a) Opposite Parties be directed to refund the amount of Rs.85,000/- alongwith interest @ 18% per annum and also directed the Opposite Parties to pay Rs.10,000/- as damages/ compensation to the complainant besides costs of litigation or any other relief to which this Forum may deem fit be also granted. Hence, this complaint.
2. Upon notice, Sh.Ashok Kalia, Advocate appeared on behalf of Opposite Parties on 12.6.2017 but despite seeking opportunities time and again, the written version by Opposite Parties not filed. Period of 45 days from the date of service for filing written version has elapsed. There is no justification for further adjournment. However, in view of the judgement of the Hon’ble Supreme Court of India in Civil Appeal D.No.2365 of 2017 titled as Reliance General Insurance Co.Ltd.and anothers Vs. M/s.Mampee Timber and Hardwares Pvt.Ltd. and another, the time for filing written version by the Opposite Parties was extended and opposite parties were allowed to file written version on 7.7.2017 subject to costs of payment, but on the fixed date, neither the cost paid, nor the written reply was filed by the Opposite Parties, rather the opposite party filed application for extension of time for filing written version beyond 45 days. Perusal of the file shows that time for filing written version beyond 45 days had already been extended on the last date of hearing. It is made clear that only one version adjournment was granted to the opposite party for filing written version beyond 45 days. As such, no further time was extended for filing written version. Since opposite party has failed to file written version despite taking extended for filing written beyond 45 days, as such, right of the opposite party for filing written version stands forfeited.
3. In their bid to prove the case, complainants tendered into evidence affidavit Ex.CW1/A in support of the allegations made in the complaint and also produced copies of documents Ex.C1 to Ex.C 5 and closed their evidence.
4. On the other hand, to rebut the evidence of the complainant, the Opposite Parties tendered into evidence the affidavit of Sh.Bharat Reddy, Legal Officer Ex.OP1,2/1 and closed the evidence on behalf of the Opposite Parties.
5. We have heard the ld.counsel for the parties and have carefully gone through the evidence on record.
6. The complainants have submitted affidavit Ex.CW1/A of Satinder Singh, complainant No.2 in which they have reiterated the facts as detailed in the complaint and contended that the complainants visited Trillium Mall, Amritsar where the office of Opposite Party is located at the 3rd floor in the first week of October, 2016 and the complainants were persuaded by the representatives of the Opposite Party to be the members of their club/ company for having wonderful vacations at different situations and keeping robust health and once the complainant came in contact with the agents of the Opposite Party, they were contacted time and again on their mobile number and were persuaded to take a hasty decision for being the members of their company by initially depositing a sum of Rs.85,000/- and on their repeated persuasions, the complainants were taken by their honey tongue and deposited the said amount with Opposite Party and they were made to sign an agreement on 11.10.2016 the contents of which were never read over and explained to them and the officials of Opposite Party assured the complainants that they would get the requisite documents for enabling them to avail the vacations at different destinations at nominal rates. The complainants were made to enter a vacation plan agreement and club membership/ Gym membership. The complainant had given membership of country vacations/ fitness centre by local agent namely Baljinder Singh, T.O.Manager, at Amritsar branch and on the instructions and assurance for providing services as mentioned in the brochure as well as hand written notes explaining the facilities provided to the complainants by the Manager of the Opposite Party for the facility of life long membership of country club fitness at Trillium Mall, Amritsar with the facilities of full equipped gym, personal training, weight loss, Aerobic Cardio, yoga, zumba classes and accordingly, the said Manager of Opposite Party took the signatures of the complainants on one printed paper and on stamp paper 11.10.2016 and accordingly, the complainant made payment of Rs.85,000/- as membership fee out of Rs.1,85,000/-. In the agreement, it was mentioned that the complainants can cancel the membership and seek refund of the money invested with the Opposite Party within a period of 10-15 days from the date of execution of the agreement. The complainants had conveyed through e-mail dated 12.10.2016 for seeking refund of the hard earned money of the complainants, but no satisfactory reply was sent by the Opposite Party nor the request of the complainant was taken into consideration by the official of the Opposite Party. Again reminders were sent for seeking request for refund of advance money and cancellation of membership through e-mails dated 27.10.2016 and 21.11.2016 sent to 7. On the other hand, the Opposite Parties despite appearance through counsel, has failed to file the written version despite taking extended time for filing written beyond 45 days, as such, right of the opposite party for filing written version stands forfeited. But however, through affidavit of Sh.Bharat Reddy, Legal Officer Ex.OP1,2/1, the Opposite Parties have repelled the aforesaid contention of the ld.counsel for the complainant, but said affidavit of the legal officer of Opposite Parties can not be admitted as gospel truth without the written version of the Opposite Parties. However, in the affidavit, the Opposite Parties took the plea that no club membership/ gym membership was ever entered into between the complainants and Opposite Parties. The period of vacation membership was for 30 years. The complainant and her husband opted for present Blue Season vacation membership as it suited their requirement and pocket and accordingly entered into an agreement dated 11.10.2016 with Opposite Parties titled as Purchase Agreement for Vacation Membership and the same was signed by Balwinder Singh, T.O.Manager on behalf of Opposite Parties and as per the clause 23 under the vacation agreement, the complainant could book the holidays between 60 to 45 days in advance. After discussion and negotiations over the membership fee, the complainants agreed to take membership at the price of Rs.1,85,000/-, but at the time of contract, paid only a part payment of Rs.85,000/- out of total membership fee on 11.10.2016 which was towards one time non refundable vacations charges. Further, the broucher of fitness club is available in the office of Opposite Parties at Amritsar like in any other branch, which mentions the facilities- full equipped gym, personal training, weight loss, aerobics, cardio and strength training. Nobody told the complainants orally or in writing that the complainants can cancel the membership and seek refund of money invested within a period of 10-15 days from the date of execution of agreement. It is not disputed that the complainants have deposited Rs.85,000/- with the Opposite Parties i.e. part payment out of total agreed amount of Rs.1,85,000/-. Perusal of e-mail record Ex.C3 and Ex.C4 shows that the complainant made requests time and again to the Opposite Parties for the refund of the amount i.e. on 12.10.2016 and thereafter on 27.10.2016 i.e. sent through e-mail 8. Consequently, we direct the Opposite Parties to refund the amount of Rs.85,000/- to the complainants within 30 days from the date of passing of the order, failing which, the awarded amount shall carry interest @ 6% per annum from the date of passing of order until full and final recovery. Opposite Parties are also directed to pay to the complainants a sum of Rs.5,000/- on account of compensation for causing them mental tension and harassment besides Rs.2,000/- as costs of litigation. Copies of the order be furnished to the parties free of costs. File is ordered to be consigned to the record room. Case could not be disposed of within the stipulated period due to heavy pendency of the cases in this Forum.
Announced in Open Forum
