In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No.   369 / 2009

1)                   Mrs. Sikta Halder,

2/1, Roy Bagan Street, Hadua Park, Kolkata-700006.                   ---------- Complainant

---Versus---

1)                   M/s. Mahindra Hilidays Resorts India Ltd.,

Mahindra Towers, 2^nd Floor,

17/18, Pattulons Road, Chennai-600002.

2)                   Company Executive,

M/s. Mahindra Hilidays Resorts India Ltd.,

Unit No. 404 A & B, 4^th Floor, Jasmine Towers,

31 Shakespeare Sarani, Kolkata-700010.                                    ---------- Opposite Party

Present :           Sri Sankar Nath Das, President.

                        Dr. A. B. Chakraborty, Member

Order No.   22     Dated  16/02/2012.

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by complainant Mrs. Sikta Halder against the o.ps. M/s Mahindra Holidays Resort India Ltd. The case of the complainant in short is that she duly filled up on the prescribed application form on 10.1.09 for admitting her as a member of o.p. club and it was signed by complainant and one company’s executive of o.p. posted at Kolkata after making payment of Rs.38851/- and on that date complainant was allotted member ID-1425673. On 10.1.09 company’s executive of o.p. explained the complainant certain condition which are mentioned below:

a)       4 (four) night – 5 (five) days booking in C.M. Resort which could be splitted up into two slots of 2 (two) night – 3 (three) days;

b)      Cash back of Rs.20,000/- (Rupees twenty thousand) within 45 days from January 16, 2009, i.e. the date of realization of down payment of 38,851/-;

c)       Food voucher of Rs.3000/- (Rupees three thousand);

d)      2 (two) night – 3 (three) days booking in C.M. Resort was a gift irrespective of accepting membership;

e)      EMI start date would be on and from 7^th April, 2009 and that would stand cancelled if the Petitioner was not satisfied with C.M. hospitality;

            And on 30.1.09 complainant requested for booking two nights at Munnar on March 7-8 i.e. two nights of Radition Ford of March end. But after lying persuasion with so many officials of o.p., complainant could get only one room at Kodaikanal on March 11-13 against plant and programme and o.p. in an e-mail ID not being the e-mail ID of the complainant sent some misleading representations and complainant had to cancel her confirmed train ticket from Madurai to Kanyakumari on March 13 at 2-00 p.m. and the service of the officials at Munnar was poor and lack of hospitality. The further case of the complainant is that o.p. did not return the cash back of Rs.20,000/- within 45 days from 16.1.09 as was agreed upon and the officials of o.p. did not give in writing that 1^st EMI would start from 7.4.09 and refused to return Rs.20,000/- on baseless ground within the stipulated time resulting in cancellation of the membership. Further case of the complainant is that complainant made payment of rs.38,851/- on 16.1.09 for becoming a member of o.p. club and o.p. deliberately failed to return cash of Rs.20,000/- within the stipulated period and also failed to provide hospitality during Kodaikanal reservation process and complainant sent lawyer’s letter by regd. post with a/d demanding payment of Rs.20,000/-, but o.p. did not pay heed to that.

               O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal op the case.

Decision with reasons:

               We have gone through the pleadings of the parties, evidence and documents in particular. It is seen from the w/v filed by o.ps. that o.ps. admitted that complainant for having membership made payment of Rs.38,851/-. We have gone through the entire materials on record and we are of the view on perusal of the record that o.ps. had sufficient deficiencies being a service provider to its consumer / complainant particularly whilst complainant became a member of the o.ps’. club on payment of Rs.38,851/-.

               That being the position we hold that complainant has proved her case and is entitled to relief as prayed for.

               Hence, ordered,

               That the petition of complaint is allowed on contest with cost against the o.ps. O.ps. are directed to pay sum of Rs.20,000/- (Rupees twenty thousand) only to the complainant together with interest @ 9% p.a. from the date of demand till the date of realization. O.ps. are further directed to pay compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.3000/- (Rupees three thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% 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.

   ____SD-_____                                                   ______Sd-______

     MEMBER