FINAL ORDER/JUDGEMENT

Smt. SAHANA AHMED BASU , Member

Complainants’ case, in brief is that, being allured to the representation of the OP’s complainants haveentered into an agreement with OPs.’ club membership by purchasing membership for10 years and deposited first premium of Rs.80,000/-outof total considered amount of Rs.1,80,000/- through his ICICI Bank Credit Card and Axis Bank Ltd Cheque (A/C no. 914010031902958, cheque no. 032433) on 04/08/201. Complainants were promised to avail holidays at their chosen destination and dates along with pick up from their home and drop at airport /railway station,  will avail 30% discount in air fare both in domestic and international, 21 days international holiday immediate after payment of first premium and gave assurance that complainants will get a self-drive car with a tour guide in any country all over the Globe by paying for the fuel and  will get  a limited time valid driving license in Europe with the help of the OPs by paying the processing fees, if they want to include another adult with 4 members of the family  they have to pay only  500 INR per day for accommodation , complainants need to pay 500 INR in total for 4 adults for foodeverydayand all these conditions are applicable irrespective which country they travel. But after successful payment of first premium it was found by the complainants that they are eligible for 6 nights and 7 days holidays every year within India. Complainants contacted OP’s customer care team and according to them the complainants are eligible for only 2 nights 3 days Dubai holiday one time and 6 nights and 7 days in India every year that too after paying a maintenance fee which is more than 10000/- INR. Moreover, the OP did not provide any booking in any date and destination and always replied that all bookings were completed and no more booking can be taken.They only suggested the complainant to visit their property at Baruipur in West Bengal.After realizing the blunder complainants approached the OPs requesting them to cancel the Agreement and to refund the deposited amount through speed poston09/09/2017 and on 10/11/2017. OP replied by sending two letters in two different dates without any signature or their company’s stamp/seal or not even company’s letter without spending single word regarding the cancellation of the said membership and refund of deposited amount.

Having no other alternative, complainants filed the instant consumer complaint praying for a direction to get refund their hard earned money and for other reliefs.

The instant consumer complaint is contested by the OPs contending inter alia that the present complaint is false, exaggerated, hearsay and only with the intention to harass the OPs and no cause of action has ever arisen against the OPs and there is no deficiency of service on the part of the OPs. The case of the OPs is that the complainants were well explained about the facilities and benefits being provided to them before execution of the said agreement between the parties. There were no concealment or misrepresentation of facts or contents of the agreement. The AMC were disclosed to the complainants before and after execution of the agreement.It is also the case of the OPs that the vacation charges is non-refundable under any circumstances, the said membership is a valid contract and once the parties to the contact accept the terms and conditions thereof, the same cannot be repudiated on unilateral whims of any of the parties.Further it is stated by the Ops that allegations of the complainants are imaginary.  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 butfailed to file questionnaire in spite of specific order.OPs filed questionnaire and E/chief. OPs filed BNA .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 the Membership from OPs against payment of Rs,80,000/-  out of total considered amount of Rs.1,80,000/-on 04.08.2017. Complainant alleged that before purchasing the said Membership representatives of the OPs made several promises and commitments. After paying the first premium of Rs.80,000/-feeling cheated by the gesture of the OPs complainants realized that  they had committed blunder and  sent a letter through  speed post on 08/09/2017 explaining their grievances and requesting to cancel the membership and  refund the deposited amount . Photocopyof the said letter furnished with the complaint petition supported their contention. In reply without addressing the grievances made by the complainant in the said letter OPs wrote:

“However you do not wish to go for a long term membership with us you can downgrade your membership for 5 years only vacations and enjoy the vacations of 6N/7D every year or you can go for “One Time Settlement” for which you need to come down to our office any day from Monday – Saturday between 11.00AM – 5.00PM .”

Photocopies of letters issued by the complainants and OPs furnished by the complainants reveal that again on 8/11/2017 the complainants sent FINAL NOTICEBEFORE LEGAL ACTION to the OPs through speed post containing same grievances and request. OPs replied the notice without responding the grievances of the complainant and made same offer.  This gesture of the OPs appears as utter negligence and deficiency of service on the part of them.

On the other hand, O.Ps did not file any document regarding the said agreement on negotiation with the complainants. Ld. Advocate for the OPs denied the allegation made by the complainant by showing terms and conditions where it is mentioned that membership fee is not refundable under any circumstances. No documentary evidence is furnished by the OP with their WV regarding this submission. OPs submitted that the complainants voluntarily entered into the membership agreement. But they did not explain facts as put in the complaint petition by the complainant that representativesof the OPs made several promises and commitmentsregarding the holidays which can be enjoyed with family and with other accompanying guests in India and Worldwide. In reply, OPs submitted 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.Therefore we are not inclined to consider this submission.

It has further been submitted by the OPS that the complainant has never approached the OPs for availing any service , thus there is no cause of action for this instant case andquestion of deficiency in service arise.

In this context, it is our considered viewthat the gesture of the OPs by refusing to cancel the agreement and to refund the deposited sum, is surely falls under unfair trade practice on the part of the OPs.

Therefore, complainants are entitled to get relief or reliefs as prayed for after deducting the service charge of Rs.3,800/-.

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.5,000/-.

OPs are directed to refund Rs.76,200/- (80000 – 3800 = 76200)  to the complainant along with litigation cost within 45 days from the date of this order.

OPs are further directed to pay Rs.8,000/- 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.