Date of Filing: 01.03.2011
Date of Order: 30.06.2011
2
BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20
Dated 30th JUNE 2011
PRESENT
Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.
Smt. D. LEELAVATHI, M.A.LL.B, Member.
Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.
COMPLAINT NO: 426 OF 2011
1. Mr.R.Gurumurthy,
S/o. K.Ramdass,
Aged about 43 years.
2. Mrs. Radha Gurumurthy,
W/o. Mr.Gurumurthy,
Aged about 41 years,
Both parties 1 & 2 are permanently
Residing at No.155, sri Ram,
Balaji Nilaya, 1st Cross, 4th stage,
Srinidhi Layout, vidyaranyapura Post,
Bangalore - 560 097. ..... Complainant
V/S
M/s Prestige Holiday Resorts (P) Ltd.,
Haathi Mahal,
Cavelossim, Mobor, Salcete,
Goa 403 731,
Represented by its Managing director Opposite Party
ORDER
(By the President Sri S.S. NAGARALE)
This is a complaint filed by the complainant under section 12 of the Consumer Protection Act.
2. The case of the complainant is that the OP has been appointed by the Promoter ‘Regal Vacation Concepts Pvt. Ltd., as the authorized Marketing company in India. The complainant shall be issued with an annual allowance of points equivalent to the number of points Rights owned in “Particular of Vacation Ownership” entitling the purchaser/complainant to a right of occupation at the Royal India Holiday Club resorts. Such right exists for 25 consecutive years. As a member of the Royal India Holiday club, the complainant is entitled to request accommodation at any of the Resorts in the club, and in addition, the members would have access to all the resorts that are associated with the Promoter through the Global Alliance Scheme.
3. The complainant along with their young son, visited Goa on 14.10.2010 and began to take a de-tour of the lovely place, on 15.10.2010 they were accosted by some persons claiming to be employees of M/s Royal Bali Beach Club, Goa. The employees of OP started pressing the complainants to attend to a presentation to know more of esteemed clubs and resorts in Goa, Kerala, Thailand etc., all exotic locales in India and around the globe, showing some brochures of OP organization, and photos of some exotic villas and lodges. Under duress and heavily compelled by the staff of OP, the complainants entered, sat through presentation offered by the OP, and at the end the complainants decided not to buy anything sold by the OP’s. Despite this resolution, the staff and the representatives of OP made some false assurance and succumbing into entering into some agreements and purchases that were made by them entirely under duress and compulsion. As per the terms of new members declaration at the presentation a check list of 12 points were shown to the complaints, after which a Purchase agreement itself bearing No.RIHC2/151010/4293, dated 15.10.2010 was entered into between the complainants and the OP.
Type of Membership | New Points Rights | Total Points Rights | First year use | Last year of use |
Alternate | 165 | 165 | 2011 | 2035 |
4. As per the terms of payment as stipulated therein for the holiday package for the type of membership was Rs.1,85,000/- with down payment of Rs.18,500/- and the balance Rs.1,66,500/- would be financed by the sister concern of OP under M/s Parshuram Finance Pvt. Ltd., After returning from their holiday on 18.10.2010, the complainant addressed a letter to the OP, seeking for cancellation of Purchase agreement entered into between them on 15.10.2010 and also seeking for refund of the entire amount of Rs.18,500/- and further they were not interested with the scheme promoted by the OP, but OP has not taken any steps in this regard.
5. The complainants failed to get quick and effective response from the OP. The complainants got issued a legal notice to the OP and the same was duly served. But, OP neither replied the said notice nor taken any steps to comply the Complainant’s request. OP sold the holiday package without providing facilities as per the agreement of the scheme. Hence filed the complaint seeking refund of the amount and compensation.
6. OP has filed version stating that Complainants have changed their mind about proceeding further with their purchase of time share membership from the OP to cover up their financial embarrassment and have come up with this baseless Complaint. OP had given reply notice to the legal notice refuting all the allegations made by the Complainants. OP further submitted that it is ready & willing to refund a sum of Rs.18,500/- to the Complainant collected as initial deposit towards timeshare membership offered by the OP.
7. Arguments are heard.
8. Points for consideration are as under:
(i) Whether the Complainants are entitled for refund of Rs.18,500/- from the OP?
(ii) What order and relief ?
REASONS
9. It is the admitted case of the parties that Complainants have paid Rs.18,500/- to the OP as initial deposit out of Rs.1,85,000/-. Complainants sent letter to OP seeking cancellation of the agreement entered into between the parties and refund of entire amount of Rs.18,500/- as there was financial constraints on the Complainants and further they were not interested with the scheme promoted by the OP. Despite service of Letter OP has not taken steps to refund the amount. Therefore, legal notice was issued to the OP. OP in its fairness has rightly come forward to refund the initial deposit of Rs.18,500/- to the Complainant. In view of this clear case of admission on the part of OP, there remains no dispute between the parties. The relief sought by the Complainant is also for refund of Rs.18,500/- and the OP has come forward to refund the same. Therefore, the Complaint shall have to be allowed directing the OP to refund Rs.18,500/-. Complainant has claimed interest @ 6% P.A. from 15.10.2010 on the deposit amount. But, payment of interest on the initial deposit does not arise, because there is no agreement between the parties for payment of interest on cancellation of scheme. Complainants themselves have stated in the Complaint that they were not interested in the scheme promoted by the OP and they sought cancellation of the agreement. Under these circumstances, there is no default or any deficiency of service on the part of OP. Therefore, it is not proper to grant interest on the refund amount. Complainant has claimed Rs.10,000/- towards illegal confinement & extortion. There is no basis to claim this amount, because absolutely there is no proof of illegal confinement & extortion. Complainants are not entitled for any compensation. Ends of justice would be met in directing the OP to refund initial deposit of Rs.18,500/- within 30 days from the date of this order. In the result, I proceed to pass the following:
ORDER
Complaint is allowed. OP is directed to refund Rs.18,500/- to the Complainant within 30 days from the date of this order.
In the event of non compliance of order within 30 days, the above amount carries interest @ 9% P.A. from the date of order till date of refund / realisation.
Complainants are entitled for Rs.1,000/- as costs of present litigation from the OP.
Send the copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 30th June 2011.
Order accordingly
PRESIDENT
We concur the above findings
MEMBER MEMBER
