By  Sri.P.K.Sasi, President

        The complainants are husband and wife and the case of the complainant is that one Mr. Vibin introduced himself as the Officer of the opposite party and canvassed the complainants to a scheme “Vacation Ownership Points” of the opposite party. The said Mr. Vibin described various scheme of the opposite party and its benefits. However the complainants were not really intended to join in the scheme since they are not frequent travelers, Mr. Vibin canvassed them to join in the scheme. Accordingly the complainants made payments of Rs.60,000/- on 29/09/16, Rs.40,000/- on 27/09/16 and Rs.5,000/- on 27/09/16. In total Rs.1,05,000/- by means of 3 cheques which were drawn on South Indian Bank Ltd., Kuriachira. After  encashing the cheques the opposite party issued vacation ownership plan certificate dtd. 27/07/2016 in the name of the 1^st complainant. At the time of canvassing, the complainants were assured by the concerned officer several offers and promises. Along with certificate the opposite party sent a separate communication showing the details of payment made by the complainants and the total amount received by them was stated as Rs.1,00,826/- only instead of Rs.1,05,000/-. There was a difference of Rs.4,174/-. When that was enquired with the opposite party there was no reply from their side. Then the opposite party demanded EMI of Rs.16,378/- from 7/10/17 onwards. Further the opposite party insisted to pay an amount of Rs.8,578/- as annual subscription fee. All these demands made by the opposite party were not told by Mr. Vibin who canvassed them to the scheme. The act of the opposite party making new demands after joining in the scheme, amounts to unfair trade practice on their part. Moerover, some terms and conditions are narrated on the VOP certificate issued by the opposite party which are printed in such a minute letters cannot be read without the help of a magnifying lens. That also would amounts to unfair trade practice on the part of opposite party. Therefore, the complainants sent an email communication dtd. 20/11/16 stating that they decided to opt out all the scheme  and requested them to return the amount paid. Since there was no response from their side repeated email communications were made by the complainant. At last they responded and stated that as per the terms and conditions of the scheme no refund is provided. The act of the opposite parties amounts to deficiency in service as well as utter unfair trade practice towards the complainant. The complainants are entitled to get back Rs.1,05,000/- with 12% interest from the opposite party. Hence this complaint is filed.

        2) On receiving complaint notice was properly sent to the opposite party. Whereas evenafter, accepting the notice the opposite party neither appeared before the Forum nor submitted any version. Hence the opposite party set ex-parte and posted for complainant’s evidence.

        3) From the side of complainants the 1^st complainant appeared before the Forum and submitted proof affidavit in which he has affirmed and explained all the averments stated in the complaint in detail. He also produced several documents which are marked as Exts. P1 to P7. Ext. P1 is the copy of Vacation Ownership Plan Certificate issued by the opposite party; Ext. P2 is a letter received from the opposite party with payment details; Ext. P3 to P6 are the printout of email communication made by the complainant and Ext. P7 is the copy of lawyer notice. Since there is no contra evidence available before us we are inclined to accept the proof affidavit filed by the complainant and we heard the learned counsel in detail.

        4) We have gone through the contents of affidavits filed and perused the documents produced. Ext. P1 is the copy of the Certificate would go to show that the 1^st complainant as a customer and the 2^nd complainant joined as applicant. It was issued on 26/10/16 as a holiday plus with 770 units for a membership period of 25 years. There are terms and conditions printed on the back side of the certificate, it is true that not even single word cannot be read without the help of a magnifying lens, except the address of the opposite party. The opposite party being a limited company they ought to have been appeared before the Forum and submitted their version. If at all there was any contra evidence for them nothing was done by the opposite parties.

        5) By giving a thoughtful consideration to the arguments advanced from the side of complainants and on examination of the available materials on record, we are of the opinion that by printing the terms and conditions on the back side of certificate in such a minute letters which cannot be read and understand without the help of a magnifying lens, the opposite party definitely committed unfair trade practice towards the customers including the complainant. The terms and conditions are the important part of the agreement and that was suppressed from the customers by printing in such a minute letter, that cannot be permitted. Similarly the averment in the complaint as well as in the proof affidavit reveals that they were canvassed by one Mr. Vibin who was introduced himself as the officer of the opposite party and promised several assurances and offers. Contrary to that they demanded more money from the complainants on several other grounds. In Ext. P2 payment details it is shown as Rs.1,00,086/- only  but the complainants made payments of Rs.1,05,000/- by means of cheques. Hence there is a difference of Rs.4,174/- which remains unexplained that also amounts to deficiency in service on the part of opposite party. Considering all these points we are of the opinion that the opposite parties committed deficiency in service as well as unfair trade practice towards the complainant and the complainants are entitled to get back the actual amount paid with compensation.

        In the result, we allow this complaint and the opposite party is directed to return Rs.1,05,000/- (Rupees One lakh five thousand only) with 12% interest from 20/11/16 onwards along with Rs.10,000/- (Rupees Ten thousand only) as compensation for unfair trade practice committed by the opposite parties by printing the terms and conditions in such a minute letters, to the complainant within one month from receiving copy of this order. We are also directed the opposite party not to print and circulate certificates in future with printing terms and conditions in such a minute letters.

        Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Forum this the     30^th day of April 2018.

            Sd/-                                                     Sd/-

M.P.Chandrakumar                                     P.K.Sasi,

Member                                                       President.

                                Appendix

Complainant’s Exhibits

Ext. P1 copy of Vacation Ownership Plan Certificate

Ext. P2 letter with payment details

Ext. P3 to P6 printout of email communication

Ext. P7 copy of lawyer notice

                                                                             Id/-

                                                                        President