Consumer Case No.179/S/2014

Order No.13.

Dt.11.03.16.                The record is put-up for ex-parte order.

                                    The complainants’ case is that they are the permanent resident of Pasupati Rod, Durgagari, Darjeeling More, P.O. & P.S.- Pradhan Nagar, Dist.- Darjeeling, Pin – 734 003.  The OPs are in a Country Vacations (A Division of Country Club India Ltd.), 6-3-1219, Begumpati, Hyderabad – 500 016 having its Registered office at Amrutha Castle, 5-9-16, Saifabad, Opposite Secretarial, Hyderabad – 500063 and also having its Branch Office at Malhotra Towers, 4^th Floor, H.C. Road, Pradhan Nagar, Near Biswadeep, P.O. & P.S.- Pradhan Nagar, Dist.- Darjeeling, W.B., Pin- 734 003.  The OPs have been dealing with the Country Vacations International Holiday Club Membership and granting membership in that status of purchaser of Club to those persons or parties who desires to become member of the company as the company is engaged in hospitality business, operating clubs, Hotel and Resorts and Marketing of club and Vacations membership. 

That the complainant agreed ad entered in the Country Vacations International Holiday Club Membership Purchase agreement with the OP Company being contract no.DT164#0120 dated 17.06.2012 under certain terms and conditions after making payment of Rs.72,000/- in cash on account of membership purchase price of initial amount of Rs.72,000/- vacations packages of the said company/OP on the said date of agreement being contract no. as above dated 17.06.2012. 

Thereafter, the complainant also paid sum of Rs.28,000/- only on 06.05.2014 to the said company towards the Admin/Subscription 2012-2017.  Thereafter, the petitioner went to the office of the OP and requested to provide them tour package on 15.11.2012, 14.12.2013 and lastly on 06.05.2014 by telephone as well as personally approaching.  The OPs have not provided the deal package of vacation to the petitioners throughout this long period of more than 2½ years in violation of the terms and conditions laid down in the aforesaid agreement.

The complainant requested the OP o refund back the whole amount i.e., Rs.1,00,000/-, along with the accrued interest thereon, but the OPs refused to pay back the said amount.

That the cause of action arose on 17.06.2012, when on the inducement of the OP, the petitioner entered into and signed the agreement as noted above and on 15.11.2012, 14.12.2013 and 06.05.2014 when on booking on phone or on

Contd......P/2

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personal approach by the petitioner, the OP intentionally neglected and refused to provide the Holiday Packages continuously three vacation years from 2012, 2013 and 2014.  The complainant observed foul plying, malafide intention on the part of the OP for not providing the entitled packages to the petitioner.  In the prayer the complainant has prayed for passing necessary order or directing the OP to refund or pay back Rs.(72,000/- + 28,000/-) = Rs.1,00,000/-, along with accrued interest plus cost of litigation to the petitioner.           

OPs did not contest the case.  So, the case heard ex-parte. 

The complainant has filed the following documents :

1. Country Vacations International Holiday Club Membership Purchase Agreement.
2. Particulars of the Club and Vacation Membership, Terms & Conditions (Annexure-II) and Convenants of Purchaser (Annexure-III).
3.  Some Payment Receipts. 

There is nothing to disbelieve the case of the complainant as per his documents and evidence in chief.  So, the case succeeds exparte.

Complainant has prayed for Rs.72,000/- for Membership Package price and Rs.28,000/- for Admin/Subscription, along with accrued interest. 

But from the record as well as money receipts submitted by complainant, it is seen that complainant has paid Rs.45,000/- for Membership fee and Rs.28,000/- for Admin/Subscription.  Therefore, the complainant is entitled to get Rs.(45,000/- + 28,000/-) = Rs.73,000/- for refund of Membership fee and Admin/Subscription.

The complainant is further entitled to get interest @ 9% per annum on the awarded sum of Rs.73,000/- from the date of this order till realization. 

The complainant is further entitled to get Rs.5,000/- towards litigation cost. 

Hence, it is

                                                         O R D E R E D

that the Consumer Case No.179/S/2014 is allowed ex-parte against the OPs with cost.

Therefore, the complainant is entitled to get Rs.(45,000/- + 28,000/-) = Rs.73,000/- for refund of Membership fee and Admin/Subscription from the OPs.

Contd......P/3

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The complainant is further entitled to get interest @ 9% per annum on the awarded sum of Rs.73,000/- from the date of filing of this case till realization from the OPs.

The complainant is further entitled to get Rs.5,000/- towards litigation cost from the OPs.

The OPs, who are jointly and severally liable, are directed to pay Rs.73,000/- by issuing an account payee cheque in favour of the complainant for refund of Membership fee and Admin/Subscription within 45 days from the date of this order.

The OPs, who are jointly and severally liable, are further directed to pay 9% interest on the sum of Rs.73,000/- from the date of this order till realization by issuing an account payee cheque in favour of the complainant within 45 days from the date of this order.

The OPs, who are jointly and severally liable, are further directed to pay Rs.5,000/- towards litigation cost by issuing an account payee cheque in favour of the complainant within 45 days from the date of this order.

In case of default of payment, the complainant is further entitled to get interest @ 9% per annum on the awarded sum from the date of filing of this case till full realization. 

In case of default, the complainant is at liberty to execute this order through this Forum as per law. 

Copies of this judgment be supplied to the parties free of cost.