the members as assured by the agents of the o.p.s, the complainants took the membership of the club of the o.p.s by paying an amount of Rs. 1,51,000/-. The complainants were assured that they will be provided with the accommodation at different places and the complainants in order to get the benefit of the accommodation and other facilities as assured by the o.p.s wanted to visit Bandipur, Karnataka on 15/09/2014. The complainants had the idea that being the member of the club they may have to pay a nominal administration fee and for that purpose contacted the office of the o.p.s and after coming to know of the hidden cost which was exorbitant one, opens the ears and eyes of the complainants that the o.p.s had the intention to extort money from its members. After realizing the malafide intention of the o.p.s the complainants wanted to refund of the money after cancellation of the membership. In view of the facts and circumstances the complainants prayed for the direction upon the o.ps. for returning of the amount as well as for compensation.
It appears from the record that the intention of the o.p.s is to delay the hearing of the case and for that purpose a petition was filed on behalf of the o.ps praying for time. Since the o.p.s on numerous occasions have suffered decrees therefore with malafide intention the o.p. 2 filed a petition praying for time. After rejection of the same the argument of the Ld. Lawyer for the complainant was heard with a direction on the o.p.s to file BNA in the meantime. The o.p. 2 did not take further step as such the case is being disposed of on merit on the basis on the materials record.
Considering the submission of the complainants and the materials on record it is crystal clear that the complainant took the membership of the o.p.s by paying an amount of Rs. 1,51,000/- and at the time of taking admission the complainant was assured that they will be provided with accommodation and facilities in different places of interest within India and for that purpose the complainants in order to enjoy the tourist spot at Bandipur, Karnataka booked for the tour but they astonished to find that the o.p.s demanded huge amount. After realizing the object of the o.p.s to extort money from the members the complainants wanted to cancel their membership and prayed for refund of the money. The o.p.s in numerous cases pending before this Forum as well as other Forums the complainants made their complaints against the o.p.s after enticing the prospective members allured them by assuring to provide accommodation at different places of interest for visit of the members and after acceptance of the membership whenever the members ask for the benefits as assured by the o.p.s the members are generally deceived by demanding hefty amount beyond the scope of the assurance given by the o.p.s. Such adoption of false assurance to the members is undoubtedly an unfair trade practice and deficiency in service. Accordingly we hold that the complainants will be entitled to get the money paid by them to the o.p.s and o.p.s should pay compensation also to the complainants.
Thus all the points are disposed of accordingly.
Hence,
it is ordered,
that the complaint case no. CC/83/2015 is allowed on contest against the o.p.s. The o.p.s are jointly and severally liable to refund an amount of Rs. 1,51,000/-(Rupees one lac fifty one thousand) only to the complainants and also to pay the compensation of Rs. 20,000/- (rupees twenty thousand) only. The o.p.s are also directed to pay the litigation cost of Rs. 5,000/- (Rupees five thousand) only the amount, compensation and cost are to be paid to the complainants within one month from the date of communication of the order failing which the complainants will be entitled to get interest @10% p.a. till the realization of the entire amount.
Certified copies of this order be supplied to the parties free of cost.
