- Mr. Ashim Kumar Paul,
- Mrs. Sumita Paul,
Both residing at P 142 B Unique Park,
Behala, Kolkata-34. _________ Complainants
____Versus____
- M/s Country Vacations,
A Division of Country Club (India) Ltd.
Amrutha Castle, 5-9-16, Saifabad,
Opposite Secretariat Hyderabad, Pin-500063.
2) M/s Country Vacations,
A Division of Country Club (India) Ltd.
Gajraj Chambers, 1st Floor, 86B/2, Topsia Road,
Park Circus Connector, P.S. Tangra, Kolkata-46.
3) The Chairman & Managing Director,
M/s Country Vacations,
A Division of Country Club (India) Ltd.
Amrutha Castle, 5-9-16, Saifabad,
Opposite Secretariat Hyderabad, Pin-500063.
4) Mr. Biswajit Roy, S/o. S. Roy (T.O. Manager),
M/s Country Vacations,
A Division of Country Club (India) Ltd.
Gajraj Chambers, 1st Floor, 86B/2, Topsia Road,
Park Circus Connector, P.S. Tangra, Kolkata-46. ________ Opposite Parties
Present : Sri Sankar Nath Das, Hon’ble President
Smt. Samiksha Bhattacharya, Member
Order No. 18 Dated 29-01-2015.
The case of the complainant in short is that in the month of April, 2012 complainants received a call from one of he representative of o.,p. no.1 namely Suman who told the complainants that they have been selected for Gift Voucher awarded by Country Vacations International Holidays Club through a Lucky Draw and the said representative further advised to join the meeting on 26.4.12 to be held at Merlin Homeland, 5th Floor, Room No.508, Country Vacation, Bhowanipore, Kolkata at about 5-00 p.m. to collect gift voucher of Rs.25,000/- only and at the same time he further asked the complainants to bring a blank cheque for making payment of some nominal charges.
Complainants further state that on being so represented, the complainants with their daughter attended the said meeting held at Melin Homeland at sharp 5-00 p.m. to collect the Gift Voucher. At the said meeting at first complainants were given a warm welcome and gigantic approach for being jointing the said meeting. At the said meeting complainants were given to enchant with the lucrative offers of o.ps. regarding the sophisticated an hospitality arrangements of o.p. no.1 company for accommodation in five star hotels, spas, gym, riding, sight-scene and other facilities free of cost during the period of traveling throughout India and Sri Lanka. Apart from that o.pos. made promises for assured valuable gifts such as Laptop, LCD, Dinner-set, Microwave Oven an so on, provided the complainants join the membership of County Vacation International Holiday Club by making payment of Rs.1 lakh.
Complainant did not agree with the offiers made by the representatives of o.ps. to avail such facilities but the representatives of o.ps. detained the complainants with their daughter for hours together and ultimately forcibly took away the Debit Card from the complainants and swiped away Rs.40,000/- from the account of the complainants in their presence. Thereafter complainants were further asked to pay the balance amount threatening them that if the balance amount were not paid, then the amount which has already been taken away from the complainants will be forfeited. On such compelling circumstances, complainants were forced to sign one cheque amounting to Rs.47,000/- in favour of o.p. no.1. Thereafter, complainants were also forced to sign some blank papers. Complainants further state that the said cheque was encashed by o.ps.
Complainants state that though complainants attended the said meeting to collect the Gift Voucher of Rs.25,000/- which was being offered by the representatives of o.ps. but complainants after attending the meeting have found that they were cheated in an organized way and instead of awarding any gift they were trapped by o.ps. for making their wrongful gain.
Complainants state and submit that they have hired the services of o.ps. for availing services regarding hospitality of Clubs, Hotels and Resorts an Vacations Memberships by way of executing purchase Agreement for Club and Vacation Membership dt.26.4.12. In terms of the said agreement complainants had paid a sum of Rs.87,000/- towards complimentary Vacation Membership for (Standard Priority-Standard Pricing ) for the period of 10 years of Holidays. O.ps. instead of providing the services as agreed upon have tried to squeeze more and more money on one and other pretext from complainants by means of deception and unfair trade practice.
O.p. nos.1 and 2 had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed. O.p. nos.3 and 4 did not contest the case by filing w/v and matter was heard ex parte against o.p. nos.3 and 4.
We have gone through the pleadings of the parties, evidence and documents in particular and we find that complainants duly signed the said contract with their consent at the office of o.ps. wherein complainants were invited for demonstration of the company’s resorts and spas and club and their membership. Being impressed by the venues resorts and after being satisfied complainants willfully signed the said Country Vacation Holiday Club Membership on 26.7.12. We have gone through the entire materials on record and we find that complainants have been able to prove their case and are entitled to relief.
Hence, ordered,
That the case is allowed on contest against o.p. nos.1 & 2 and ex parte against o.p. nos.3 & 4 with cost. O.ps. are jointly and/or severally to directed to refund a sum of Rs.87,000/- (Rupees eighty seven thousand) only the amount deposited by complainants and are further directed to pay to the complainant compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
