In  the  Court  of  the

Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, 4^th Floor, Kolkata-700087.

CDF/Unit-I/Case No. 494 / 2009 .

1)                   Mr. Sudip Bhattacharjee,

            P-14, Kareya Abasan, 98, Karaya Road, Kolkata-700019.                                                ---------- Complainant

---Versus---

1)                   Club Mahindra Holidays & Resorts India Ltd.,

2^nd Floor, 17/18, Patullos Road, Chennai-600002.

2)                   The Managing Director, Club Mahindra Holidays,

942, 4^th Floor, 9^th Building, Solizaira Corporate Park,

Guru Horgobindiji Marg,, Andheri Ghat Kapur Link Road,

Chakala, Andheri(E), Mumbai-400093.

3)                   Club Mahindra Holidays Resorts India Ltd.,

            4^th Floor, 404 A7B, Jasmin Tower,

            31, Shakespeare Sarani, Kolkata-700017.

            And 4C, Shrachi Tower, 4^th Floor, 686, Anandapur, Kolkata-700107.                     ---------- Opposite Parties

Present :           Sri Sankar Nath Das, President.

                        Dr. Subir Kumar Chaudhuri, Member.

                        Smt. Sharmi Basu, Member

Order No.   25    Dated  31/07/2012.

The petition of complaint u/s 12 of the C.P. Act, 1986 has been filed by the complainant against the o.ps.

In a nut-shell the case of the complainant is that the complainant paid an amount of Rs.99,166/- towards membership fees andRs.33,911/- as annual subscription fees upto September,2008 amounting in total to Rs.1,33,077/-. On 17.02.09. and also on 25.02.09. he requested the o.p.s  through E-Mail seeking confirmation of reservation for staying at Vedic Village, Kolkata. But no positive effect was received by the complainant and he could not enjoy the facility as member of Club Mohindra & Resorts India Ltd. Thereafter, the complainant requested the ops to refund Rs.1,33,077/- but the ops did not pay heed to the requests of the complainant. Hence the complainant has no other alternative but to file the instance case before this Forum for redressal of the dispute. The complainant has prayed for relief as mentioned in the complaint petition. 

O.ps have 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

Decisions with Reasons

After scrutinizing vividly all the documents filed before this Forum by both the parties and hearing every nook and corner from  both the parties, it is beyond doubt that the complainant paid in total Rs.1,33,077/- to the o.p.s for enjoying the facilities as Member of Club Mahindra Holidays. It is also admitted fact that he could not get reservation for staying at Vedic Village, Kolkata. As per Ld. Counsel of the o.p.s (para 9 of w/v.), complainant had to make the request to RCI ( Resort Condominium International Inc.) instead of requesting to the o.p.1 for the aforesaid booking. In this regard, we are of the opinion that being Service Provider, o.p.s had responsibility to take necessary action for accommodation and other arrangement for the complainant at Vedic Village. But o.p.s did not do so. This inaction of the o.p.s amounts to deficiency in rendering service towards the complainant/consumer. O.P.s claimed (para 10 of w/v.) that the complainant has already enjoyed a holiday with Club Mahindra Holidays at Munnar in the year 2007 for the period from 10.06.07 to 14.06.07., but o.p.s could not submit a scrap of paper in support of their contention. Moreover, only technicalities of Clause 6.6 of the Membership Rules of the o.p.s should not deprive the consumer/complainant from his relief within the provision of the C.P.Act,1986,  because it is categorically mentioned in the section 3 of COPRA that “The provisions of this Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.” Moreover, as per as per clause 6.2 o.p.s are liable to refund Rs.1,33,077/- to the complainant. As per above discussion we are of the opinion that o.p.s are duty bound to refund Rs.1,33,077/- to the complainant.

To decide whether the complainant is entitled to get compensation from the o.p.s following discussion is advanced- Due to negligence and deficiency in service of the ops complainant could not get accommodation at Vedic Village,Kolkata and o.ps did not refund the amount which was paid by the complainant towards the consideration of facilities of Member at of Club Mahindra Holidays and for this obviously complainant has to suffer mental agony and harassment and he is entitled to be compensated by the o.p.s

Hence, Ordered

The case of the complainant is allowed on contest against both the ops with cost.

O.P.s are jointly and/or severally directed to pay Rs.1,33,077/- to the complainant and also to pay Rs.10,000/- as compensation and Rs.2000/- as litigation cost to the complainant within 45 days from the date of communication of this order, failing which an interest @ 9% 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.