Order No.   18    Dated  04/02/2015

          The case of the complainant in short is that Smt. Patralekhs Majumder, spouse of the complainant by someone in Jan or Feb 2013 to fill up a form of o.p. to get a free gift voucher for travel trip when she was in shopping mall in Saltlake. Thereafter, they were agreed to participate the interactive session organized by o.p. on 16.2.13. They paid Rs.90,000/- in 18 installments to purchase holiday share for 7 days in a year for 10 years. the offer of installment was: first one would be lumpsump payment and 70 EMIs. But on request of the complainant o.p. agreed to pay the amount @ Rs.5000/- for 18 EMIs. But one Mr. Rahul Gupta of o.p. swiped the credit card of the complainant for Rs.18,000/- for the first installment. Complainant protested for swiping high amount but ultimately had to sign the customer slip. Complainant requested to waive @ Rs.6000/- per annum AMC since it was not informed him initially, but o.p. did not waive the AMC. In the agreement it was written that AMC is @ Rs.8000/- per annum if the children are above 12 years. But in the very beginning complainant informed the o.p. that the age of their children were 10 years plus and 12 years plus. Complainant was given Blue membership unilaterally which was inferior to Red and White membership. O.p. has stated that holiday accommodation voucher is free.  But it is not actually free as that would be accessible only after payment of Rs.4000/-. O.p. did not allow the complainant the complementary travel since his children are above 9 years of age.  Complainant has stated in his petition that o.p. would take the responsibility for the holiday tour. But in the agreement it was not written. Thereafter complainant contacted the o.p. for scrapping the agreement and for refund. But they did not pay any heed. Then he lodged a complaint over phone to customer care cell of o.p. at Hyderabad office. Thereafter he contacted with the customer care cell of o.p. at Kolkata office. But they did not pay any heed. Complainant also sent formal complaint through e-mail and through regd. post and also lodged a complaint at Bidhannagar P.S. Therefore, complainant filed the instant application for providing misleading information and suppression of fact. He has prayed for refund of Rs.18,000/- along with compensation and cost.

                Sole o.p. appeared in this case by filing w/v and denied all the material allegations interalia stated that complainant was invited for a demonstration and after being completely satisfied with the norms, rules, terms and conditions of o.p., he willfully and without any coercion or undue influence signed the Country Vacation International Holiday Club Membership Purchase Agreement with o.p. on 16.2.13 under the category of 5 years domestic vacation for a total purchase price of Rs.90,000/- out of which complainant paid only Rs.18,000/-. Complainant duly signed the said contract with his consent after reading and understanding each and every contents of the said agreement. Complainant assured the o.p. that he would make the balance payment in cash or cheque. He willfully and without any coercion or undue influence gave his credit card for payment of membership fee. A nominal administration fee of Rs.4000/- is required for holiday gift voucher if any member is willing to enjoy the facility given under the said gift voucher. Complainant did not opt for booking of any resource or hotel available under the membership agreement dt.16.2.13. Hence, the allegation of being cheated and of deficiency of service and unfair trade practice of o.p. is not maintainable and bad in law. The allegation is made with a malafide intention and does not tantamount to deficiency in service and therefore, the case is liable to be dismissed inlimini.

Decision with reasons:

                We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted fact that complainant paid Rs.18,000/- on 16.2.13 to o.p. towards membership fee. It is also admitted fact that accordingly, complainant and o.p. had signed the Country Vacation International Holiday Club Membership Purchase Agreement on 16.2.13. It is true that o.p. had given the agreement copy to the complainant. Complainant paid only Rs.18,000/- out of Rs.90,000/-. He never approached the o.p. for availing of any service from them. No requisition had been come to o.p. from the complainant. Therefore, complainant could not avail of any service of o.p. It is evident that complainant was impressed by the demonstration of o.p. and for that reason he opted for membership. Complainant had to avail the services following the proper norms. Complainant did not pay as per terms and conditions of the agreement. Since the complainant has not opted for any services following the procedure he could not avail the services. So, we find no deficiency in service on the part of o.p.

                Apart from this, the agreement was signed by the complainant and his spouse Mrs. Patralekha Majumder with o.p. But complainant has not made Patralekha Majumder as co-complainant. So, the case suffers from non joinder of necessary party. In view of above, the complainant has not substantiated his case.

                Hence, ordered,

                That the case is dismissed on contest without cost against the o.p.

                Supply certified copy of this order to the parties free of cost.