- Sri Udaysankar Denray,
- Smt. Bela Denre,
Both residing at
28/17, Kalabagan Lane,
P.S. Shibpur, Howrah-711104. _________ Complainants
____Versus____
- Manager / Authorized Person representing
Country Vacations
[A Division of Country Club (India) Ltd.]
86-B/2, 1st Floor, Gajraj Chamber,
Park Circus Connector, Topsia Road,
P.S. Topsia, Kolkata-46.
- Manager / Authorized Person representing
Country Club (India) Ltd.
Amrutha Castle,
5-9-16, Saifabad, (opposite Secretarial)
Hyderabad – 500063. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 17 Dated 18/09/2015.
The case of the complainants in short is that the men and the agents of o.p. persuaded the complainants to visit their office at Kolkata. On their invitation and request complainants visited their office 86-B/2, 1st Floor, Gajraj Chamber, Park Circus Connector, Topsia Road, Kolkata-46 on 13.7.12. they persuaded the complainants to subscribe to the club membership and assured various facilities and amenities available for the subscribing.
An agreement was reached out right on 13.7.12 vide contract no.DT57#1594 by and between Country Vacations [A Division of Country Club (India) Ltd.] and the complainants.
O.ps. made them to sign on papers filed ‘Particulars of the club and Vacation Membership’ in haste. O.ps. made to sign another printed paper under the heading – Vacation Membership – floating with opted. O.ps’ men and agents persuaded and rather pressurized the complainants to sign on so many papers even without glancing over them.
Complainants paid a sum of Rs.30,000/- as advance on the very date i.e. 13.7.12 out of the total amount of Rs.70,000/-.
On scrutinizing the papers complainants notice much deviations and differences between their promises and assurances in one hand and the printed offers and the conditions on the other and expressed annoyances and unwillingness to subscribe the Club Membership.
Complainants feel cheated as petition was made requesting for refund within a week from the date of payment of advance. Finding no other alternative complainants filed the case before this Forum with the prayers contained in the prayer portion of the petition of complaint.
Decision with reasons:
O.p. no.1 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. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. O.p. no.2 did not contest the case by filing w/v and as such, matter was heard ex parte against o.p. no.2.
It is seen from the record that the actions and interactions on the part of o.ps. tantamount to no deficiency in service and complainants did not opt booking any resort / hotel available. Complainants did not make any attempts in order to available his benefit under Country Vacations Membership Plan. It is seen from the record that complainants intended to cancel the membership within seven days. O.ps. have not given any service which were promised by them to complainants. On 13.7.12 complainants paid Rs.30,000/- out of total amount of Rs.70,000/-. But after scrutinizing the paper immediately after on 20.7.12 complaiannts expressed their unwillingness to become members of o.ps. through their e-mail and on 25.7.12 complainants made their written representation requesting for refund of advance amount of Rs.30,000/-. On 25.7.12 that was duly received by o.ps. and they assured a written reply within a week but in vain. O.ps. did not take any initiative to resolve the complainants’ grievances.
In view of above, we find that there is deficiency in service on the part of o.ps. and complainants are entitled to relief.
Hence, ordered,
That the case is allowed on contest with cost against o.p. no.1 and ex parte with cost against o.p. no.2. O.ps. are jointly and/or severally directed to refund a sum of Rs.30,000/- (Rupees thirty thousand) only towards the advance amount paid by complainants and are further directed to pay to the complainants compensation of Rs.8000/- (Rupees eight 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.
