- Mrs. Anjali Aron,
Flat No.9, Type-VI, M.S. Building,
Central Govt. Quarters,
21, Ritchie Road, Kolkata-19. _________ Complainant
____Versus____
- Country Vacations International Holiday Club,
Country Club (India) Ltd.
6-3-1319 Begumpet, Hyderabad-500016.
- Country Club (India) Ltd.
Amrutha Castle, 5-9-16, Saifabad,
Opp. Secretariat, Hyderabad-500063 and
86B/2, 1st Floor, Gajraj Chambers,
Park Circus Connector,
Topsia Road, Kolkata-46.
- Country Club (India) Ltd. represented by
Mr. Biswajit Roy, T.O. Manager,
86B/2, 1st Floor, Gajraj Chambers,
Park Circus Connector,
Topsia Road, Kolkata-46. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 19 Dated 20/01/2016
The case of the complainant in short is that on 1.10.12 complainant received a phone call from o.p. no.1 / company requesting him to attend a presentation by the company on 2.10.12 in their office and to collect a free gift. The presentation was given by the company officials namely Sri Biswajit Roy and Miss. Priyanka Singh on 20.101.10. At the said presentation it was represented by Biswajit Roy, o.p. no.3 herein, amongst others that o.p. no.1 would provide world class accommodation at all the tourist destinations in the country and that the accommodations are of highest standard and include castle, resorts and apartments. It was also represented that transport facility would also be provided to the members at tourist destinations right from the railway station or airport, such transport facility will be charged for the cost of fuel only. Further, food will be provided by the company at the travel destinations and only cost of consumable for preparation of food will be charged. The representatives further assured the complainant that all these facilities will be reduced to writing or the form of a contract and would be provided to the complainant along with welcome kit.
Believing the representation made by o.p. no.3, the complainant agreed to purchase the membership and made full payment of Rs.1,02,000/- through his Debit Card and cheque for which o.p. forwarded, the receipt. The purchase agreement, being contract no.D#23#0971 dt.2.10.12 was entered into by and between o.p. no.1 as party of the First Part / Marketer and the Complainant herein as the party of the Second Part / the Purchaser / Member. On receipt of the payment of Rs.1,20,000/- o.p. no.1 / company issued money receipt no.1012-CUKK-1637 dt.4.10.12 for Rs.40,000/- and money receipt no.1012-CUKK-1638 dt.4.10.12, for Rs.62,000/-.
As per terms of the agreement, the complainant was entitled, amongst other, to holiday package from the company for which the complainant is required to do the booking online on the o.p’s website, that is www.countryclubindia.com. It is mentioned in the purchase agreement that the company will forward the username and password along with the welcome letter and the procedure for booking online. Shri Biswajit Roy, o.p. no.3 as the representative of o.p. no.1 informed the complainant that the letter along with requisite username and password would reach the complainant within 45 days of the sale of the membership which is 2.10.12.
Complainant stated that even after lapse of several months o.p. no.1 did not send any welcome letter, username, password or the procedure for booking online to the complainant. Complainant tried to contact Biswajit Roy, o.p. no.3 over phone on a member of occasion but there was no response from the said Biswajit Roy and on each occasion complainant found the mobile phone of said Biswajit Roy switched off. Complainant has reasons to believe that said Biswajit Roy was avoiding the complainant deliberately and with malafide intention.
Complainant stated that towards the end of Dec.2012 complainant received some cards by post from o.p. no.1 but there was no instructions with regard to the use of those cards nor was there any welcome letter, login ID or password for online booking of the accommodation.
Complainant finding no other alternative on 14.1.13 sent letters to o.ps. at their address as indicated in the purchase agreement dt.2.10.12 requesting them to refund Rs.1,02,000/- along with interest. The letters were sent by speed post with A/D. the letters sent to o.ps. at their Hyderabad address have been duly served upon them. However, there is no response from o.ps. Hence, the case was filed by the complainant with the prayers contained in the prayer portion of the petition of complaint.
Decision with reasons:
O.p. no.1 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.p. no.1 in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. O.p. nos.2 and 3 did not contest the case by filing w/v and as such, matter was heard ex parte against o.p. nos.2 and 3.
In their w/v o.p. no.1 stated that complainant duly signed the said contract with their consent at the office of o.p. where complainant was invited for demonstration of the company’s resorts and spas and club and their membership. Being impressed by the venues and resorts and after being completely satisfied with the norms, rules, terms and conditions of the said company, complainant willfully and without any coercion or undue influence signed the said Country Vacations International Holiday Club Membership purchase Agreement with the said company on 2.10.12 under the for a total purchase price of Rs.1,02,000/- which complainant paid through debit card and cheque. Pursuant to the execution of the said purchase agreement dt.2.10.12 Country Vacations Identity Cards forf vacations and clubbing was duly issued and delivered to complainant.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that as per terms of the agreement, the complainant was entitled, amongst other, to holiday package from the company for which the complainant is required to do the booking online on the o.p’s website, that is www.countryclubindia.com. It is mentioned in the purchase agreement that the company will forward the username and password along with the welcome letter and the procedure for booking online. Shri Biswajit Roy, o.p. no.3 as the representative of o.p. no.1 informed the complainant that the letter along with requisite username and password would reach the complainant within 45 days of the sale of the membership which is 2.10.12. Complainant stated that towards the end of Dec.2012 complainant received some cards by post from o.p. no.1 but there was no instructions with regard to the use of those cards nor was there any welcome letter, login ID or password for online booking of the accommodation. Complainant finding no other alternative on 14.1.13 sent letters to o.ps. at their address as indicated in the purchase agreement dt.2.10.12 requesting them to refund Rs.1,02,000/- along with interest. The letters were sent by speed post with A/D. the letters sent to o.ps. at their Hyderabad address have been duly served upon them. However, there is no response from o.ps.
In view of the findings above and on perusal of the entire materials on record, we find that o.ps. had sufficient deficiency in service being service providers to their consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. no.1 and ex parte with cost against the o.p. nos.2 and 3. O.ps. are jointly and/or severally directed to pay to the complainant a sum of Rs.1,02,000/- (Rupees one lakh two thousand) only towards the amount deposited by complainant and are further directed to pay compensation of Rs.40,000/- (Rupees forty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten 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.
