In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 92/2010
1) Partha Sadhukhan,
2) Jayeeta Sadhukhan
Kamal Residency, Green Park, Sonarpur
Station Road, Block–Indigo, Core–1, Flat-101,
Kolkata-103. ---------- Complainant
---Versus---
1) The CEO & Managing Director, Country Club India Ltd.
Country Vacations International Holiday Club,
Regd. Office: 6-3-1219, Begumpet, Hyderabad-500016.
2) The Senior Manager, Country Vacations International Holiday Club,
Customer Care Office: 3-6-12/13, 4th Floor,
AI-Samad, Liberty ‘X’ Road, Himayat Nagar, Hyderabad-500029.
3) Manager % Branch Manager,
Country Vacations International Holiday Club,
86B/2, First Floor, Gajraj Chambers,Kolkata-46, P.S. Koreya. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Dr. Subir Kumar Chaudhuri, Member
Smt. Sharmi Basu, Member
Order No. 24 Dated 07/11/2012.
The petition of complaint has been filed by the complainants Partha Sadhukhan and Jayeeta Sadhukhan against the o.ps. Country Vacations International Holiday Club. The case of the complainant in short is that o.p. nos.1 to 3 is a registered company, a division of Country Club India Ltd. On 21.12.08 complainants took membership of he o.ps. and has entered into a contract with oi.ps. where o.ps. assured to provide all of the available services committed by them and as a consideration complainants made a total payment of Rs.45,000/- out of Rs.85,000/-. According to the contract on payment of more than 50% of total contract amount they were entitled to a complimentary holiday package of 2 nights and 3 days.
Apropos of the terms of the agreement complainants intended to book an accommodation for 2 nights and 3 days at Puri in the month of Dec. 2009, for a family holiday for which o.ps. offered them a list of hotels where the discounted or the nominal tariff which they have to pay amounted more or less Rs.10,000/- for one night. It was further declared by o.ps. that these charges are required as those resorts / hotels were affiliated one and not owned by o.ps. and in spite of the several attempts of complainants to know the reason for the imposition of such a hefty charge, in place of a nominal charge as has been committed by o.ps., there came no reply from the end of o.ps.
It is also submitted that till date complainants could not even enjoy the ‘club’ facility as has been promised by o.ps. because whenever complainants have asked o.ps. about it they got a reply that it is under construction. Thereafter, complainants have no alternative but to file the instant case before this Forum for redressal of their dispute and they have prayed for relief as mentioned in the complaint petition.
O.ps. had entered their appearance in this case by filing w/v and denied all the material allegations labeled against them and prayed for dismissal of the case. Ld. lawyer of o.ps. in the course of argument submitted that the case has got no merit and the same is liable to be dismissed.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular and it appears from the record that the o.ps. were duty bound to serve the service towards the complainants. But they have neglected to serve the same and they are liable for deficiency rendering service and for that complainants have to suffer immense mental suffering and financial loss and the complainants are eligible to get relief.
Hence, ordered,
That the case is allowed on contest against the o.ps. with cost. O.ps. are jointly and/or severally directed to pay Rs.45,000/- (Rupees forty five thousand) only which the complainants deposited with o.ps. and are further directed to pay compensation of Rs.20,000/- (Rupees twenty thousand) only for harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 9% shall accrue over the entire sum due to the credit of the complainant till full realization.
Supply certified copy of this order to the parties free of cost.
