COMPLAINT FILED ON:11.07.2011
DISPOSED ON: 03.11.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
3rd NOVEMBER- 2011
PRESENT :- SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI.M.MUNIYAPPA MEMBER
COMPLAINT NO. 1272/2011
COMPLAINANTS | 1. CA Ajay Kumar Chalasani Flat No.105, Sai Srinivasa Apartments Shiva Ganga Layout, Behind More Mega Store, Mahadevapura, Bangalore-560 048. 2. CA Remya S Nath W/o CA Ajay Kumar Chalasani. (Adv: K.G.Prathap Kumar) Vs. |
OPPOSITE PARTY | Country Vacations, Unit of Country Club India Ltd, No.4, 1st and 3rd Floors, S.V.Towers, Krishnanagar Industrial Layout, D.R.C.Post, Hosur Road, In between Christ College and Forum, Kormangala, Bangalore- 560 029. Placed Ex-parte. |
O R D E R
SMT. M. YASHODHAMMA, MEMBER
This is a Complaint filed by the Complainant U/S. 12 of Consumer Protection Act of 1986 by the complainants seeking direction to the Opposite party (herein after called as O.P) to refund membership fees of Rs.80,000/- along with interest on the allegations of deficiency in service on the part of OP.
2. The brief averments made in the complaint are as follows:
The complainants were informed by the executives of OP that the complainants have been selected as a winner in their lucky dip and asked to come and collect the gift. Accordingly, complainants being a husband and wife went to OP’s office at Sarjapur on 25.06.2011. Complainants filled up the lucky draw coupon during their visit to total mall at Doddanekundi on 18.06.2011; hence, complainant decided to visit prize distribution centre. When they reached the venue complainants were directed to the Office of Op and subjected to presentation on country vacation’s Schemes by Mr.Sunil J and Ms.Sravani for about an hour and half. Many families were present there and were canvassed by group of marketing executives. Complainant enquired about the prize distribution ceremony. OP replied that it is nothing but the presentation talk. The Scheme was presented with lots of persuasion and convincing; Complainants were forced to sign the agreement at the earliest saying that the “Special offer at discounted price available only for 19 families. Though the complainants disclosed that both of them are employed, Op took the declaration from the 2nd complainant that she is a house wife and allowed extra 12% discount. Complainant signed the purchase agreement for a sum of Rs.80,000/-. Rs.78,000/- paid through credit card and Rs.2,000/- in cash for studio (2+2) Scheme yearly 7 + 7 days vacation in India plus 3 Asian Countries at free of cost accommodation. Complainants were promised with gift voucher of Rs.10,000/-, 30 coupons to be used at any Spa in India. Temporary membership card was promised to be couriered to the address of the complainant. After verifying the documents complainants come to know that clauses of the agreement were not as per the presentation talk. Suspecting genuineness of the Scheme complainants searched in internet and found that members of OP described the OP company as a cheaters and fraudulent.
On 26.06.2011 complainants visited the Office of OP and enquired about the agreement clauses. The executives gave different replies. Complainants felt that they were trapped. Hence complainants decided to cancel the agreement Mr.Sunil, executive informed the complainants that agreement is cancellable at the cost of 80% of the amount paid that too after two years. On 27.06.2011 complainants sent an email to OP for cancellation of agreement. There was no response. On 28.06.2011 OP confirmed the receipt of the application and allotment of membership. Complainants not provided with gift vouchers of Rs.10,000/-. Hence complainants felt deficiency in service against OP. Under the circumstances, they are advised to file this complaint against OP for the necessary relief.
3. After registration of the complaint notice is sent to OP. In spite of service of notice, OP remained absent without any sufficient reason or cause. Hence OP is placed ex-parte.
4. Heard from complainant’s side.
5. We have gone through the complaints averments, documents produced and unchallenged affidavit evidence of the complainants. The complainants were informed to come and collect the prize in lucky draw but there was no prize distribution ceremony. Complainants were subjected to presentation Scheme offered by the executives of OP Mr.Sunil J and Ms.Sravani for about 1½ hours. Complainants with lot of persuasion forced to sign the agreement dt.25.06.2011. Complainants paid Rs.80,000/- to OP. Rs.78,000/- through credit card and Rs.2,000/- by way of cash for studio (2 + 2) Scheme and assured yearly 7 days vacation in India and 3 Asian countries free of cost, accommodation gift voucher worth of Rs.10,000/- 30 coupons every year. The receipts issued by OP are produced. After receipt of the document complainants found that the clauses of the agreement not in accordance with the promise made. When complainants searched in the internet they come to know that OP has cheated its members. Hence, complainants sought for cancellation of agreement through email dt.27.06.2011. The executive of OP Mr.Sunil informed the complainants that agreement is cancellable at the cost of 80 % paid by the complainants after two years. There was no reply to email. OP failed to issue gift voucher worth of Rs.10,000/- and Spa Coupons. Hence complainants approached this Forum.
There is no reason to disbelieve the complaint averments, unchallenged affidavit evidence of the complaints and documents produced. The very fact of OP remaining ex-parte leads us to draw an inference that Op admits all the allegations made by the complainants. There is no justification on the part of OP in not refunding the amount in spite of repeated requests and emails. Hence, it becomes clear that Op accepted Rs.80,000/- from the complainants and agreement was not as per the discussion made in the presentation Scheme. OP failed to issue Spa coupons and gift voucher worth of Rs.10,000/- OP failed to reply to the email dt.29.06.2011 for cancellation of membership and to refund the amount. This act of OP neither repaying the amount nor replying to the email amounts to deficiency in service on its part. Under the circumstances, we are of the considered view that the complainants are entitled for refund of membership fees of Rs.80,000/- along with interest at 12% p.a. from the date of respective payments and litigation cost of Rs.2,000/-. Accordingly we proceed to pass the following:
O R D E R
The complaint filed by the complainants is allowed in part.
OP is directed to refund Rs.80,000/- being the membership fees together with interest at 12% p.a. from 27.06.2011 till realization and pay litigation costs of Rs.2,000/- to the complainants.
This order is to be complied within four weeks from the date of its communication.
Send the copy of this order both to the parties free of cost.
(Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 3rd day of November-2011.)
MEMBER MEMBER PRESIDENT
CS.
