FINAL ORDER/JUDGEMENT

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT          

This is an application u/s.35 of the C.P. Act, 2019.

The case of the complainants, in brief; is that they purchased Membership of Country Club Hospitability & Holidays Ltd. for a period of 10 years on payment of Rs. 20,000/- out of Membership fees of Rs. 2,05,000/-.  Complainants vide email dated 24.02.2018 requesting the OPs to cancel the Membership Agreement and refund of Rs.  20,000/-. The OPs vide email dated 15.01.2019, replied that refund procedure will take some more time and release the fund amount as soon as possible. Till the date of filing of the complaint, complainants have not availed any offer or benefit against such Membership. The OPs have failed to fulfill their services as promise in terms of the agreement dated 01.02.2018. The complainants have alleged gross deficiency in service and unfair trade practice on the part of the OPs and hence, the consumer complaint

The OPs have contested the case by filing W/V containing inter alia that the instant complaint is vindictive, motivated, harassive and misconceived one. The OPs have denied the allegations made out in the complaint petition. The specific case of the OP is that the complainants did not pay the entire amount of Rs. 2,05,000/- in terms of the purchase agreement  dated 01.02.2018. The complainants are not entitled to get any benefit in terms of the purchase agreement and membership fees is not refundable in any circumstances. Complainants after understanding the terms and conditions have accepted the purchase agreement. The allegations of the complainants is malafide and ulterior motive for wrongful gains. There is no deficiency in service and/or unfair trade practice on the part of the OPs. Accordingly, the OPs have prayed for dismissal of the complaint with cost.

Both parties have filed their E/chief supported by an affidavits and also relied the documents annexed with the complaint petition.  We have perused the evidence as well as documents on record. We have also carefully considered the arguments advanced by the Ld. Advocate for the parties.

            Admittedly, complainants purchased Membership  of Country Club Hospitality & Holidays  Ltd. for a period of 10 years  on payment  of Rs. 20,000/-  out of Membership fees of Rs. 2,05,000/- Club Membership Purchase Agreement dated 01.02.2018 was executed between the parties. The allegation of the complainants is that at the time of execution of purchase agreement the representative of the OPs have not disclosed about any sort of Annual Maintenance charges which had come to their knowledge late on. On the contrary, Clause 34 of the Membership  Agreement goes to show that the cool off period is 10 days from the signing of the agreement wherein member can discontinue the agreement by paying a nominal administration charges of Rs. 3,800/- to the company and after deduction of the aforesaid amount the remaining amount would be refunded to the member within 120 days from the date of invoking of cool off period. Complainants vide email requesting the OPs to cancel the purchase agreement and the OPs vide email accepted the cancellation prayer and also assured to refund the deposited amount after deducting Rs.  3,800/-. It is true that 120 days has already been elapsed but the OPs did not refund the balance amount Rs. 16,200/- to the complainants.

            In the light of the above observations, we are convinced to hold that no doubt the OPs adopting unfair trade practice and manage to sell the same to the complainants. Complainants failed to realize the fact during the execution of purchase agreement. The company as service provider cannot grab any money entirely, if the purchasers without any full knowledge.  Whatever it may in the light of the above observations, we are convinced to hold that the complainants are entitled to get back the entire amount subject to deduction of Rs. 3,800/-.

In the above fact and circumstances, there is sufficient ground to allow the complaint with cost and compensation by passing such order to refund the entire deposited amount after deducting Rs.  3,800/-.

In the result the case succeeds in part.

Hence,

Ordered

That the consumer case is allowed in part on contest against the OPs with cost of Rs. 5,000/-.

OPs are directed to refund Rs. 16,200/-  to the complainants and to pay simple  interest @ 5 % per annum from the date of payment of Rs.  20,000/- till the date of realization.

 OPs are directed to pay the decreetal amount along with litigation cost and interest within 90 days from the date of this order in default,  liberty be given to the complainants to put the order in execution according to law.

Copy of the judgment be given to the parties as per rules. Judgment be uploaded on the website of the commission for perusal of the parties.