Sri      Swapan Kumar Mahanty, President.

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

            The complaints case, in brief; is as follows:-

            The complainants paid Rs.1,00,000/- to the OPs for a period of 10 years term for enjoying holidays in the resort owned by  the OP-1 and the OPs handed over an Agreement for Sale but the vital page of the said Agreement for Sale was torn. There is a clause that Membership amount would be refundable within 10 days from the date of signing the Agreement for Sale, if any, member desires to cancel the membership for any unavoidable circumstances. Complainants cancelled the membership vide email dated 01.01.2018 with a request to the OPs to refund the deposited membership amount due to their health problem. The OPs vide email dated 02.01.2018 requested the complainants to attend their Kolkata office for discussion but the matter was not settled. Finding no other alternative, the complainants issued legal notice dated 20.06.2018 requesting the OP-2 to cancel the membership and refund the deposited amount within 10 days. The OP-2 vide email dated 07.05.2018 intimated that they forwarded the refund request to the concerned department and the deposited amount will be refunded within 120 working days after deducting Rs.3,800/- but the OPs failed to fulfill their commitment.  Hence, the consumer complaint.

            In spite of service of notices the OPs did not turn up to contest the case. As such, the case has proceeded ex parte against both the OPs.

Points for determination

1)         Are the OPs indulged in unfair trade practice?

2)         Are the complainants entitled to get relief or reliefs as prayed for?   

Decision with Reasons

Points No. 1 and 2 :

            Both the points are taken up together for the sake of convenience and brevity in discussion.

            Complainants to establish their case filed examination in chief in the form of Affidavit and produced photocopies of Agreement for Sale dated 29-05-2018, email dated 01.06.2018 and 02-06-2018, legal notice dated 20.06.2018. On perusal of those documents we find that the complainants took membership of the OP-1 by depositing Rs.1,00,000/- and within a short span the complainants requested the OP-2 to cancel their membership vide email dated 01-06-2018 and the OP-2 vide email dated 02.06.2018 requested the complainants to discuss about the matter but no fruitful result has been yielded. The complainants were compelled to issue legal notice dated 20.06.2018 to the OP-1 and in reply the OP-1 assured to refund the deposited amount after deducting Rs.3,800/- within 120 working days from the date of receiving the email. In spite of elapsed of 120 working days the OPs did not refund the deposited amount after deducting Rs.3,800/-. We do not find any reason why the OPs withheld the deposited amount of the complainants in spite of their assurance and hold the amount as per their own discretion. Therefore, we are of the view that the OPs indulged in unfair trade practice. As a result the OPs have also caused harassment, mental pain and agony to the complainants.

            Complainants corroborate their case by adducing evidence on affidavit as well as producing documents. The evidence of complainant -2 remains unchallenged and uncontroverted. In absence of any contrary materials on record and having regard to the documents annexed with the consumer complaint, we are of the opinion that the complaints have been able to prove their case. As such, the complainants are entitled to get relief as prayed for. Thus, both the points under determination answered in the affirmative.

In the result, the case succeeds.

Hence,

Ordered

            That the complaint case be and t he same is allowed ex parte against the OPs in part with litigation cost of Rs.2,000/- (Rupees two thousand) only.

            The OPs are directed to refund Rs.1,00,000/-(Rupees one lac) only to  the complainants within 30 days from the date of this order along with litigation cost.

            The OPs are further directed to pay Rs.5,000/-(Rupees five thousand) only to the complainants for causing harassment, mental pain and agony within the stipulated period.

            OPs are also directed to deposit Rs.5,000/-(Rupees five thousand)  only to this Forum as punitive damage for practicing unfair trade within this specified period.

Liberty be given to the complainants to put the order in execution, if the OPs transgress to comply the order.