FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member,
Complainants’ case, in brief, is that being allured to the representation of the representative of OPs Complainants took OPs.’ club Membership being No. CVKKIGCLUB101B245653 on 06/12/2017 by instantly depositing Rs.2,00,000/- through Cheque No.882142 dated 06.12.2017 drawn on United bank Of India. Realizing the blunder the Complainant requested the OPs on 14.12.2017 to cancel the membership and refund the deposited vide e-mail and also speed post which was duly acknowledged by the OP3 by email dated 15.12.2017. Said cancellation request was within the Cool Off period as per Clause 34 of the said Agreement. OPs did not make any communication with the Complainants within 120days as stated in the said Clause. Complainants have made several requests through emails for refunding the deposited amount and get assurance from the OPs. They did not bother to reply till date. Being aggrieved by the act of the OPs the Complainant sought an update from the OPs sending an email to OP3 who admitted the delay vide email and assured to release the payment on priority basis. Thereafter on 07.06.2018 OPs handed overRs.40,000/- vide cheque No. 02066800, on 02.10.2018 Rs.50,000/- vide Cheque No.02126980, on 27.02.2019 Rs.49,050/- vide Cheque No. 02126938 drawn on Union Bank of India, Begumpet, Hyderabad – 500016 on A/C No. 534101010032596.Till date OPs did not refund the remaining amount of Rs.57,150/-. Having no other alternatives the Complainants approached before this Commission praying for relief/reliefs.
The instant consumer complaint is contested by the OPs by filing WV contending inter alia that the Complainants have deliberately suppressed and concealed various facts related to membership Agreement as well as efforts made by the OPs to resolve all such issues arising out of it and it does not disclose any deficiency in service. The case of the OPs is that understanding the benefits and after satisfaction Complainants decided to purchase the Membership and deposited the amount with full knowledge. The mail from the Complainants evoking the “Cool Off” as per the Agreement was received and unilaterally termination of the written contract/agreement is not permissible under law. The membership is a valid contract, therefore, once the parties accept the Terms and Conditions thereof, the same cannot be repudiated on unilateral whims of any parties. Admittedly the representative of the OPs had refunded Rs.40,000/-, Rs.50,000/- and Rs.49,050/- to the complainants through cheques and they also issued another cheque of Rs.57,150/- in favour of the Complainant but Complainants are adamant in their extortion ways of gaining out more money from the OPs wrongfully. As such, OPs have prayed for dismissal of the instant consumer complaint.
Ld. Advocate for the Complainants have advanced the case by adducing relevant evidences and documents. Per contra, OPs did not rely upon any documents. We have gone through all the evidences and documents on record and gave a thoughtful consideration to the entire fact.
It is admitted fact that Complainants have purchased Membership being No. CVKKIGCLUB101B245653 from OPs against payment through Cheques amounting to Rs.2,00,000/-on 06/12/2017 and 09/12/2017 and entered into a Sale Agreement dated 06/12/2017. Ld. Advocate for the Complainant alleged that after purchasing the said Membership Complainants evoked the “Cool Off” period on 14/12/2017 as per Clause 34 of the Sale Agreement and requested to refund deposited amount vide email and speed post. Photocopies of the said email and letter furnished by the Complainants support this contention. On perusal of the record it is found thaton receipt of the email dated 14/12/2017 sent by the Complainants OPs replied vide email dated 15/12/2017 that deducting the Administrative Charge of Rs.3,800/- as per Clause 34 of the Sale Agreement the deposited amount (200000 – 3800 = 196200) will be refunded within 120 days to the Complainants and OPs have partly payment through cheques Rs.40,000/- on 11/06/2018, Rs.50,000/- on 02/10/2018 and Rs.49,050/- on 27/02/2019, in total Rs.1,39,050/- was paid by the OPs. Documents on record showing that Complainants have sent several emails to the OPs on 17/09/2018, 10/11/2018 and 30/11/2018 requesting them to pay the remaining amount of Rs.57,150/-. Ld. Advocate for the Complainant argued that a Legal Notice dated 29/07/2019 also sent to OPs requesting the same. Ld. Advocate for the Complainants submitted that Customer Care Team of the OPs assured the Complainants vide email dated 14/11/2019 regarding the refund but neglected to fulfill their commitmenttill date.
During the hearing Ld. Advocate for the OPs argued that in the Clause 34 of the Sale Agreement it is categorically stated that any information regarding the cancellation of the membership during Cool Off period should through the office address mentioned in the agreement by way of speed post or an email to the mail address Complaint Petition but the fact is the tracking report of the same is not attached. It is also submitted by the Ld. Advocate for the OPs that just sending a speed post on 14/12/2017 the Complainant cannot claim that they have asked for cancellation within the Cool Off period. Clause 34 of the Sale Agreement reveals that:
There shall be a cool off period of 10 days from the date of signing this Agreement wherein member can discontinue the agreement by paying anominal administration charges of Rs.3800/- to the Company. After deduction of the aforesaid amount(Rs.3500/-) remaining amount would be refunded to the member within 120days from the date of invoking cool off period. Invoking the cool off period the member shall send a written communication to the Country Club, Central Customer Care, 4th Floor, Asian building, Begumpet, Hyderabad – 500016, through registered speed post or an e-mail to
Photocopy of the e-mail dated 14/12/2017 goes to show that the Complainant No.1 had sent the cancellation request to OPs on abovementioned email address at 9.47pm. It is also appeared that the OPs have failed to refund the deposited amount to the Complainants even after lapse of stipulated period as per Clause 34 of the said Agreement. Moreover, if the Complainants are not eligible to get the refund then for which reason the OPs have assured the Complainants to refund the deposited amount deducting the Administrative Charge of Rs.3800/-vide email dated 15/12/2017and made part payments to Complainants is best known to them.Therefore we are not inclined to consider OPs’ argument and submission.
On the other hand, OPs did not furnish any document regarding the said Sale Agreement on negotiation with the Complainants. Ld. Advocate for the OPs denied the allegations made in the Complaint Petition and alleged that the Complainant was explained the benefits and facilities being provided to them along with all other obligations as a result of the said Agreement and that time the Complainant had not raised any query. It is also submitted by the Ld. Advocate for the OPs that they shall submit the supporting evidential documents as Exhibits before this Commission during the appropriate stages of the case to prove their transparency.In reality, we could not find any piece of documents in the entire case record which can support such submission of the OPs. Thus, the OPs have failed to furnish any piece of evidence in support of such contention. Therefore, the case of transparency, aforesaid, could not be established by the OPs.
In this context, we are of the opinion that the gesture of the OPs by violating the Terms and Conditions of the Sale Agreement and failing to refund the remaining amount of Rs.57,150/-, is surely falls under unfair trade practice on the part of the OPs.Therefore, Complainants are entitled to get relief or reliefs.
Based on the above discussion we are of the opinion that the Complaint Petition is allowed on contest against the OPs with following directions:
- OPs arejointly and severally directed to refund Rs.57,150/-to the complainant along with litigation cost of Rs.10,000/- within 45 days from the date of this order.
- OPs are alsojointly and severally directed to pay Rs.20,000/- to the complainants as compensation for causing harassment, mental pain and agony within stipulated period failing which the refund amount shall attract simple interest @12% p.a.
Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.
Copy of the Judgment be given to the parties as per rules
