In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, 4th Floor, Kolkata-700087.
CDF/Unit-I/Case No.234/2012.
1) Smt. Ranta Bandyopadhyay,
SouthCity, Tower-4, Unit-19I,
375, Prince Anwar Road, Kolkata-700068.
And 8/20, Fern Road, Kolkata-700019.
2) Sri Bhaskar Bandyopadhyay,
SouthCity, Tower-4, Unit-19I,
375, Prince Anwar Road, Kolkata-700068.
And 8/20, Fern Road, Kolkata-700019. ---------- Complainant
---Versus---
1) M/s. Country Vacations,
86, B/2, Gajraj Chamber, (1st Floor), Topsia, Kolkata-700046. ---------- Opposite Party
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member.
Smt. Samiksha Bhattacharya, Member
Order No. 18 Dated 06/12/2013.
The case of the complainant in short is that complainants entered into an agreement with o.p. by paying Rs.46,500/- only (Rs.23,500/- was paid by cash and Rs.23,000/- by cheque). As per agreement complainants are supposed to get the services / benefits from O.P. The representatives of the o.p. company viz. Mr. Amit Mishra, Mr. Prabir Kundu and Mr. Biswajit Roy told the complainants that the o.p. has resorts at different places in India and Srilanka including Bishnupur, Dist Bankura. But later on the complainants were told verbally by Mr. Amit Mishra that the o.p. company has no resort at Bishnupur. The complainants planned to visit Bishnupur on 21.1.12. But finally they could not go there due to false statement given by the o.p. company’s representatives. Mentioning that incident complainants contacted with o.p. through e-mail and on 14.1.12 they requested to refund their deposited amount. But O.P. did not pay any heed. Therefore, complainants have approached to the Deputy Director, CA & FBP, Govt. of West Bengal. Thereafter the department has arranged two tripartite meetings. But the o.p. company’s representative was absent on both dates. Finding no other alternative complainants filed the instant application before this Forum praying for cancellation of membership of the company and refund of deposited amount along with compensation and cost.
O.p. filed their w/v and admitted that complainants have paid the fees for membership. Other allegation denied by o.p. In the w/v o.p. has stated over phone that the company has no service in Bankura. Complainants struck to their point of availing of service only at Bishnupur. O.p. company has no resort at Bishnupur. O.p. has approached the complainants to avail of service for any other place in India. So there is no deficiency in service on the part of o.p. and therefore, they pray for dismissal of the case.
Decision with reasons:-
We have gone through the pleadings of the parties, evidence and documents in particular. It is admitted fact that complainants have paid Rs.23,500/- by cash and Rs.23,000/- by cheque on 7.1.12. Complainants have annexed Purchase Agreement For Vacation Membership. In the said agreement the names of the places are not being mentioned where the resorts of the company are available. Therefore, complainants believed the verbal assurance of the o.p. company’s representatives. When the complainants approached for cancellation of their membership o.p. paid no heed. O.p. company did not explain any reason why the membership cannot be cancelled. So there is deficiency in service on the part of o.p. and as such, the complainants are entitled to get relief.
Hence, ordered,
That the case is allowed on contest with cost against the o.p. O.p. is directed to refund Rs.46,500/- (Rupees forty six thousand five hundred) only and cancel the membership of the complainants and o.p. is further directed to pay to the complainant compensation of Rs.5000/- (Rupees five thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 45 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.
