Order No. 20 dt. 29/11/2017
The case of the complainant in brief is that the complainant received a call from the o.ps with the information that he was selected for gift voucher awarded by Country Vacations International Holiday Club through a lucky draw and o.ps further advised to join the meeting to collect the gift voucher. The complainant went to attend the said meeting. In the said meeting the complainant was given lucrative offer by the o.ps regarding sophisticated hospitality arrangement of o.ps company for accommodation in 5-star hotels spa, gym etc free of cost and for availing of such facilities the complainant was offered to pay Rs.65,000/- for becoming the member of the club. The complainant was also offered the said facility for 5 years which included hotel accommodation for 6 nights 7 days. The complainant on being convinced of such offer paid a sum of Rs.65,000/-. After payment of the said amount while the complainant wanted the facilities as assured by the o.ps did not entertain the request of the complainant. Realising the ulterior motive of the o.ps the complainant became sure that he was deceived by the o.ps asked the o.ps to refund the amount to which the o.ps did not response. Being baffled to get any positive response from the o.ps the complainant filed this case praying for direction upon the o.ps for refund of the amount of Rs.65,000/- and compensation of Rs.50,000/- as well as litigation cost of Rs.20,000/-.
O.p.s contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that after going through the terms and conditions of the agreement the complainant put his signature on the agreement. The complainant also failed and neglected to pay the necessary charges to get the benefit of the scheme therefore the complainant without payment of further payment of Rs.25,000/- cannot ask for any facilities as sought for by the complainant. The subscription paid towards membership is not refundable and the membership fee is not a deposit. The complainant suppressing the material fact filed this case and he did not come with clean hands thereby the o.ps prayed for dismissal of the case.
On the basis of the pleadings of the respective parties following points are to be decided:-
- Whether the complainant entered into an agreement with the o.ps?
- Whether the complainant paid an amount of Rs.65,000/- towards the subscription of the membership?
- Was the complainant deprived of getting the facilities as assured by the o.ps?
- Whether there was deficiency in service on the part of the o.ps?
- Whether the complainant will be entitled to get any relief as prayed for?
Decision with reasons :-
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
Ld. Lawyer for the complainant argued that the complainant received a call from the o.ps with the information that he was selected for gift voucher awarded by Country Vacations International Holiday Club through a lucky draw and o.ps further advised to join the meeting to collect the gift voucher. The complainant went to attend the said meeting. In the said meeting the complainant was given lucrative offer by the o.ps regarding sophisticated hospitality arrangement of o.ps company for accommodation in 5-star hotels spa, gym etc free of cost and for availing of such facilities the complainant was offered to pay Rs.65,000/- for becoming the member of the club. The complainant was also offered the said facility for 5 years which included hotel accommodation for 6 nights 7 days. The complainant on being convinced of such offer paid a sum of Rs.65,000/-. After payment of the said amount while the complainant wanted the facilities as assured by the o.ps did not entertain the request of the complainant. Realising the ulterior motive of the o.ps the complainant became sure that he was deceived by the o.ps asked the o.ps to refund the amount to which the o.ps did not response. Being baffled to get any positive response from the o.ps the complainant filed this case praying for direction upon the o.ps for refund of the amount of Rs.65,000/- and compensation of Rs.50,000/- as well as litigation cost of Rs.20,000/-.
Ld. Lawyer for the o.p.s argued that after going through the terms and conditions of the agreement the complainant put his signature on the agreement. The complainant also failed and neglected to pay the necessary charges to get the benefit of the scheme therefore the complainant without payment of further payment of Rs.25,000/- cannot ask for any facilities as sought for by the complainant. The subscription paid towards membership is not refundable and the membership fee is not a deposit. The complainant suppressing the material fact filed this case and he did not come with clean hands thereby the o.ps prayed for dismissal of the case.
Considering the submissions of the respective parties it is an admitted fact that complainant has claimed that he paid an amount of Rs.65,000/- for obtaining membership of o.p. club. The complainant in order to prove the said fact filed a Xerox copy of the agreement. On perusal of the record we find that the complainant did not file the petition of complaint by swearing an affidavit. The complainant also failed to adduce any evidence on affidavit. As per C.P.Act the parties should file their complaint and w/v by swearing an affidavit. But the complainant neglected to file the petition of complaint by swearing an affidavit as well as he failed to adduce any evidence on affidavit. Merely because stray allegations were levelled by the complainant cannot ipso facto proof the case of the complainant. Therefore we hold that the complainant did not file the case as per the statutory provision as well as failed to adduce evidence in support of his contention. Accordingly we hold that the case filed by the complainant lacks the corroborative material to substantiate the allegations against the o.ps. As such we hold that the complainant will not be entitled to get any relief as prayed for.
Thus all the points are disposed of accordingly.
Hence, it is ordered,
that the case no.109/2015 is dismissed on contest without cost against the o.ps.
Supply certified copy of this order to the parties free of cost.
