In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 176 / 2010.
1) Smt. Sharmila Danda and
2) Sri Tarun Kumar Danda of
B6/13, E.C.T.P. Phase-III, Kasba, Kolkata-700107. ---------- Complainant
---Versus---
1) Country Vacations, A Division of Country Club (India) Ltd.,
868/2, 1st Floor, Gajraj Chamber, Park Circus Connector,
Topsia Road, Kolkata-700046.
2) Accounts Officer, Country Vacations, A Division of Country Club (India) Ltd.,
868/2, 1st Floor, Gajraj Chamber, Park Circus Connector,
Topsia Road, Kolkata-700046. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. A. B. Chakraborty, Member
Order No. 15 Dated 22/02/2012.
The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by Smt. Sharmila Danda and Tarun Kumar Danda against the o.ps. Country Vacations. The case of the complainant in short is that being allured by the offer taking membership as well as for transferring four plots of land in favour of the complainants, complainant applied for membership of o.p. no.1, Country Club. Complainants paid sum of Rs.3,50,000/- on different dates between 10.8.09 to 7.0.09, but the membership card has not yet been issued. On the other hand, an agreement was executed between the complainants and the o.ps. and on the basis of this agreement o.p. no.2 assured the complainants for allotting four complementary plots at Tunkur. O.ps. also assured complainant that they will arrange for free trip with free boarding and lodging for inspection plot at CK 27 Kormangala, Bangalore. Accordingly, complainants visited CK 27 Kormangala on 23.9.09, but the members of the country club at Kormangala refused to arrange for accommodation of the complainants. On their advice they approached Sarjapur Road, Country Club, but the manager of the said club arranged a small room on payment of Rs.8502/-. Complainants felt that they were being cheated. Then the complainants applied for refund of Rs.3,50,000/- but the o.ps. did not pay heed to that. Written complaint followed by ld. advocate’s letter were made by the complainants. Hence, the case.
Matter was heard ex parte since o.ps. did not appear to contest the case by filing w/v.
Decision with reasons:
We have gone through the pleadings of the complainants, evidence and documents in particular and o.ps. have not come forward to challenge the averments made by complainants in their evidence and as such, the evidence of the complainants remains unchallenged testimony and this Forum is of the view that the complainants are entitled to relief as prayed for contained in the prayer portion of the petition of complaint as against the o.ps. who are the service providers to their consumers / complainants.
Hence, ordered,
That the petition of complaint is allowed ex parte against the o.ps. with cost. O.ps. are jointly and/or severally directed to refund a sum of Rs.3,50,000/- (Rupees three lakhs fifty thousand) only together with an interest @ 9% p.a. from the date of payment till the date of realization. O.ps. are further directed to pay compensation of Rs.15,000/- (Rupees fifteen thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% 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.
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MEMBER PRESIDENT
