This case arises out of an application U/s 35 of the Consumer Protection Act, 2019.
The case of the complainant is that on 06th December, 2020 the O.P arranged a membership campaigning programme at Hotel Vinayak, Raiganj, Uttar Dinajpur, where the Sales representative of the O.P promised the complainant of many lucrative tour programme which includes Maldives also. The Representative of the O.P, namely, Rohan sent a video clipping to the complainant which shows clippings of water villa at Maldives and promised many activities there free of cost.
The representative of the O.P also stated to the complainant that the O.P has properties in Havlock and Neel at Andaman and the complainant can stay and enjoy every outdoor activities as promised. The complainant was deceived by such false promises by the Representative of the O.P & paid Rs.50,000/- through SBI Debit Card & Rs.8,000/- by cash.
Subsequently, after realizing that the O.P has deceived him the complainant sent a request to the O.P to refund Rs.58,000/- which he had given to the O.P, but the O.P make no response to this prayer.
The complainant sent an Advocate letter dated 13.06.2022 and sent it on 15.06.2022 by Registered post with a request to refund the said amount i.e Rs.58,000/- but no tangible effect.
The Complainant submitted claim for the loss suffered due to the deceivement of the O.P for the negligent act of the O.P & the complainant is suffering financial loss, mental pain and agony. Thus he lodged the case with a prayer for direction upon the O.P to pay a sum of Rs.58,000/- to the complainant and compensation of Rs.50,000/- for harassment, mental pain & agony and litigation cost of Rs.10,000/-.
D e c i s i o n w i t h r e a s o n s
The complainant filed written deposition by way of affidavit and he was examined as P.W.1. The O.P did neither appear nor contest the case.
It is not disputed that the complainant made a payment of Rs.50,000/- through his SBI Debit Card. Bank statement attached to his application confirmed this payment and payment of Rs.8,000/- by cash. The copy of the Membership Application & Approval Form submitted and it is confirmed that in total Rs.58,000/- was received by “Signature Linkers Private Limited”. Copy of the e-mail sent to the O.P requesting refund of Rs.58,000/- to the complainant is also enclosed.
The Vacation Ownership Terms and Conditions of Signature Linkers Private Limited is submitted along with the complaint containing the terms & conditions of this Membership wherein:
Para-4(B) of this Membership condition states “If purchaser(s) opt for termination of membership purchaser agreement due to personal, financial or any reason the money paid by him/them as vacation ownership fee/administration fee is non refundable in any circumstances due to any reason. In this event major chunk of membership fee is paid immediately to marketer/promoter after the payment of membership fee by the purchaser.”
This terms & conditions were verified by the complainant himself and his wife Rakhi Sarkar by executing Purchasers Declaration/Verification on date 12.06.2020 affirming that he/they have gone through the terms & conditions for obtaining/purchasing the membership of the Company and had understood that once the requisite fee is paid against the preferred membership, the same shall not be refundable under any circumstances, and give consent for this effect.
Under the above facts and discussion, we are of the view that the complainant was aware of the fact that the payment against membership shall not be refundable under any circumstances, besides if the complainant feel himself deceived by false promise of O.P/Company’s representative, for non fulfilling it he may take recourse of Law in the proper Forum but the remedy sought for is not available/tenable in the Consumer Commission.
In the result the case fails.
Hence, it is
O R D E R E D
that the C.C-74/2022 be and the same is dismissed on contest against the O.P but without any cost.
Let a copy of this order be given to the complainant free of cost.
