For the Complainants                    - In Person

For the OPs                                       -Mr. Himadri Roy, Advocate

FINAL ORDER/JUDGEMENT

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

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

Complainants’ case, in short; is that a Sale Agreement dated 05.05.2018 was executed between them and the OP-1 by making payment of Rs. 2,95,000/- for benefits of holiday at several places within the territory of India. Complainants cancelled the Sale Agreement within the cool off period through email dated 08.05.2018. The OPs acknowledged the cancellation request and vide email dated 30.05.2018. They confirmed regarding refund of money. In spite of expiry of 120 days, the OPs failed and neglected to refund the deposited amount. There is a deficiency in service and attitude of OPs is tantamount to unfair trade practice. Hence, the complainants file the instant consumer case praying relief fully mentioned in the prayer.

The OPs have contested the case by filing WV contending inter alia, that the instant complaint is vindictive, motivated, harassive and misconceive one. The OPs have denied all the allegations made out in the consumer complaint. The specific case of the OPs is that the complainants executed Sale Agreement and also paid Rs. 2,95,000/-. The terms and conditions of the agreement is binding and enforceable upon both the parties.  The membership amount is non-refundable. The OPs have also denied that there is any deficiency in service and unfair trade practice on their part. Accordingly, the OPs have prayed for dismissal of the consumer complaint with cost.

Decision with Reasons

We have travelled over the evidence and photocopies of documents on record.

Fact remains that the complainants had entered into a Sale Agreement with OP-1 on 05.05.2018 and the OP-1 assured to provide facilities fully described in the Sale Agreement. It is also true that the complainants paid Rs 2,95,000/- to the OP-1 against money receipt. Complainants cancelled the Sale Agreement dated 05.05.2018 through email dated 08.05.2018 which is within the cool off period. The OP-1 vide email dated 30.05.2018 accepted the cancellation request. The OP-1 vide several emails intimating the complainants that refund request is under process but they failed to fulfill their commitment. On perusal of the terms and conditions of the Sale Agreement, we find that cool off period was 10 days from the date of signing of the agreement by paying a normal administration charge of Rs. 3,800/- to the OP-1. After deduction of aforesaid amount remaining amount would be refunded to members within 120 days from the date of invoking cool off period. It is admitted fact that the complainants submitted cancellation prayer within 03 days from the date of execution of Sale Agreement and the OP-1 accepted cancellation request with a promise to refund the amount to the complainants. But the OPs till the date of institution of the consumer complaint failed to refund the amount after deducting administration charges of Rs. 3,800/-. In our opinion, it is gross deficiency and/ or negligence on the part of the OPs. Thus, the complainants are entitled to get (Rs. 2,95,000/- – Rs.3,800/-) = Rs. 2,91,200/-.

In the result, the case succeeds in part.

Hence,

Ordered

That the consumer case be and the same is allowed in part on contest  against the OPs with litigation cost of Rs. 5,000/- (Rupees five thousand) only.

OPs are directed to refund Rs. 2,91,200/- (Rupees two lacs ninety one thousand two hundred) only along with simple interest at the rate of 5  percent per annum from the date of filing of the  consumer complaint (i.e.28.03.2019) till realization along with litigation cost to the complainants within 45 days from the date of the order, in default, the complainants may put the order in execution according to law.

OPs are further directed to deposit Rs.5,000/- (Rupees five thousand) only in favour of  President, DCDRF, Kolkata Unit-II, as penal damage within stipulated period.