Per :- Mr. V. G. Joshi, Member Place : Bandra -*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*-*- ::::: JUDGMENT ::::: Facts giving rise to this complaint may be stated, in brief, as follows :- The Complainant is a consumer under section-2(1)(d) of Consumer Protection Act, 1986. 2 The Opposite parties are service providers under section-2(1)(g) of Consumer Protection Act, 1986. The Opposite party no.1 is a company, the Opposite party no.2 is the chairman and the managing director of the Opposite party no.1 and the Opposite party no.3 is a sales and marketing manager of the Opposite party no.1- company. 3 The Complainant states that the Opposite party no.3 approached him on behalf of the Opposite party nos.1 and 2 in April, 2008 and offered the membership of the scheme called “Cool Global” for a consideration of Rs.1,75,000/-. 4 The Complainant states that the Opposite party no.3 has assured him that on becoming the member of said scheme, he shall get 2000 sq.ft. of land at Kolad, Maharasthra without any additional costs and free holiday for two persons with air tickets to go Kovalam or Bandipur or Goa and also free six nights and seven days holidays every year in the affiliated to won club or resorts of the Opposite party no.1. 5 Accordingly, the Complainant became the member of the scheme floated by the Opposite party no.1 by making a payment of Rs.25,000/- by cheque on 09.04.2008 and he was issued a receipt by the Opposite party no.1 on 11.04.2008. 6 The Complainant submits that after about two months he was surprised to receive a letter from the Opposite party no.1-company, claiming the membership fee of Rs.2,25,000/- instead of Rs.1,75,000/-. The Complainant contacted the Opposite party no.3 and informed about the error in the letter received. The Opposite party no.3 assured him that since the error was bonafide, it would be rectified and the fresh letter would be issued but even the laps of the considerable period the Complainant did not receive fresh letter containing terms and facilities agreed upon. 7 On oral inquiry, the Complainant was informed by the Opposite parties that his membership has been degraded; hence the assured facilities and benefits will not be provided. The meeting held on 18.03.2009 between the Complainant and the Opposite party no.3, where at the Complainant was informed that rates of the membership have gone up and the benefits available under the previous scheme cannot be considered. Hence, the Complainant decided to cancel the membership. 8 Accordingly, the Complainant has given the letter for cancellation of membership on 18.03.2009 and requested for refund of Rs.25,000/- with interest but he has not received money, till date. Even after, repeated follow to get his money back, the Opposite parties failed to refund the amount paid. Hence, this complaint came to be filed and the Complainant prayed for the following reliefs :- A refund of an amount of Rs.25,000/- with interest till date. B Rs.20,000/- as compensation towards mental agony and harassment. 9 Despite notice, the Opposite parties remained absent and set ex-parte as per section-13(2)(ii) of Consumer Protection Act, 1986. 10 We have gone through the complaint, affidavit and document filed by the Complainant in support of his complaint. We heard the Learned advocate of the Complainant. 11 Following points arise for our consideration and our findings thereon are as follows. Nos. | Points | Findings | 1 | Whether the Complainant could prove the deficiency in service and indulgence in the unfair trade practice on the part of the Opposite parties ? | Yes | 2 | Whether the Complainant is entitled to refund of Rs.25,000/- with interest ? | Yes, Rs.25,000/- with interest @ 12%p.a. | 3 | Whether the Complainant is entitled to receive compensation towards mental agony and harassment ? | Yes, Rs.5,000/- | 4 | What order ? | Complaint is partly allowed. |
REASONS FOR FINDINGS :- 12 As regards the point no.1, the Opposite parties have given the membership to the Complainant by accepting Rs.25,000/- as initial payment out of total consideration of Rs.1,75,000/- towards the “Cool Global” scheme and the receipt to that effect was also issued. 13 The Opposite parties have not issued the letter of confirmation containing terms and facilities which the Complainant was entitled to, for about two months. Thereafter, the Opposite parties had sent letter to the Complainant claiming membership fee of Rs.2,25,000/- instead of Rs.1,75,000/-. The Opposite parties have accepted their error in the said letter and assured to issue another letter of agreed amount. 14 The Opposite parties failed to deliver the letter confirming the membership to the Complainant for more than 11 months and when the Complainant enquired about the said letter, he was informed by the Opposite party no.3 that his scheme was degraded and he was not entitled to the facilities and benefits offer earlier. 15 The Opposite party no.3 held meeting with the Complainant and informed him that although he was booked the scheme for total consideration of Rs.1,75,000/- now he was not entitled for land at different place, free holidays for two persons to Kolauam, Bandipur and Goa which were to be provided as per earlier assurance. Hence, the Complainant was asked to cancel his membership and to take back his first installment of Rs.25,000/- with interest. Accordingly, the Complainant had given a letter, dated, 18.03.2009 to the Opposite party no.3, for refund of said amount with interest. 16 In view of the above facts, we have every reason to conclude that there is a deficiency in service provided by the Opposite parties since they have failed to keep the promises. The Opposite parties have altered the conditions of the scheme as per their whims and wishes. The degradation of the said scheme was not communicated to the Complainant at the first instance but he was informed only after 11 months when the personal meeting was held. This establishes the unfair trade practice on the part of the Opposite parties. 17 Although the Opposite party no.3 was dealing in the matter through out, the Opposite party nos.1 and 2 cannot be excluded for the omition and commission committed by the Opposite party no.3. Because, the Opposite party no.3 is an employee of the Opposite party no.1 and 2, the principal employer is always responsible for any omition and commission committed by his employee. Hence, all the Opposite parties are liable to be held guilty for their deficiency in service and unfair trade practice. 18 Since, the Opposite parties have failed in their duties and obligations, we hold them guilty. We are inclined to award to the Complainant refund of Rs.25,000/- with interest @12% p.a. and Rs.5,000/- as compensation towards mental agony and harassment. In absence of defense by the Opposite parties, the complaint remained unrebutted till the end. Hence, the Complainant’s contentions and affidavit taken as proved and we, therefore, proceed to pass the following order. ::::: ORDER ::::: (1) The complaint no.194/2010 is partly allowed. (2) The Opposite parties are jointly and severally directed to refund to the Complainant a sum of Rs.25,000/- with interest @12% p.a. from the date of 11.04.2008 till the date of payment. (3) The Opposite parties are jointly and severally directed to pay to the Complainant Rs.5,000/- as compensation towards mental agony and harassment. (4) The Opposite parties shall comply with this order within 60 days from the date of receipt of this order else, shall pay interest @18% p.a. for delayed period on entire awarded above amount. (5) Certified copies of this order be furnished to both the parties, free of costs, as per rule.
| | [HONABLE MRS. Mrs.DEEPA BIDNURKAR] Member[HONABLE MR. Mr. J. L. Deshpande] PRESIDENT[HONABLE MR. MR.V.G.JOSHI] Member | | 
