1) Sri Deepak Kumar Gaddhyan, 8DA, Main Towers Kolkata-700038. ---------- Complainant ---Verses--- 1) M/s Panchawati Holiday Resorts Ltd., 3, Auckland Place, Kolkata-700017. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Smt. Jhumki Saha, Member. Sri T.K. Bhattachatya, Member. Order No. 1 7 Dated 0 5 / 1 0 / 2 0 0 9 . The complainant, Mr. Deepak Kr. Gaddhyan by filing a petition u/s 12 of the C.P. Act, 1986 has prayed for a direction to be given upon the o.p. to refund a sum of Rs.10,000/- towards security deposit and Rs.40,000/- towards unused amount of annual membership totalling Rs.50,000/- deposited with the o.p. along with interest @ 18% p.a. from the date it became payable till the date of payment and to pay an amount ofRs.50,000/- as compensation along with cost of proceedings and such further other order or orders as the ld. Forum may deem fit and proper. It is the specific case of the complainant that he applied for the membership of the Lake Land Country Club, a club floated by the o.p. and paid an amount of Rs.60,000/- by cheque no.132942 dt.30.12.2000 and the o.p. gave the money receipt for the same on 21.3.01 bearing receipt no.222. And through that receipt dt.21.3.01 the o.p. also gave the apportionment of the said amount i.e. Rs.10,000/- for security deposit (refundable on release of membership), Rs.50,000/- for annual fees for the next 25 years @ Rs.2000/year. O.p. further stated that there would be a lock-in-period of 5 years for such membership. Therefore, the complainant shifted to New Delhi for his vocation and now is working there for gain. So, the petitioner by his letter dt.19.7.05, as annexed, intimated the o.p. that he would like to surrender the said membership on the expiry of the lock in period in December, 2005. And he made a request to the o.p. to refund the security deposit of rs.10,000/- along with the unused amount of annual fees i.e. Rs.40,000 {Rs.50,000 – (Rs.2000 for 5 years)} totaling Rs.50,000/-. But in spite of the receipt of said letter, the o.p. neither refunded the amount deposited by the complainant nor it replied to the letter dt.19.7.05 of the complainant even after the expiry of the said lock in period. Again on 15.7.06 as annexed, the complainant sent another letter to the o.p. making the same request to the o.p. But the o.p. did nothing. Thereafter, the complainant served a legal notice to the o.p. on 26.9.06 asking the o.p. to refund the said amount of Rs.50,000/- together with an interest @ 18% p.a. from the date it became payable thereof till the payment within 3 days. But in spite of the service of the same, the o.p. remained silent without doing anything even without replying to the legal notice. And finding no other way, the complainant filed this case on 12.9.07. Notice was served upon the o.p. But none appeared on behalf of the o.p. nor any w/v was filed controverting the allegations made by the complainant against o.p. in the complaint petition. So, the case was taken up for ex parte hearing. Decision with reasons : Even after receiving the notice from the forum the o.p. did not file even a scrap of paper to controvert the allegations made by the complainant against them. By purchasing the membership from the o.p. the complainant is a consumer as per the provision of the C.P. Act, 1986. After perusing affidavit of examination in chief along with annexures, we find that the complainant complied with the terms and conditions of the o.p. So, he made his request on 19.7.05 to the o.p. that on expiry of the lock in period of 5 years which fell in December 2005, he would like surrender his membership and so he would be entitled to the refund of Rs.50,000/- i.e. Rs.10,000/- for security deposit and Rs.40,000/- for unused amount of annual fees. And the complainant was justified in his action. But the o.p. never bothered to reply even a single letter of the complainant. So, it can be most reasonably presumed that the o.p. has nothing to reply. And as per their terms and conditions they are to refund the money as asked for by the complainant. Since, they did not do that we hold that the o.p. is deficient in service. Also they are practicing unfair trade. Accordingly, the case succeeds. Fees paid are correct. Hence, Ordered, That the o.p. is directed to refund Rs.50,000/- (Rupees fifty thousand) only along with an interest @ 12% p.a. from 19.7.05 till the payment of the same. The complainant do get an award of Rs.5000/- (Rupees five thousand) only as compensation and Rs.1000/- (Rupees one thousand) only as litigation cost. The o.p. is directed o comply with this order from the date of communication of this order to them in default, it will carry an interest @10% p.a. on total payment till full realization. Supply copy of this order to the parties on payment of prescribed fees. Sd- Sd- Sd- ____________ ____________ ____________ MEMBER MEMBER PRESIDENT |
