Order No.   19    Dated   04/02/2015.

          The case of the complainant in short is that complainant was invited on 30.7.12 by o.p. to attend a presentation of their club services. On 8.7.12 o.p’s representative insisted him to take membership with their club on payment of Rs.55,000/- and Rs.10,000/- as membership fee. O.p. offered him a discount and assured him that they would provide accommodation for his immediate tour in Garwal in Uttarakhand. A senior representative of o.p. namely Mr. Parag Adhikary took full responsibility for the booking and accordingly, he sent e-mail informing the schedule of journey. Thereafter, Mr. Adhikary assured the complainant that the booking was in progress. All on a sudden complainant could not contact with Mr. Adhikary. Then complainant enquired about the matter to the Customer Care Deptt. of o.p. and he was astonished to know that neither such booking had been made nor any progress monitored by o.p. Complainant was totally shattered and ran from pillar to post to get last minute reservation but in vain.  Then complainant sent a letter to o.p. at their head office on 20.11.12 stating the deficiency in service on their part. But o.p. did not pay any heed. Therefore, the application praying for refund of money deposited to o.p. along with compensation and cost.

            Sole o.p. appeared in this case by filing w/v and denied all the material allegations interalia stated that complainant was invited for a demonstration and after being completely satisfied with the norms, rules, terms and conditions of o.p., he willfully and without any coercion or undue influence signed the Country Vacation International Holiday Club Membership Purchase Agreement with o.p. on 31.7.12. Complainant duly signed the said contract with his consent after reading and understanding each and every contents of the said agreement. Mr. Parag Adhikary is working as salesman. For any booking, members need to approach o.p’s official website and phone number which is very specifically given in clause 3 of the said agreement. Complainant did not make any attempt in order to avail the benefits under Country Vacation Membership Plan. Hence, the allegation of being cheated and of deficiency of service and unfair trade practice of o.p. is not maintainable and bad in law. The allegation is made with a malafide intention and does not tantamount to deficiency in service and therefore, the case is liable to be dismissed inlimini.

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted fact that complainant paid Rs.10,000/- on 31.7.12 and Rs.55,000/- on 6.8.12 to o.p. towards membership fee. It is also admitted fact that accordingly, complainant and o.p. had signed the Country Vacation International Holiday Club Membership Purchase Agreement on 31.7.12. Complainant had stated in his petition that he contacted with one Mr. Parag Adhikary, representative of o.p. to avail the services from o.p. for tour in Garwal, Uttarakhand. But it is clearly stated in the clause 3 of agreement that ‘Holidays booking is to done online (visit www.countryvacationsindia.com click on member login with the user name and password to book your holidays). Phone No.+9140 44067877, 44610000’. Complainant has argued that the agreement was given after payment. So, it is true that o.p. had given the agreement copy to the complainant. Though the booking procedure was clearly stated in the clause 3 of the agreement complainant contacted with Mr. Parag Adhikary. So, complainant communicated with wrong person to avail the services of o.p. No requisition had been come to o.p. Therefore, complainant could not avail of any service of o.p. Complainant approached before wrong persons except the person who is stipulated for the job. It is evident that complainant was impressed by the demonstration of o.p. and for that reason he opted for membership. Complainant had to avail the services following the proper norms. Since the complainant has not opted for any services following the procedure he could not avail the services. So, we find no deficiency in service on the part of o.p.

            Apart from this, the agreement was signed by and between the complainant and Chandra Bose as purchasers with o.p. but complainant has not made Chandra Bose as co-complainant. So, the case suffers from non joinder of necessary party. In view of above, the complainant has not substantiated his case.

            Hence, ordered,

            That the case is dismissed on contest without cost against the o.p.

            Supply certified copy of this order to the parties free of cost.