Order No. 17 dt. 27/07/2017
The case of the complainant in brief is that the complainant was called by telephone by one Mr. Amit of the o.p. 1 company informing the complainant for receiving a free gift of holiday voucher worth Rs. 25,000/-. Believing the said offer to be true the complainants visited the office of the o.p.s whereby the complainant was allured by the company to provide holiday facilities and schemes. The complainant and his wife were asked to sign 2 agreement papaers as a formality for receiving the payment from the complainants as the cost of vacation facilities. The o.p.s did not give any opportunity to the complainants to go through the clauses of the agreements. When the complainant asked for clarification from the o.p.s they presented a calculation of the said cost of Rs. 1,50,000/-and they also offered a discount of Rs. 25,000/- and asked for payment of the holiday cost. On the basis of the said fact the complainant 1 paid Rs. 1,00,000/- from their savings bank A/C. After some days the complainant received a letter from the o.p.s whereby it was mentioned that Rs. 85,00,000/- and Rs. 10,000/- as receipt towards membership. The o.p.s also claimed further amount of Rs. 43,500/- within 45 days. The complainant 1 wanted to get clarification from the o.p.s but the reply given by o.p.s was not in conformity with the assurance given by the o.p.s. Realizing the fact that fact that the complainants were deceived by the o.p.s for which they demanded the amount paid by them to the tune of Rs. 1,00,000/- but no effective step was taken by the o.p.s. In view of the said fact the complainants filed this case praying for direction upon the o.p.s to refund the amount of Rs. 1,00,000/-, compensation of Rs. 50,000/- and litigation cost of Rs. 50,000/-.
O.p.s entered their appearance in this case by filing w/v and denied all the material allegations of the complaint. It was stated that Country India Ltd. is developed and promoted by Country Club India Ltd. having business of Holiday Club resorts providing membership of the same to its intending members. The complainants willfully and voluntarily took the membership of the club by paying price of Rs. 1,01,000/- and put their respective signature on the agreement. The complainants were informed by the o.p.s that they have received Rs. 85,000/- out of Rs. 1,00,000/- from complainant and further claim of Rs. 35,000/- and Rs. 8,000/- (Annual Maintenance Charge). The o.p.s did not commit any unfair trade practice and deficiency in service on their part for which the o.p.s prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided :
- Whether the complainant 1 was approached by the o.p.s byh offering gift to him ?
- Whether the complainant paid Rs. 1,00,000/- to the o.p.s ?
- Whether the o.p.s demanded further money without providing any facilities to the complainant ?
- Whether there was any unfair trade practice on the part of the o.p.s ?
Decision with reasons:-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. lawyer for the complainants argued that the complainants on the basis of the assurance given by o.p.s that they would be provided by accommodation and also they will make arrangement for various programme of the club and allured the complainants in such manner the complainants had to accept the membership but subsequently with the passing of days, months, etc. the complainants found that no programme was organized and no activities were found on the basis of the o.p.s, moreover complainants were not provided any accommodation for their stay without payment of any cost. The o.p. never organized any tour programme and when asked as to why the complainants were not provided with the facility as assured by o.p. to which o.p. told the complainants that hidden cost were involved and for lodging and also for availing of the tourist places complainants will have to pay the charges. The complainants wrote several letters to o.p. but no reply was given. Being dissatisfied with the non performance and for creating false assurance by o.p.s the complainant demanded the amount to which o.p. denied for which complainant had to file this case praying for relief.
Ld. lawyer for the o.p.s argued that the complainants had entered into an agreement with o.p. and accepted the membership on their accord and no influence or coercion were exercised and once the complainants entered into the agreement complainants cannot deviate from the said agreement and the same is binding upon the complainants. Apart from the said fact o.p. is not travel agency or they do not organize any programme and whenever complainants being educated persons entered into the said agreement they were fully aware regarding the function of the said club, subsequently by raising false allegation against the o.p. cannot be believed and in order to squeeze the money from o.p.s such false case was filed.
Considering the submissions of the respective parties it appears in most of the cases which are pending against the o.p.s in this Forum there are same allegations against the o.p.s that they influenced the parties in such manner by alluring them for providing with accommodation in big cities without payment of any charge after acceptance of membership and other benefits are also assured and with the enticement of such assurance the parties are enticed to accept the membership. Most of the cases it is found that he senior citizens are the target of o.p.s and by taking advantage on their advance age and after coming to know the status of the parties o.p.s gives false promise to the parties by showing them some places of interest in big cities where they have their own guest houses which will be provided to the members for their short stay by providing all sorts of amenities but ultimately no such facilities are provided and also assures the parties to organize different programmes with the active participation of members but no such programme ever held by o.p.s. By such misdeed on the part of the o.p. itself creates confusion in the mind of the members and most of the cases the members pray for return of the amount paid by them including the cost of mental agony and litigation expenses. From the materials on record and the evidence adduced by the parties it appears that ld. lawyer for the o.p. no.2 emphasized that no document was filed by the complainants but on perusal of the record we find that the complainants filed the original documents including the agreement entered into with o.p.s. As such the argument advanced by ld. lawyer for o.p. no. 2 cannot be accepted. From the facts and circumstances of the case it is crystal clear that the same thing had happened and the complainant no. 1 is a retired person and the complainant no. 2 is the wife and they jointly filed this case with the same allegation that they were not provided with any accommodation or any programme was organized by o.p.s within the several months of acceptance of the membership though assured by o.p.s, it is also found from materials on record that in order to deceive the complainants the o.p.s further demanded money from the complainants. Realizing the fact that they have been deceived the complainant no. 1 demanded the money paid by him but no effective step was taken by the o.p.s for refund of the said amount. On the basis of the materials on record we hold that there was deficiency in service on the part of the o.p.s and also unfair trade practice committed by o.p.s and as such, the complainants will be entitled to get the relief as prayed for.
Thus all the points are disposed of accordingly.
Hence,
ordered,
that the Case no. 412/2014 is allowed on contest with cost against the o.p.s. The o.p.s are jointly and/or severally directed to refund the complainants a sum of Rs.1,00,000/- (Rupees one lakh) only along with compensation of Rs.30,000/- (Rupees thirty thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of the order to the parties free of cost.
