In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 61 / 2010.
1) Sri Prabhat Kumar Kothari,
Siddhavilla, 27, Marquis Street, Kolkata-700016. ---------- Complainant
---Versus---
1) The Chief Executive Officer, Mahindra Holidays Resorts India Ltd.,
Mahindra Tower, 2nd Floor, 17/18, Patullos Road, Chennai-600002.
2) The Manager, Mahindra Holidays Resorts India Ltd.,
Unit-404 A & B, 4th Floor, Jasmin Towers,
31, Shakespeare Sarani, Kolkata-700016.
3) The Branch Manager, Mahindra Holidays Resorts India Ltd.,
Hinland Park Metropolies Mall, 3rd Floor,
Chakgaria, Kolkata-700094.
4) Manager (Member Relations), Mahindra Holidays Resorts India Ltd.,
Sanchi Towers, Unit-4C, 4th Floor,
686, Anandapur, Kasba, Kolkata-107. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Smt. Jhumki Saha, Member.
Dr. A. B. Chakraborty, Member
Order No. 20 Dated 22/03/2012.
Complainant Probhat Kr. Kothari took a club membership from o.ps. at a concessional rate of rs.1,58,550/- for which complainant paid 10% of the said amount i.e. Rs.15,855/- on 18.2.02 through his credit card immediately. And balance was to be paid by equated monthly instalment @ Rs.3662/- for which he as entitled to 8 days and 4 nights free hospitality including stay at a Club Mahindra Resort which was required to be availed of within 6 months. And 1st instalment (EMI) would start after enjoying and experiencing the free hospitality and petitioner requested o.ps. to extend the validity of such free hospitality for one year for his personal difficulties. And o.ps. also assured of the same vide annex-6,7,8. But the petitioner became shocked after receiving the payment scheculed dt.27.2.09 received on 7.3.09 wherefrom he came to know that on 7th of every month starting from April 2009, he was to pay the monthly instalment of Rs.3662/- for 6 months and the total came to Rs.2,35,575/- annex-8 although it was orally decided that EMI would start after enjoying the free hospitality. So the petitioner did not like this payment structure and through toll free number of o.ps. he requested for the cancellation of said membership on 18.3.09 being request registration number 1315056. And one Mr.Jitendra Agarwal assured the complainant that cancellation would be made along with refund of Rs.15855/-. And 21.4.09 complainant also wrote a letter requesting for refund of the said amount with interest vide annex-11. But o.ps. even after rec4eipt of such letter, took further an amount of Rs.3662/- through his credit card for which complainant gave several letters dt.25.5.09, 27.7.09, 17.8.09, 25.1.10 but o.ps. did not care to repay the amount. Moreover, o.ps. continued to encash further EMIs totaling Rs.26,841/- although they cancelled his membership card on 18.3.09 vide annex-13, 15, 16 and 18. On 26.8.09 o.ps. sent a letter to complainant requesting him to visit their office on 4.9.09 for discussion but on arrival, complainant was asked to join their membership once again but complainant refused to accept the proposal and demanded the repayment vide annex-17. But o.ps. did not pay any heed to that. Being aggrieved complainant filed this case praying for a direction to be given upon the o.ps. to refund Rs.26,841/- with 12% interest, to pay Rs.52,000/- as compensation Rs.5000/ as litigation cost along with other prayers. Notices were served upon o.ps. None but o.p. no.1 appeared and filed w/v. Accordingly, the case was heard ex parte against other o.ps.
Decision with reasons:-
We have gone through w/v of o.p. no.1 along with their evidence on affidavit. In w/v vide para 2 o.p. no.1 stated that since the complainant participated in a lucky draw which he won and he was entitled for such free hospitality and there was no such extension of validity from 6 months to one year for availing of such free stay. And it has got no connection with regular membership card. And as such after enjoyment of free stay, EMI would start. This statement has got no legal validity as per o.ps’. w/v. It is also stated that complainant put his signature on the membership application form on 18.2.09 where it was written that EMI would be paid in 60 monthly instalments vide annex-A. Further complainant did not follow the terms and condition for cancellation as he never gave any material instruction to his banker by way of ‘stop payment’ but went on writing to o.ps. for giving effect to such request for cancellation.
But we fail to accept al these explanation as o.ps. have admitted that complainant forwarded his request for cancellation on 18.3.09 but o.ps. went on encashing EMI for consecutive three months @ Rs.3662/-. When they had this knowledge that complainant did not want to continue with their membership why they received his EMI. Even complainant did not enjoy his free hospitality which he won through lucky draw. In this circumstances, o.ps. should not be allowed to keep his total payment of Rs.26,841/-m from which he did not get any service whatsoever. O.ps. being a service provider was very much negligent towards the complainant by not refunding his entire payment. Accordingly, we hold o.ps. to be deficient in service. And the case succeeds on merit against o.ps. with cost.
Hence, ordered,
That o.ps. are jointly and severally directed to pay Rs.26,841/- (Rupees twenty six thousand eight hundred forty one) only plus Rs.10,000/- (Rupees ten thousand) only as compensation and Rs.2000/- (Rupees two thousand) only as litigation cost within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. 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.
____Sd-____ ______Sd-________ _______Sd-_______
MEMBER MEMBER PRESIDENT
