In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.134/2010
1) Sri Paran Krishna De and
2) Smt. Aruna De
Flat No. T/8, Cluster-VIII, Purbachal
Salt Lake City, Sector-III, Kolkata-97, P.S. Bidhannagar (South). ---------- Complainant s
---Versus---
1) Country Vacation
[A Dision of Country Club (India) Ltd.]
86/B/2. 1st Floor, Gajraj Chambers, Park Circus Connector,
Topsia Road, Kolkata-46, P.S. Topsia.
2) Country Club India Ltd. (CCIL),
6-3-1219, Begumpet, Hyderabad-500016.
3) The Branch Manager, HDFC Bank Ltd.
BB-22, Salt Lake City, Sector-I, Kolkata-64, P.S. Bidhannagar (North).
4) The Manager, HDFC Bank Card Division.
Thiruvanmiyur, P.S. Chennai-600041. ---------- Opposite Parties.
Present : Sri Sankar Nath Das, President.
Smt. Sharmi Basu, Member
Order No. 26 Dated 31/12/2012.
Smt. S. Basu, Member
In a nutshell the case of the complainants in short is that complainants being allured by the attractive offer of the o.p. company, complainants accepted the same and paid Rs.75,000/- through HDFC Credit Card on 4.3.10 at Kolkata office of the o.p. company. O.p. assured that within 15 days they would serve the country vacation card, but till the date of filing the instant case o.ps. did not serve the same. Thereafter, due to illness of one of the complainants they applied on 23.3.10 for the cancellation of membership and requested to refund Rs.75,000/- which they have paid on 4.3.10. Moreover, it was known to the complainants that there was no agreement between HDFC Bank and o.p. company though o.p. assured about that agreement.
After repeated requests o.p. did not pay heed to the request of the complainants nor refunded the registration fees. Hence the case was filed by complainant with the prayer contained in the petition of complaint.
O.ps had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and it is observed by this Forum that HDFC Bank, o.p. nos.3 and 4 are not liable for any deficiency in rendering service towards the consumer / complainants being service provider and so they have no responsibility to compensate the complainants. It appears that the grievance of the complainants is genuine. Country Club of India in order to attract people offered some benefits which interalia stated that life membership would be granted on payment through HDFC Credit Card with 36 EMIs and that membership included direct access to all country club network and free membership of Moksha-The Health Spa. It is also beyond doubt that the complainant paid Rs.75,000/- through from credit card of HDFC towards life membership of Country Club of India. This sufficiently justifies his benefit for a membership of the o.ps. O.ps. could not establish that they have supplied the membership card as they had assured to the complainants at the time of offering the membership in question.
Being disappointed complainants decided to withdraw his membership and this is very natural for sensitive persons to de-link their tie-up with an organization of apprehension of dishonour and future disturbances. But after exhaustion from pillar to post complainants could not receive the membership charges amounting to Rs.75,000/- from the o.ps. Considering the facts and circumstances we are of the opinion that there is definite deficiency of service on the part of the o.ps. being service provider and the complainants who are consumers on payment of consideration is entitled to get relief.
Hence, ordered,
That the case is allowed on contest with cost against o.p. nos.1 and 2 and without cost against o.p. nos.3 and 4. O.p. nos.1 and 2 are jointly and /or severally directed to refund the amount of Rs.75,000/- (Rupees seventy five thousand) only through of HDFC Bank of the complainants and are further directed to pay compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five 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.
