In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.308/2011
1) Ajay Singh Shekhawat and Nilanjana Singh,
Flat-GB, Chittranjan Apt, Premises-139,
Majumdar Para, Motilal Colony,
PO. Italgacha, Near Kali Mandir and Masjid,
Airport Gate No.01, Kolkata-79 ---------- Complainants
---Versus---
1) Country Vacations (A division of Country Club India Ltd.),
86B/2, 1st Floor, Gajraj Chembers,
Topsia Road, PS. Topsia, Kolkata-39. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 14 Dated 26/09/2012.
The petition of complaint has been filed by the complainant Ajay Singh Shekhawat and Nilanjana Singh against the o.p. Country Vacations. The case of the complainants in short is that complainants took Country Vacation Membership and paid them Rs.1,05,000/- on 19.2.10 for the same. During that time, they promised complainants of giving many facilities under this membership. But after getting full payment, they refused to provide all these facilities and always made different execuses. Because of this complainants went through lots of harassment and mental agony by coming again and again to their office to meet their officer-in-charge, who most of the time found out of station and made complainants to wait for long time, when complainants call to their head office and regional office, usually they did not pick the call and hold for long times without any reply. These all caused complainants loss of money and complainants lost trust from this organization.
Further case of the complainants is that during allotting membership, o.p. told complainants that they were having their Club House in Bose Pokur and in Rajarhat which would be opened by
April 2010, there complainants can get facilities of Gym, swimming, indoor games and can get free Spa treatments, but there was no Club House has opened till August 2011. Whenever complainants asked o.p. for this, they gave excuses like its going to be opened in next one or two months, but it never opened.
Further case of the complainants is that o.p. told them in that all their resorts and hotels, they used to allot to their members for vacations were of atleast five-star rating. On taking their membership, they give complainants one Complimentary Holiday Voucher for 7 days to check their facility. But when complainants requested them to make their accommodation booking in Manali to utilize that voucher, o.p. booked a hotel named Sitara International, Manali that hardly had any star rating and also charge me Rs.5250/- as service charge which was almost same as the charges of staying there for 5 days. Complainants further stated that during signing their membership agreement, they told complainants to pay extra R.4000/- annually as maintenance charge, but just after 4-5 months they increased it to Rs.6000/-, whereas in the agreement also they mentioned Rs.4000/- as yarfly maintenance charge. Hence the case was filed by complainants with the prayer contained in the petition of complaint.
O.p. did not contest the case by filing w/v and as such, matter has been heard ex parte as against o.p.
Decision with reasons:
We have gone through the pleadings of the complainant, evidence and documents in particular and we find that the evidence adduced by complainant has remained unchallenged, so it remains testimony and we have no reason to disbelieve the case of the complainant. We find on perusal of the entire materials on record and evidence in particular as well as annexures that o.p. had sufficient deficiencies being a service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the petition of complaint is allowed ex parte with cost against o.p. O.p. is directed to refund Rs.1,05,000/- (Rupees one lakh five thousand) only together with interest @ 9% p.a. from the date of payment till the date of realization and is further directed to pay compensation Rs.7000/- (Rupees seven thousand) only for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three 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.
