1. Smt. Nibedita Ghosh,
2. Sri Sujit Kumar Ghosh,

Both residing at

Andul Purbapara (Manno Gali much),

P.O. Andul Mouri, P.S. Sankarail,

Howrah – 711302._________ Complainants

____Versus____

1. Manager / Authorised Person representing    

Country Vacations

[A Division of Country Club (I) Ltd.]

86-B2, 1^st Floor, Gajraj Chamber,

Park Circus Connector, Topsia Road,

P.S. Topsia, Kolkata-46.

2. Manager / Authorised Person representing

Country Club (India) Ltd.

Amrutha Castle,

5-9-16, Saifabad, (Opp Secretariat)

Hyderabad – 500063.________ Opposite Parties

Present :           Sri Sankar Nath Das, Hon’ble President

                          Dr. Subir Kumar Chaudhuri, Member.

                        Smt.  Samiksha Bhattacharya, Member

Order No.   22    Dated   17/06/2016

       The case of the complainants in short is that in the festive season of 2011 some agents of o.ps. approached the complainants to draw lucky coupon and requested them to fill up a form. Complainants filled up the form and o.p. company invited them on 7.9.11 to receive the prize at their Kolkata office (o.p. no.1). The agents of o.ps. induced them to accept the membership card and complainants became bewildered and took their membership offer for 6 years from 2011 to 2016. O.ps. described availability of the hotels and holiday resorts and spas throughout the year. For the membership, complainants paid Rs.46,000/- and accordingly o.ps. issued a receipt being no.CVCL-7021 dt.12.9.11. After waiting for 2-3 months complainants did not receive the cards as well as the brochures. Then complainants personally visited the office of o.ps. and ultimately the cards were received on 18.4.12 by courier. The mode of activity of o.ps. was not fair. They assured the complainants that the free service would be provided for one year. But o.ps. demanded Rs.6000/- as AMC. Complainant no.2 approached the o.ps. for refund of deposited amount since o.ps. could not provid them the service as per their choice. They have offered the gift voucher to travel during summer in such places which places were not suitable to travel in the summer. But o.ps. did not consider their prayer. Hence the application praying for refund of Rs.46,000/- along with compensation and cost.

            O.ps. appeared in this case by filing w/v and denied all the material allegations interalia stated that complainant duly signed the said contract with their consent at their office of o.p. no.1 where complainants were invited. Being impressed by the venues and resorts and after being completely satisfied with the norms, rules, terms and conditions of the said company, the complainants willfully and without any coercion or undue influence signed the Country Vacations International Holiday Club Membership Purchase Agreement with the said company on 7.9.11 for a total purchase price of Rs.46,000/- which complainants paid.  In the said purchase agreement dt.7.9.11 customer care contact number was provided so that in case of difficulty members can freely call at those numbers and resolve their queries pertaining to bookings etc. In the instant case complainants neither visited the website of Country Vacations nor approached the customer care hence, the allegation was made with a malafide intention and is an afterthought of the complainants and the said allegations does not tantamount to deficiency in service and unfair trade practice as alleged or at all. The allegation against the o.ps. is baseless, false, fabricated, made in suppression of materials facts and with a malafide intention. Hence the case is liable to be dismissed in limini.  

Decision with reasons:

            We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted that complainants duly signed the Country Vacations International Holiday Club Membership Purchase Agreement with the said company on 7.9.11 for a total purchase price of Rs.46,000/-. O.ps. did not send the membership card and brochure in time. When complainants wanted to travel to any place every time o.ps. replied that the opted place could not be provided at that time. Moreover, complainant no.2 informed them that his wife i.e. complainant no.1 became ill and for her treatment complainant no.2 approached for refund. Though o.ps. assured the complainants the service would be free of one year they demanded Rs.6000/- as AMC. Moreover, when complainant no.2 informed the incident of illness of his wife o.ps. would have refunded the amount on the humanitarian ground. O.ps. did not provide service to complainants as per terms and conditions of the agreement. O.ps. neither sent membership cards in time nor gave service as has been promised by them.

            In view of the findings above and on careful scrutiny of the entire materials on record, we find that there is deficiency in service on the part of o.ps. being service providers to the consumer / complainant and as such, complainants are entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against the o.ps. O.ps. are jointly and/or severally directed to refund a sum of Rs.46,000/- (Rupees forty six thousand) only to the complainants towards the deposited amount and are further directed to pay compensation of Rs.15,000/- (Rupees fifteen thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five 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 this order to the parties free of cost.