In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.70/2013.
1) Mohit Kumar Patra,
412B/1, N.S.C. Bose Road, 1st Floor, above
care-n-cure medical centre, Garia, PS. Patuli, Kolkata-47. ---------- Complainant
---Versus---
1) Lake Land Country Club,
(Unit of Panchwati Holiday Resorts Ltd.),
3A, Auckland Place, 9th Floor, Block-9B,
P.S. Shakespeare Sarani, Kolkata-17. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 6 Dated 25-09-2013.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainant, being a sr. citizen of 67 years old, is a retired engineer, serving under West Bengal State Electricity Board up to 31.3.05, presently residing at our above own flat but without any company’s pension and further employment.
O.p. is a country club being unit of Panchwati Holiday Resorts Ltd., the city office of which is situated at Auckland Place as above.
Lake Land Country Club received from the complainant a sum of Rs.30,000/- by cash on 13.9.09 at their Sales and Marketing Deptt. Off Kona Expressway, PO. Munshidanga, PS. Domjur, Howrah 711403 for allowing membership principally of the complainant’s son Sri Susan Patra and his wife Smt. Manisha Patra and add on membership of the complainant and his wife Smt. Shefali Patra.
Soon after deposition of money as (2) above, taking into consideration that they became members, they visited the unit of the club at Kona Expressway but they o.p. were vehemently humiliated and harassed for want of membership card / proof. Being disgusted with it, complainant declined to become members and requested o9ne Bharti Sharma of Sales and Marketing Deptt. of the club for refunding the deposited money immediately. She advised complainant to apply after Durga Puja 2009 and as per her advice complainant applied on 17/27.10.09 through regd. post for said refund. For kind information, it is mentioned that membership of primary applicants Sri Susan Patra and his wife Smt. Manisha Patra have never been allowed by the said club though the full and final payment for the membership of the club for 10 years has been realized by them on 13.9.09. Complainant repeatedly requested the club for refund. But the club has been intentionally evading refund without any response to their requests. The inefficiency and deficiency of services committed by o.p. have severely hampered their social status, dignity and self value, apart from the considerable financial loss increasing their mental agony day by day for a long time.
After applying for refund of money through regd. post on 17/27.10.09, it was noticed with an utter surprise that temporary membership cards i.r.o. add on members Sri M.K. Patra and Smt. Shefali Patra were issued by one Sri Dipankar Roy, General Manager, Sales and Marketing Deptt. of the club vide letter dt.14.11.09 and sent to the address of Sri Susan Patra, Flat No. G-14, Oikantik Apartment, N-353, B.P.Township, Kolkata-94. These temporary cards were sent back to Mr. Roy vide letter dt.17.1.10 requesting them again to refund deposited money and these temporary cards along with the said letter were received by one Sri Suvendu Chakraborty of the club on 31.1.10 by hand. Again, complainant requested o.p. repeatedly for refund of the deposited money vide letters dt.30.4.10, 26.2.11 and 19.10.11. But o.p. has intentionally ignored the requests without response in any manner. It seems that huge hard earned money of the complainant has been looted by o.p. creating the tremendous mental agony continuously. Finding no other alternative and observing the bad intention and inert attitude on the part of o.p., complainant took shelter of Consumer Affairs Deptt. Govt of W.B. and applied on 14.3.12 for kind intervention towards refund of said deposited money. Consumer Affairs Deptt invited tripartite meeting on 25.4.12. No one of o.p. attended. Again the meeting was scheduled to be held on 12.6.12. This time also nobody of o.p. cared to impose importance to appear. Again Consumer Affairs Deptt. after contacting over telephone and taking assurance of the o.p. fixed the date of meeting on 9.7.12. This time also nobody of o.p. cared to attend. O.p. not only harassed the complainant but also harassed Consumer Affairs Deptt . Hence the case was filed by the complainant with the prayer contained in the petition of complaint.
O.p. did not contest this case by filing w/v and matter was heard ex parte against the o.p.
Decision with reasons:-
We have gone through the pleadings of the complainant, evidence and documents in particular. In view of the findings above and on perusal of the entire materials on record we find that o.p. had sufficient deficiency in service on their part being service provider to its consumer / complainant and complainant is entitled to relief.
Hence, ordered,
That the case is allowed ex parte with cost against the o.p. O.p. is directed to refund Rs.30,000/- (Rupees thirty thousand) only the sum deposited by complainant and is further directed to pay to the complainant compensation of Rs.20,000/- (Rupees twenty 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 @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
