Shri Swapan Kumar Mahanty, President.

This is an application u/s.12 of the C.P. Act, 1986.

Complainant’s case, in short, is that on 21/04/2017 at about 7-30 PM they had been to the office of the O.Ps. at City Centre-II to receive free gift. The officials of the O.Ps. assured the complainants  for vacation facilities free of cost for one year. They had entered into an agreement with the complainants against payment of Rs.1,75,000/-. The terms and conditions of the amenities and promises were not incorporated in the agreement. In spite of request the officials of the O.Ps. did not solve the discrepancies. Ultimately, the complainants, through e-mail, requested the officials of the O.Ps. to refund Rs.1,75,000/-. The O.Ps. respond the e-mail and promised to arrange facilities. O.Ps. failed and neglected to refund the deposited amount. Hence, the complaint.

The O.Ps. have contested the case by filing W.V. contending inter alia that the complaint is not maintainable either in law or in fact. The complainants did not disclose any deficiency in service against the O.Ps. The specific case of the O.Ps. is that the complainants never paid any amount to the O.Ps. for any purpose whatsoever and Country Vacations Club is a necessary party to the instant case. There is no illegality or deficiency in service on the part of the O.Ps. The O.Ps. have prayed for dismissal of the complaint.

Decision with Reasons

            We have travelled over the photocopies of documents on record namely Country Vacations Holiday Club Membership Purchase Agreement dated 21/04/2017, payment receipt, e-mails, demand letter dated 01/06/2017, postal registration receipts, track reports of India Post, complaint letter dated 28/06/2017 addressed to the Consumer Affairs Department, Govt. of West Bengal, notice of Consumer Affairs Department and letter dated 13/09/2017 of the O.Ps. addressed to the Assistant Director, Grievance Cell.

            Fact remains that the complainants had entered into a purchase agreement with the O.Ps. on 21/04/2017 and the O.Ps. provided facilities fully described  in the Club Membership Sale Agreement dated 21/04/2017. It is also true that the complainants make payment of Rs.1,75,000/- to the O.Ps. The terms and conditions of the amenities and promise were not incorporated in the Club Membership Agreement. The complainants vide e-mail and letters dated 23/05/2017, 29/05/2017, 03/06/2017 and 01/06/2017 requested the O.Ps.  to refund the money immediately  but those e-mails and letters were unattended. The O.Ps. vide their e-mail dated 08/12/2017 addressed to the Assistant Director, Grievance Cell, Govt. of West Bengal agreed to settle the matter with the complainants by refunding 60 percent of the principal amount. Complainants purchased Club Membership for vacation facilities free of cost for one year but the promise of vacation facilities are not incorporated in the agreement. We think that the O.Ps. have practiced unfair trade in this regard by promising  false representation. So, it appears to us that the O.Ps. have deliberately did not incorporate such facilities in the purchase agreement which was the main attraction of purchase the Club Membership. In our opinion, it is a gross deficiency in service on the part of the O.Ps. In spite of repeated requests the O.Ps. did not refund Rs.1,75,000/- to the complainants till the date of institution of the complaint petition.

            Having regard to the facts and circumstances of this particular case, we are  of the view that there is deficiency in service on the part of the O.Ps. as well as question of unfair trade practice by not incorporating the promises in the Club Membership Sale Agreement dated 21/04/2017 and for that reason the complainants are obviously entitled to get refund  of the amount paid  for the Membership. According to settled principle of interest being allured the complainants are not entitled to get any compensation.

In the result, the case succeeds in part.

Hence,

Ordered

That the complaint case be and the same is allowed on contest against the O.Ps. in part with litigation cost of Rs.2,000/- (Rupees Two Thousand) only.

            O.Ps. are jointly and severally directed to refund Rs.1,75,000/- (Rupees One Lakh Seventy Five Thousand) only along with simple interest  at the rate of 5 percent p.a. from the date of filing of the complaint petition (i.e. 21/03/2018) till realization along with litigation cost to the complainants within 45 days from the date of this order.

Liberty be given to the complainants to put the order in execution, if the OPs transgress to comply the order.