SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

This is an application u/s.12 of the C.P. Act, 1986.

            The case of the complainants’ in brief; is that the complainants purchased membership of Country Club Hospitality & Holidays Ltd. The OP-2 being T.O. (Manager) of OP-1 had mislead the complainants describing the future aspect of the ‘Silver 5 years’ Holiday plan. Complainants paid Rs.1,05,000/- to the OP-1 against  money receipt. The terms and conditions of the Sale Agreement dated 26.06.2018 are contrary to the verbal proposal of OP-2. Complainants vide e-mail dated 25.06.2018 requested the Central Customer Care Officer of OP-1 to cancel the Sale Agreement and refund the amount after deducting Rs.3,800/-. That on 03.07.2018 the OPs replied the e-mail and intimated that cancellation of the Sale Agreement is in process and after deducting Rs.3,800/- the balance amount will be refunded within 120 days. In spite of elapsed of 120 days the OPs did not refund the balance amount though the complainants are regularly paying EMI to their banker.

            Further case of the complainants’ is that clause-26 of the Sale Agreement dated 24.06.2018 the OPs assured to pay back the deposited amount after deducting Rs.3,800/- as administrative charge within 120 days from the date of invoking of cool off period. In spite expiry of 120 days the OPs have failed and neglected to refund the deposited amount violating the  terms & conditions of the Sale Agreement. Legal Notice dated 05.11.2018 were sent to the OPs but such notice was unattended. There is deficiency in service and unfair trade practice on the part of the OPs. Hence, the consumer complaint.

            In spite of service of notices the OPs did not turn up to contest the case. As such, the case has proceeded ex parte against the OPs.

Point for Determination

1)         Are the complainants consumer Under Section 2(1) (d) (ii) of the C.P. Act,1986 ?

2)         Are the OPs deficient in rendering services to the complainants ?

3)         Are the OPs indulged in unfair trade practice ?

4)         Are the complainants entitled to get relief as prayed for ?

Decision with Reasons

Point  No.-1 :

            We have perused the evidence of complainant No. 2 coupled with Sale Agreement date 24.06.2018. On perusal of the Sale Agreement we find that the complainants purchased Country Vacations ( A division of Country Club Hospitality & Holidays Ltd.) against  payment of Rs.1,05,000/- and the said agreement is valid for a year in a Studio Room  for two adults and  two children under 12 years age (or 03 Adults) and  the same is renewable up to 05 years subject to paying annual maintenance charges. Therefore, we hold that the complaints are consumer under section 2 (1) (d) (ii) of the consumer Protection Act, 1986 and also availed / hired services from the OP-1 upon payment of money. Thus, point No. 1 answered in the affirmative.

Points No.-2 to 4 :

            All the three points are taken up together for the sake of convenience and brevity in discussion.

            Complainant No. 2 has tendered evidence through affidavit. They have also filed Brief Notes of Argument. We have perused the evidence and documents on record.

            On perusal of evidence and Annexure - 1 of the Consumer Complaint, it appears to us that the complainants purchased  Country Vacations (A division of Country Club Hospitality & Holidays Ltd.) from OP-1 on payment of  Rs.1,05,000/-  and a Sale Agreement dated 24.06.2018  was executed between the complainants and OP-1. In terms of the Sale Agreement complainants are entitle to get holiday benefits of stay for a period up to 06 nights and 07 days each year at CCHHL’s property within India. The allegation of the complainants is that the terms and conditions of the Sale Agreement are contrary to the verbal proposal of the OP-2, T.O (Manager) of OP-1. Complainants cancelled the Sale Agreement dated 25.06.2018 and 26.06.2018 (Annexure 3 & 4 of the Consumer Complaint) and the OP-1 vide e-mail dated 03.07.2018 informed  the complainant No.1  that  they forwarded the refund request to  the concerned department and as per terms of the agreement nominal charges of Rs.3,800/- will be deducted. We have also it from the said e-mail that remaining amount will be refunded within 120 days from the date of invoking cool off period.

            Clause-26 of the Sale Agreement goes to show that “ there shall be a cool off period of 10 days from the date of signing this agreement wherein member  can discontinue  the agreement  by paying a nominal administration charges of  Rs.3,800/- to the Company. After deduction of the aforesaid amount (Rs. 3,800/-) remaining amount would be refunded to the member within 120 days from the date of invoking the cool off period. For invoking the cooling off period the member shall sent a written communication to the Country Club, Central Customer Care, 4^th floor, Asian Building, Begumpet, Hyderabad–500 016 through registered Post or an e-mail to centralcustomercare  at the rate of countryvacationsmail.com. After expiry of the aforesaid period the fee is non refundable under any circumstances”.

Undisputedly, the complainants sent cancel request vide e-mail dated 25.06.2018 and 26.06.2018  within the cool off period and the OP-1 vide e-mail dated 03.07.2018 informed  the complainant No. 1  that they forwarded the refund request to the concerned department and amount will be  refunded within 120 days from the date of invoking cool off period. In spite of expiry of 120 days the OPs did not refund the amount after deducting Rs.3,800/- as administrative charges. This attitude of the OPs is tantamount to unfair trade practice as well as deficiency in service. The OPs have violated clause-26 of the Sale Agreement.

 In the light of the above discussion, we are of the opinion that the OPs are deficient in rendering services to the complainants and there is indulged in unfair trade practice on the part of the OPs. Thus, the complainants are entitled to relief as prayed for. All the three points under determination answered in the affirmative.

In the result, the case succeeds.

Hence,

ORDERED

That the complaint case be and the same is allowed ex parte against the OPs in part with litigation cost of Rs.5,000/- (Rupees five thousand) only.

OPs are jointly and severally directed to refund Rs.1,01,200/- (Rupees one lac five thousand minus Rs.3,800/-) only along with interest  at the rate of 7 percent per annum from the date of filing of the consumer complaint till realization to the complainants within 45 days from the date of this order apart from litigation cost.

Complainants are not entitled to get any compensation as interest is allowed.

OPs are directed to pay Rs.5,000/- ( Rupees five thousand) only to this Forum as punitive damage for practicing unfair trade practice within the stipulated period.

Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.