In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.324/2011
1) Mr. Ashutosh Basak,
Flat No.4, II Floor, Radha Kunj Apartment,
151, Ram Dulal Sarkar Street, Kolkata-6. ----------- Complainant
---Versus---
1) Country Vacations International Holiday Club,
Having office at 86 B/2 1st Floor, Gajraj Chambers,
Park Circus Connector, Topsia Stoppage,
Topsia Road, Kolkata-46. and Regd. office / Head office at
6-3-12/13 IV Floor, A1-Samsad Building, Opposite TTD
Kalyana Mandapam, Liberty ‘X’ Road,
Himayatnagar, Hyderabad, Pin-500029.
2) The Branch Manager,
Country Vacations International Holiday Club,
86 B/2 1st Floor, Gajraj Chambers,
Park Circus Connector, Topsia Stoppage,
Topsia Road, P.S. Topsia, Kolkata-46.
2) The Corporate Manager,
Country Vacations International Holiday Club,
86 B/2 1st Floor, Gajraj Chambers,
Park Circus Connector, Topsia Stoppage,
Topsia Road, P.S. Topsia, Kolkata-46. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Smt. Sharmi Basu, Member
Order No. 14 Dated 31-12-2012.
Smt. Sharmi Basu, Member
In a nutshell the case of the complainant in short is that about 8.4.10 the complainant received a call from a lady tale caller informing the complainant that they have been selected as winner from a lucky draw and requested that in order to collect the gift complainant was required to be present along with his wife at the office of Country Vacations International Holiday Club, o.p.
Complainant visited the said office where they were requested to attend a brief presentation prior to collecting the gift to which complainant agreed. There was a representative of the company who was assigned to make the presentation to complainant and his wife, for about 1.5 hours, where total claims were made by the representatives of the company on how complainants could plan their vacations better in the next 5 years and save money by using the facilities provided by the company on acquiring membership of the Country Vacations / Country Club which included free of cost accommodation as and when such accommodation was asked for, prompt bookings, good customer services and all help required for booking a trip to any of their resorts/clubs/events etc in addition to such complimentary accommodations in any of the resort/clubs associated with the company.
Thereafter, being impressed by the presentation which led them to believe that they could call 91-40-44067877, 44610000, Fax: +91-40-66361824 or e-mail
The complainant thought that by paying a fixed amount he could enjoy a hassle free holiday and told the company representatives that they would like a few days to consider the matter but the company representative kept on insisting that the complainant had to decide then and there to avail the offer. After a lot of persuasion from the representatives complainant decided to buy a studio membership which would provide a studio type accommodation for 2 adults and 2 children for the period of 6 nights / 7 days per year for 5 yrs free of cost as and when such accommodation is asked and he was asked to sign a contract no.DT119#0346 and to pay a sum of Rs.55,000/- for the membership and Rs.5000/- annually as maintenance charges which would be payable every November and the aforesaid amount of Rs.60,000/- was duly paid as Rs.40,000/- by chque dt.12.4.10 and Rs.20,000/- in cash which was duly acknowledged by their receipt for membership no.DT119/0346. It is also stated by the complainant that complainant had to visit Hyderabad for some medical problem when he decided to use the membership to stay in one of their resorts so as to avoid the problem of finding bookings after reaching their destination he called 91-40-44067877 for making the reservation when he was told that there was no accommodation available. Though he was disappointed but it being an emergency the complainant made other arrangements did not think much about it.
After this the complainant made more than 10 attempts to avail the benefits under Country Vacations membership plan. Every time he used to call the reservation to book for a place, the standard response was: “No availability in the requested time period” (Even when the call was at least 45 days prior to the planned date of visit).
As it was a preplanned holiday the complainant had to book other accommodation s available at the last moment by paying a hefty amount for the same. Thus the complainant who was a bonafide member of the o.p. company was not able avail of its services numerous times thereby causing him great financial loss and mental agony. After repeated requests of the complainant he did not provide by the o.ps. the service, which was committed by then to provide.
Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.ps. 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.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and it is observed by this Forum admittedly the complainant paid Rs.55,000/- for membership of Country Vacations International Holiday Club (o.p) and also paid Rs.5000/- as maintenance charges. It is crystal clear that after effort of complainant from pillar to post he could not avail ‘free of cost accommodation as and when such accommodation was asked for, prompt booking, good customer service’. It is also observed by this Forum that it is very common practice of many reputed companies to allure consumers by tendering lots of lucrative offers but ultimately to deprive the consumers, who are in many cases ordinary prudent persons with reasons, which have not been disclosed initially. In the instant case o.ps. have done th same towards the complainant / consumer. Therefore, we are of the opinion that o.ps. have committed deficiency in rendering service to the complainant and for that inaction of the o.ps. the complaian nt h as to suffer immense harassment and mental agony.
It is needed to be mentioned that complainant has prayed for direction upon the o.ps. to pay Rs.1,20,000/- as this amount was expensed by the complainant for tour of the complainant with his wife. But, in this regard we are of the opinion that o.ps. are not liable to repay this amount but o.ps. are liable to pay back the amount, which was received by them and also liable to pay compensation to the complainant for harassment and mental agony of the complainant.
Hence, ordered,
That the case is allowed on contest with cost against all o.ps. All the o.ps. are jointly and/or severally directed to pay Rs.60,000/- (Rupees sixty thousand) only and also to pay Rs.50,000/- (Rupees fifty thousand) only as compensation for harassment and mental agony and Rs.10,000/- (Rupees ten thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% 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.
