1. Sri Sudipta Chakraborty,

            Vill. Durga Ram Kar Square,

            Near Bhuripukur Dhar,

            P.O. Rajpur, P.S. Sonarpur, Kolkata-700149.                                               ________Complainant

____Versus____

1. Country Vacations [A Division of Country Club (I) Ltd.]

86B/2, Gajraj Chamber, 1^st Floor, Topsia, Kolkata-46.

1. Country Club (India) Ltd.,

Amurtha Castle,

5-9-16, Saifabad, Opposite Secretariat,

Hyderabad – 500 063.                                                                               ________ Opposite Parties

Present :           Sri Sankar Nath Das, Hon’ble President

                          Dr. Subir Kumar Chaudhuri, Member.

                        Smt.  Samiksha Bhattacharya, Member

Order No.   22    Dated  13-05-2014.

          The case of the complainant in short is that on 17.12.11 complainant filled up a form and on the very next day he received a phone call from o.p. and he was told that he won a lottery for some kitchen item along with a holiday package of one year validity. Accordingly, on 19.12.11 complainant visited Topsia office of o.p. with his wife and he chose a holiday package. Complainant duly signed the contract at the office of o.p. where the complainant was invited for a demonstration of the company resorts, spas and club and their membership. To avail of the service of o.p., the complainant paid Rs.50,001/- in total. After signing the agreement paper o.p. gave the complainant two sets of bowl and gift voucher of holiday package only for lodging by Country Vacation valid for one year. As per the gift voucher they can spend holidays of 7 days 6 nights or 3 days 2 nights within one year span. After some days complainant visited the office of o.p. and he wanted to use the gift voucher for spending holidays at Darjeeling during summer vacation of their daughter. Then complainant came to know that o.p. has no holiday resorts at Darjeeling. Then complainant enquired about the welcome kit, but o.p. has failed to give that to the complainant. On 17.1.12 complainant has given an option to o.p. for booking hotels or resorts in Shimla, but complainant became astonished to know  that a minimum amount of Rs.500/- per day would be paid as utility charges to book hotels in Shimla in the month of April. But the complainant was assured that if he pays Rs.50,000/- then he is not required to pay any extra amount for booking in one year span. The complainant enquired about the matter but o.p. did not give any satisfactory reply. So, the complainant filed the instant case with prayer for refunding Rs.50,000/- along with interest.

            O.p.(a) appeared  in the case and filed the w/v. In their w/v they have denied all the material allegations interalia stated that complainant did not make any attempts in order to avail of the benefits under Country Vacation Membership Plan. Hence, the allegation of deficiency in service and unfair trade practice of o.p. is not maintainable. O.p. further stated that the allegations made in the petition of complaint are malafide and those allegations do not tantamount to deficiency in service as alleged. So, o.p. has prayed for dismissal of the case.

            O.p.(b) Country Club (I) Ltd. did not turn up before this Forum thought the notice has been duly served upon them. So the matter was fixed ex parte as against them.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted fact that complainant has signed an agreement for Vacation Membership and accordingly, he paid Rs.50,001/-. The money receipts are annexed with the petition of complaint. O.p. has assured him to enjoy the holiday resorts and club membership. But o.p. demanded extra fees for such enjoyment which is not proper. O.p. has not given the service to the complainant as they have promised. It is clear on perusal of the case record that o.ps. had sufficient deficiency in service being service provider to the consumer / complainant and complainant is entitled to relief.

            Hence, ordered,          

            That the case is allowed on contest against o.p.(a) and ex parte against o.p.(b) with cost. O.ps. are jointly and/or severally directed to refund Rs.50,000/- (Rupees fifty thousand) only along with interest @ 10% p.a. from the date of deposit of the said amount by the complainant till the date of realization. O.ps. are also directed to comply the order within 45 days from the date of communication of this order.

                     Supply certified copy of this order to the parties free of cost.