Order No. 19 dt. 26/10/2017
The case of the complainants in brief is that the complainants purchased membership from the o.p.. for a consideration of Rs.3,12,000/-. At the time of selling the membership the executive of the o.p. offered the complainants with many services. The complainants were further informed that they will be given 50% discount on flight tickets, free airport transport, free breakfast etc. At the time of execution of the agreement there was no whisper of any discount in respect of those facilities. The complainants no.2 first bought three tickets for themselves and their grandchild for Dubai and informed the o.p. their plan to avail Dubai Holiday service. The complainants were informed by the o.p. that they will provide such service but on payment of Rs.18,000/- which was later came down to Rs.12,487/- when the complainants demanded written reply in respect of the said matter. The complainants thereafter sent a letter but no communication was received from the o.p.. Since the complainants wer deceived by the o.p. the complainants filed the case praying for refund of the amount of Rs.3,12,000/- and compensation of Rs. 11,50,000/- as well as litigation cost of Rs.50,000/-.
The o.p. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainants were informed regarding the facilities to be enjoyed by the complainants after becoming the member. After knowing the entire fact the complainants agreed voluntarily and took the membership spontaneously. The complainants failed to pay the subscription, therefore the services as sought for by the complainants could not be provided. It was also stated that o.p. were never approached by the complainants for any service. The complainants by manufacturing the false allegations against the o.p. filed this case and there was no deficiency in service on the part of o.p. and thereby o.p. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainants were approached by o.p.. for becoming the member of the club of o.p..?
- Whether the complainants paid the amount of Rs.3,12,000/- to o.p..?
- Whether the complainants were allured by o.p.. for providing different facilities?
- Whether there was any deficiency in service on the part of o.p..?
- Whether the complainants will be entitled to get the 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.
Ld. lawyer for the complainants argued that complainants purchased membership from the o.p.. for a consideration of Rs.3,12,000/-. At the time of selling the membership the executive of the o.p. offered the complainants with many services. The complainantss were further informed that they will be given 50% discount on flight tickets, free airport transport, free breakfast etc. At the time of execution of the agreement there was no whisper of any discount in respect of those facilities. The complainants no.2 first bought three tickets for themselves and their grandchild for Dubai and informed the o.p. their plan to avail Dubai Holiday service. The complainants were informed by the o.p. that they will provide such service but on payment of Rs.18,000/- which was later came down to Rs.12,487/- when the complainants demanded written reply in respect of the said matter. The complainants thereafter sent a letter but no communication was received from the o.p.. Since the complainants was deceived by the o.p. the complainants filed the case praying for refund of the amount of Rs.3,12,000/- and compensation of Rs. 11,50,000/- as well as litigation cost of Rs.50,000/-.
Ld. lawyer for the o.p.. argued that the complainants were informed regarding the facilities to be enjoyed by the complainants after becoming the member. After knowing the entire fact the complainants agreed voluntarily and took the membership spontaneously. The complainants failed to pay the subscription, therefore the services as sought for by the complainants could not be provided. It was also stated that o.p. were never approached by the complainants for any service. The complainants by manufacturing the false allegations against the o.p. filed this case and there was no deficiency in service on the part of o.p. and thereby o.p. prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that the complainants were first approached by o.p. with the enticement of providing facilities including giving free vacations in Dubai for two days and 3 nights. The complainants were further informed that they will be given 50% discount on flight tickets, free airport transport, free breakfast etc. At the time of execution of the agreement there was no whisper of any discount in respect of those facilities. The complainant no.2 first bought three tickets for themselves and their grandchild for Dubai and informed the o.p. their plan to avail Dubai Holiday service. The complainants were informed by the o.p. that they will provide such service but on payment of Rs.18,000/- which was later came down to Rs.12,487/- when the complainants demanded written reply in respect of the said matter. free It is also an admitted fact that the complainants approached the o.p. for an accommodation for which the o.p. charged more than expected market rate denying the promise made by the o.p. to the complainants for providing accommodation. It is usual practice of the o.p. to entice the public by making false promise that they will be provided with various facilities after obtaining membership and allured with the facilities including providing of free accommodation, subsidized rate of hotel charges and other benefits. Generally after hearing of these facilities and being approached by o.p.. to take the membership o.p.. asked the parties to sign on some documents and also pay the cheque and the cheque is encashed within a shortwhile so that the parties cannot change their mind subsequently. In such manner they deceived the parties.
Here in this case same thing happened. There are lots of cases pending before this Forum and other Fora also making same allegations against the o.p.. and o.p.. take the same plea that the parties generally after going though the terms and conditions of the agreement put their signature and since the agreement itself is binding upon the parties and therefore no allegation can be entertained by the parties against the o.p.. The complainants were allured in such manner as has been described in the petition of complaint as well as in the evidence. It was beyond the scope of the complainants to understand that they are going to be deceived by o.p.. The o.p.. generally make target to the senior citizens whenever visited shopping malls, big cinema halls, etc. where they lay trap upon the public and make false promises and entice the parties in such manner. It is also found from the materials on record that the complainants were allured and they were misled by o.p. and took the money and afterwards no facility was provided, whenever the complainants lodged protest the same was not entertained, thereby the complainants had no other alternative but to file this case before this Forum praying for reliefs. In view of such facts and circumstances of the case we hold that o.p.. are in the habit of making such false assurance to the members and accordingly we hold that the complainants will be entitled to get the relief as prayed for as there was deficiency in service on the part of o.p.. Thus all the points are disposed of accordingly.
Hence, ordered,
that the CC No.315/2014 is allowed on contest with cost against the o.p. The o.p.. are jointly and/or severally directed to pay a sum of Rs.3,12,000/- (Rupees three lakh twelve thousand) only to the complainants along with compensation of Rs.50,000/- (Rupees fifty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five 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 complainants till full realization.
Supply certified copy of this order to the parties free of cost.
