Dated : - 27^th  July, 2022

Judgement

MRS. MANJUSRI SARKAR CHOWDHURY,                                                MEMBER

FACTS IN BRIEF

           One sale agreement was executed on 16.04.2018 in between petitioner and Opposite Party about Country Vacation Membership, and petitioner paid Rs.2,62,000/- through credit card. Opposite Party granted receipt to that effect. After execution of the said agreement the complainants cancelled the said agreement through email on 22.04.2018 during the cooling off period, for personal difficulties and requested to refund the amount of advance after necessary deduction of Rs.3800/-.

            As per the said sale agreement, Page No.3 Clause No.34 of the terms and conditions in specifically mentioned that “there shall be a cool off period of 10 days from the date of signing the membership agreement during which the agreement can be cancelled by paying a nominal administration charges of Rs.3,800/- to the company.

           Thereafter, several communications by e– mails took place. The complainants through  mails informed  to cancel the agreement, and OP agreed to return back the paid amount after deduction of the administration charge of Rs.3,800/- at the earliest and as per cancellation terms.

           But the Op, failed to refund the amount till date.

           Thereafter, having no other alternative the complainants came to this Commission.

          As the OP did not enter his appearance to contest this case on receipt of the notice issued to them, the instant case was heard ex parte against them.

             Now, the point for determination is whether the complainants are entitled to the relief (s) as prayed for?

                                                                                    DECISION WITH REASONS : -

              The Petitioner prays for a direction on the OP –

1. to return back the amount of Rs.2,58,200/- along with interest @ 18% p.a.
2. to give compensation to the tune of Rs.1,00,000/- for  mental agony and harassment.

During hearing petitioner adduced evidence and also filed documents –

1. Sale agreement.        
2. Payment receipt. 
3. Several e – mail copies. 

           We have considered the evidence and the documents filed by the complainants. We find one sale agreement was made between the complainants and the Op.

           Complainants also paid Rs.2,62,000/- as revealed from the money receipts. Thereafter, on 22.04.2018, complainants cancelled the agreement by email due to his personal difficulties and prays for return of the amount paid by him after necessary deduction as per agreement.

          Clause 34 of the said agreement says that  any such agreement can be cancelled within the cooling off period of 10 days from the date of the agreement, and in that event, OP would refund the entire amount after deduction of a marginal amount of Rs.3,800/-. Hence we find the agreement was made on 16.04.2018 and the prayer for cancellation by email was made on 22.04.2018. So, it is clear that the Prayer for Cancellation was made within the cooling off period.

           We also find that the documents namely, email communication revealed the OP, agreed to make refund but they did not do so. That is why complainants approached this Commission. So, complainants who are found to be Consumers are entitled to get relief(s) in this case.

Hence,               it is

ORDERED

            The instant complaint be and the same is allowed ex parte against the OP.

            OP is directed to pay Rs.2,58,200/- (two lac fifty eight thousand two hundred only) along with interest @ 7% per annum from the filing of this case 16.02.2022, until realization. OP is also directed to Pay Rs.5,000/- (Five thousand rupees only) litigation cost.

            OP to make payment of the said awarded amount within 45 days from the date of this order.

            If the Order is not complied with the OP, the complainants are at liberty to proceed in accordance with law.

Dictated and corrected by me.