In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No.164/2010
1) Mr. Pradip Kumar Rath and
2) Smt. Arati Rautary
Both residing at AJ-161, Sector-II,
Salt Lake City, Kolkata-91. ---------- Complainant
---Versus---
1) M/s Country Vacations
A division of Country Club (India) Ltd.
#6-3-12/13, 4th Floor, A-1 Samada Building,
Opposite TTD Kalyana Mandapam, Liberty “X” Road,
Himayathuagr, Hyderabad-500029.
2) The Country Vacations
86B/2, Topsia Road, 1st Floor, Gajraj Chambers,
Park Circus Connector, P.S. Topsia, Kolkata-46. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 24 Dated 31/12/2012.
Smt. S. Basu, Member.
In a nutshell, the case of the complainants is that being allured by the approach of the personnel of the o.ps. over telephone the complainants went to the office of o.p. no.2 and being convinced about their best assurances to provide better service for accommodation in their holiday resorts agreed to become member of their Country Club and accordingly one agreement for membership had been executed on 1.11.09 with o.ps. for International Holiday Club Membership, where the type of membership had been allotted as ownership and vacation period had been mentioned for 10 years and apartment type provided as studio, occupancy 2+2 and total point of 100. The charge for one time membership has been decided for Rs.85,000/- and they paid the cost price of membership amounting to Rs.85,000/- by credit card against which o.ps. had issued 3 money receipts.
At the time of execution of the said agreement dt.1.11.09, o.ps. provided one gift voucher to complainants for availing their holiday resorts and they received one temporary membership card from o.ps., where membership no. had been mentioned as #DT 1230023 which is valid upto delivery of permanent membership card. As per agreement dt.1.11.09., o.ps. supposed to deliver the permanent membership card within 45 days which has not been provided till the date of filing of the instant case. O.ps. initially had supplied one membership card in the month of 2010 i.e. after the lapse of more than four months from the date of execution of agreement but the said card had several anomalies, such as in the aforesaid card, it has been stated that the membership was only for 5 years instead of 10 years. The membership number in the temporary card has some defects and not in proper form and therefore, as and when complainants attempted for booking their holiday resort through their membership card in all the occasions, the head office of o.ps. stated that the number of the said card was wrong and therefore, they could not be able to avail such services of holidays from o.ps. and being highly aggrieved and dissatisfied about such conduct, they returned the said card to o.ps. by endorsing their serious objection in the matter.
As complainants came to know from the Hyderabad office of o.ps. that number in the temporary card was wrong ,complainants immediately contacted with o.p. no.2, but o.p. no.2 in spite of receiving such complaint till date did not response. Thereafter, the complainants made several e-mails to o.ps. but all in vain. Ultimately they sent one legal notice dt. 29.3.10 upon o.ps. with a request either to redress the grievances of complainants and/or to provide accommodation to their holidays at their choice and/or refund the paid amount of Rs.85,000/- along with interest @ 12% p.a. from the date of receive till payment. O.ps. received the said legal notice but till date did not respond, neither they provided any accommodation to complainants nor they agreed to refund the amount with interest. Hence, the case was filed by complainant with the prayer contained in the petition of complaint.
Both the o.ps. have entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and interalia stated that the permanent membership card has already been sent to the complainants and the card has been received by the complainants on 13.8.10. and ultimately they prayed for dismissal of the case.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular and it is observed by this Forum that admittedly complainants paid Rs.85,000/- to o.ps. towards International Holiday Club Membership on 1.11.09. It is also crystal clear from the record that as per agreement dt.1.11.09 the o.ps. were committed to deliver the permanent membership card within 45 days from the date of agreement . But, the o.ps. have failed to provide the same within stipulated period. As per contention of o.ps. they sent the permanent membership card to the complainants, which was received by the complainant on 13.8.10. Therefore, it is beyond doubt that the o.ps. handed over the card in question more than 9 months later with respect of the date of agreement instead of within 45 days from the date of agreement. Thus, the o.ps. have miserably failed to keep their promises as they committed to the complainants and this failure of commitments of the o.ps. amounts to deficiency in rendering service towards their complainants / consumers.
Hence, ordered,
That the case is allowed on contest with cost against o.ps. Both the o.ps. are jointly and/or severally directed to refund Rs.85,000/- (Rupees eighty five thousand) only and also to pay compensation in the tune of Rs.70,000/- (Rupees seventy thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% 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.
