FINAL ORDER/JUDGEMENT

Smt. SAHANA AHMED BASU, Member ,

Complainants’ case, in brief, is that being allured to the representation of the Agent of OPs complainants took OPs.’ club membership for 10 years by depositing Rs.1,45,000/- through his credit card on 07/09/2018. After realizing the blunder, on 08/09/2018 complainants applied for cooling off as per Country Club Sale Agreement vide E-mail and OPs replied the said mail on 12/09/2018 intimating that they will get back to the complainants within 7 days. Thereafter the complainants received another e-mail from OPs on 20/09/2018 informing that they had forwarded complainants’ refund request to the concerned department and after deducting nominal charges of Rs.3800/- the remaining amount will be refunded within 120 working days. But they failed to refund the deposited amount within stipulated period. Therefore, the complainant made several correspondence with the OPs vide email and over telephone and also met the OP1 at OPs’ Kolkata office on 20/04/2019. OP1 informed the complainants that their payment will be made from the A/C department of the OPs’ though due to some internal problems immediate payment will not be possible, but it will be paid within one month . After waiting for payment upto 30/06/2019 the complainant wrote to OP3 and copy forwarded to OPs 1 and 2 vide speed post for refund of deposited amount on 01/07/2019. But Ops neither refunded the deposited amount nor respond the aforesaid letter. Having no other alternatives the complainant approached before this Commission praying for relief/reliefs.

The instant consumer complaint is resisted by the OPs by filing WV contending inter alia that the petition of complaint is false,laced and fabricated and is not maintainable for the reason that the averments made in the present complaint are not supported by evidentiary proof thereof and it is not verified as per the law and it does not disclose any deficiency in service. The case of the OPs is that understanding the benefits and after satisfaction complainants decided to purchase the Membership for Rs.1,45,000/- and deposited the amount through his credit card and cash with full knowledge. The mail from the complainants evoking the “Cool Off” clause of the agreement was received and duly responded by the OPs.Ratherin the month of July 2019 the complainant was asked to accept the cheque for refund of her membership amount , the same was denied by the complainant as they were adamant in their extortion ways of gaining out more money from the OPs wrongfully and the complainant never visited the accounts Dept. of the OPs . However they contacted the OP1 over mail and telephone and the OP1 had duly responded to the complainant.The complainant is willfully trying to create a false and fabricated dispute with malafide intention and ulterior motive for wrongful gains.As such, OPs have prayed for dismissal of the instant consumer complaint.

Ld. Advocate for the complainants has advanced the case by adducing relevant evidences and documents. Per contra, OPs have failed to reply the questionnaire set forth by the adversary of thecomplainant. We have gone through all the evidences and documents on record and gave a thoughtful consideration to the entire fact.

It is admitted fact that complainants have purchased Membership from OPs against payment of Rs.1,45,000/- on 07/09/2018. Complainant alleged that after purchasing the said Membership they applied for cool off as per sale agreement of OPs and requested to refund deposited amount on 08/09/2018 vide email. OPs replied the email on 12/09/2018informing that they will get back to the complainants within 7 (seven) days and sent another email on 20/09/2018 stating that refund request of the complainants have forwarded to the concerned department and as per the agreement after deducting the nominal charges of Rs.3800/-remaining balance will be refunded within 120 working days from the date of invoking cool off period. Photocopies of the email furnished by the complainant support this contention.It is also the case of the complainants that OPs failed to fulfill their commitment within stipulated period. Thereafter the complainant made several correspondence with the OPs regarding the dispute. Photocopies of emails dated 12/01/2019 , 29/01/2019 , 03/04/2019 and 30/04/2019 issued by the Customercare Kolkata of the OPs to the complainant showing that they have not received any payment information from the OP3 . Another photocopy of the email dated 02/05/2019 goes to show that Op1 replied to the complainant that:

I received your account details and I have already send to the corporate Office Hyderabad to Transfer the payment and I also followup with my HOD’s.

So, Please cooperate with me we will transfer the refund amount as soon as possible .

It is found from the photocopy of the email dated 07/06/2019 furnished by the complainant that Customercare Kolkata of the OPs informed the complainant that they are not getting any payment information from their HO and they are also sending emails to HO to release the refund.

On the other hand, OPs did not file any document regarding the said agreement on negotiation with the complainants. Ld. Advocate for the OPs denied the allegations made in the complaint petition and alleged that in the month of July 2019 the complainants were contacted by the Customer Service Office of the OPs over telephone to inform that a cheque amounting the said refund has been received by them from the HO and the complainants need to visit the Topsia office of the OPs to collect such repayment. But the complainants had denied to accept the repayment. In reality, we could not find any piece of documents in the entire case record, which can support such offer of the OPs. Thus, we cannot but to decline with the aforesaid submission of the OPs.It is further submitted by the OPs that they will file supporting evidential documents as Exhibits during the appropriate stages of the case to prove their transparency. But the OPs failed to furnish any piece of evidence in support of such contention. As such, the case of transparency, aforesaid, could not be established by the OPs.

In this context, we are of the opinion that the gesture of the OPs. by violating the  terms and conditions  of the agreement and failing to refund  the deposited sum, is surely falls under unfair trade practice on the part of the O.Ps.

Therefore, complainants are entitled to get relief or reliefs as prayed for.

In result, the case merit succeeds.

Hence,

Ordered

That the case be and the same is allowed on contest against the OPs with cost of Rs.10,000/-.

            OPsarejointly and severallydirected to refund Rs.1,41,200/-  (145000 – 3800 = 141200) to the complainant along with litigation cost within 30 days from the date of this order.

            OPs are alsojointly and severally directed to pay Rs.20,000/- to the complainants as compensation for causing harassment, mental pain and agony.

Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.