Order No.  19  dt.  27/12/2016

            The case of the complainant in brief is that the agent of the opposite parties approached the complainants to avail of  the membership and narrated positive aspects of enjoyment their  hospitality at a suggested clubs, hotels and resorts at different parts of India and also in abroad countries. The complainants took the membership of the opposite parties paid an amount of Rs.1,00,000/- on 15.07.2012. The OP offered the complainants to avail accommodation gift  which had a market value of Rs.25,000/- and for availing of such offer the complainant will have to pay a nominal pay of Rs.4,000/- and asked the complainant to contact the office of the opposite parties. The complainant after getting such information became astonished to hear the  hidden cost and the complainant thereafter wanted to quit the membership and asked for refund of Rs.1,00,000/-. Whenever it was found that the  opposite parties were not find taking any measure  the complainant sent a lawyer’s letter. Subsequently  since no relief was available from the opposite parties the complainant had to file this case praying for direction upon the opposite parties to refund of Rs.1,00,000/-, Rs.30,000/- for mental agony and Rs.10,000/- for litigation cost.

                The opposite parties contested the case  by filing written version  whereby denied all  material allegations  of the complaint. It was stated that the OP Club is a reputed  club having  a business of holiday club resorts providing membership of the same to its intending member. The complainants duly signed the said contract with their consent at the office of the OP. Being satisfied with the terms and conditions of the said country club the complainant accepted the membership of the  said club. The Ops  denied that there was any devoid of proper service on the part of the opposite parties. There was no  unfair trade practice on the part of opposite parties, therefore  the complainant will not be entitled to get any relief of Rs.1,00,000/- as well as compensation.

                On the basis of the pleadings of parties the following points are to be decided:

                1.             whether there was any deficiency in service on the part of the Ops;

                2.             Was there any unfair trade practice adopted by the Ops;          

                3.             Are the complainants entitled to get 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

The ld. Lawyer for the complainant argued that the Ops made advertisements  and also through its agents offered the membership of the club of the opposite parties to the complainants with the assurance that the complainants will be provided with the Holiday Resorts in  India as well as in abroad countries at the subsidised rate. The complainant on the basis of the assurance of the Ops and believed the opposite parties in good faith and took the membership after paying Rs.1,00,000/-. Immediately after becoming members of the club.  opposite parties offered  the complainant to avail accommodation gift which had a market value of over  Rs.25,000/- and also asked the complainants to pay Rs.4,000/- at administration fee. After hearing such offer from the opposite parties the complainant became astonished and requested  the opposite parties to return the amount of Rs.1,00,000/- which the opposite parties did not abide by resulting in sending of a lawyers letter asking for the refund of the amount as well as compensation.

                Ld lawyer for the Ops argued that Op is a reputed club having its resorts at different places to provide   to the members and since the offer was made to the complainant and the complainant failed to pay the administration charge which the complainant agreed to pay as per the terms and conditions of the agreement the complainant could not seek any relief from this Forum. In view of the said fact the opposite parties   prayed   for dismissal of the case.

                Considering the submission of the respective parties it is admitted fact that the Ops allured the persons particularly Senior Citizen to have the membership of the club by giving them false promise by providing accommodation to different places including in abroad countries. The members fall in trap of the Ops and it is another   glaring example   of the complainant that he has fallen in the trap of the Ops.  From the various disposed of or pending cases against the opposite parties everywhere the same pleading is adopted by the Ops that the complainant put his signature on the membership form after going through the terms and conditions of the contract. It is curious enough that the agent of the opposite parties adopt such tactics by alluring the prospective members to provide accommodation in different places at subsidised rates. Here in  this case the complainants were offered an accommodation with the  claim of the Ops which will be worth of Rs.25,000/- and in order to avail of that facility the complainant  will have to pay of Rs.4,000/- which made the complainant surprised.  After realising   the fraud was practiced upon the complainants, they   demanded the amount paid by them. The Ops did not reply the said demand. Subsequently the complainants had to send a lawyer’s letter whenever no action was taken by the Ops. the complainants had no other alternative but to file this case. On perusal of the evidence as well as materials on record it is crystal clear that the complainants were deceived by the Ops and took   the money by giving false assurance to them that they will be provided   with various Hotels, Resorts at different places   in India and abroad countries. Such acts of the   opposite parties   established the fact and there was unfair trade practice as well as deficiency in service on the part of the Ops. Therefore we hold that the complainant will be entitled to get relief as prayed for.

                Hence, ordered

                That the case no.401/2013 is allowed on contest against the Ops.  Ops are jointly and severally liable to pay the amount of Rs.1,00,000/- and pay Rs.30,000/- as  compensation and also pay Rs.10,000/- as litigation cost 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.