- Smt. Swapna Sengupta,
- Sri Biprendra Kumar Sengupta,
Both residing at ‘Mayukh’,
Flat No.7A, 7th Floor,
68/3, Pratapaditya Road, P.S. Kalighat,
P.S. Tollygunge, Kolkata-26._________ Complainants
____Versus____
- The Appropriate Authority, Country Vacations
[A Division of Country Club (I) Ltd.].
86 B/2Gajraj Chamber, 1st Floor,
PO & PS. Topsia, Kolkata-46.
- M/s Country Club (India) Ltd.
Amrutha Castle, 5-9-16, Saifabad,
Opp. Secretariat, Hyderabad – 500063.________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Order No. 19 Dated 27/05/2016
The case of the complainants in short is that complainants stated that on 2.1.12 when they were coming from a departmental store at South Kolkata they were requested by a self introduced representative of o.p. no.1 to fill up a small coupon in the pretext of his doing some survey work on the consumers and further he informed the complainants that there are some chances of winning some gifts through lottery and accordingly, complainants filled up the coupon and handed over the same to the representative of o.p. no.1.
Complainant further stated that on 4.1.12 complainants were informed by o.p. no.1 that they owned some lottery and they were requested to collect some gift after attending a presentation ceremony proposed to be held on 5.1.12 at Homeland Mall at Bhawanipore, Kolkata.
Complainant further stated that on 5.1.12 complainant attended the presentation ceremony arranged by o.p. no.1 and where o.p. no.1 showed some coloured photos of their lodging facilities available at various top hotels and resorts in India and abroad since the said hotels and resorts are tie up with their company. Complainants further stated that o.p. no.1 informed them that they would provide six nights and seven days on payment of only the tax amount and the facilities available in their various existing clubs and all the facilities will be available latest from the middle of Feb 2012. A printed brochure / booklet with specification and facilities would be available at O.ps’ office at Kasba, Kolkata.
Complainants further stated that all such facilities would be available to the members from 14.2.12. Complainants further stated that the representative of o.p. handed over to them some glass crockeries as gift and the holiday lodging coupon covering some places in India where six night and seven days lodging can be available subject to availability.
The representative of o.p. no.1 informed to complainants that since the club membership was offered to them at a concessional rate for a limited period the complainants should have to pay Rs.65,000/- only on that very date i.e. on 5.1.12 and in that case further gift of a microven could be given by the company.
Complainants informed the representative of o.p. that they had not so much money with them. Upon hearing the same the representative of o.p. stated that they would collect the money from their residence and accordingly, an agreement was signed between the parties on 5.1.12.
Complainant further stated that two representatives of o.p. no.1 came to the residence of complainants and collected Rs.65,000/- only on the said date i.e. on 5.1.12 through debit and credit cards and for which receipts were issued by the company. In this context the receipt as stated above has been annexed by complainant with the petition of complaint as annex-2 and 2A. Complainant further stated that though they handed over Rs.65,000/- on 5.1.12 but o.p. issued receipt dt.31.12.11.
Complainants further stated that complainants followed up the matter with the company’s office in Kolkata requesting them to send the membership card and for which complainants issued a letter to o.p. on 30.1.12. Complainants also sent a copy of the letter to another office of o.p. no.1 situated at Kolkata by regd. post and the same has been received by the said office. A copy of the said letter has been annexed by complainant with the petition of complaint as annex-2B.
Complainants further stated that meanwhile they tried to avail of the facility of holiday gift voucher but to utter surprise they have failed to avail the opportunity since holiday resort could not be available anywhere of the listed places.
Complainants further stated that they took the membership of the Country Vacation and also tried to avail of the club facilities at Kasba where o.p. assured them that they would be avail of the facility within 15 days from the date of taking their membership. But complainants further stated that all in vain. Complainant also annexed the brochure of the company with the petition of complaint as annex-3 where all the facilities are stated.
Complainants further stated that on 27.8.12 they got one membership card from o.ps. On 7.9.12 complainants visited the o.p. no.1 and with utter surprise they found that some trade mills / jogging machines were installed instead of proposed swimming pool facility.
Complainants further stated that in spite of repeated follow up complainants yielded no fruitful result and finding no other alternative but to file the instant case before this Forum with the prayers contained in the prayer portion of the petition of complaint.
O.ps. appeared before this Forum by filing w/v and contested the case. In their w/v o.ps. stated that complainants have signed the contract definitely by going through the details of the terms and conditions and obviously they have deposited Rs.65,000/- admittedly after being satisfied by themselves.
O.ps. also denied that none of the representative assured the complainants that the club facilities could be made available to them within one year and accordingly invitation to that extent would be sent to complainants. Hence, o.ps. claimed that such allegation is baseless and harassing. O.ps. further stated that complainants had received a gift of microven on 5.1.12 at a time of deposition of Rs.65,000/- to them which signifies that definitely complainants had satisfied with the terms and conditions and after being satisfied they have signed the agreement. O.ps. interalia prayed for dismissal of the case being they stated that the complaint petition has no merit and baseless.
Decision with reasons:
Upon considering the submissions of the parties and on careful scrutiny of the entire materials on record, this Forum holds that o.ps. made deficiency of service to the complainants being service providers since o.ps. have failed to provide any facilities to the complainants as per the terms and conditions as laid down where the parties were signed in the form of an agreement and complainants are entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to refund a sum of Rs.65,000/- (Rupees sixty five thousand) only to the complainants as the same has been deposited by complainants to o.ps. towards membership with them and are further directed to pay compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two 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.
