Order No. 15 dt. 09/11/2016
The case of the complainants in brief is that the complainants received a call from o.p.s informing the complainant no. 2 that he has own a free kitchen set and a gift voucher from their company and the complainants required to go to their office at Topsia Road, Kolkata – 700046. On 14/06/2012 the complainants along with their daughter (then aged 13 years) visited the said office where they were requested to attend a brief presentation prior to collecting the gift to which the complainants agreed. The complainants were told by the representative of the company that they could plan their vacations later, economically and without hassle by becoming a member of o.p.s by paying an amount of Rs. 1,40,000/- instead of Rs. 490,000/- during the promotional event. This membership was for a period of 6 nights 7 days package for the period of 10 years. The representative of the o.p. company informed the complainants that the membership included free accommodation, prompt booking, good customer service and all help required to book a trip to any of their resorts including own and associate properties. The complainants were also informed that they could take their relatives and friends along with them by paying additional bed charges of Rs. 350/- to 1,000/- per day only. On further discussion and discloser about financial difficulties the o.p. company offered the membership at Rs. 95,000/- with a free holiday package for 6 nights and 7 days. The o.p. promised then club membership which would give the facilities of gym, spa, swimming pool, indoor and outdoor games. However, in their brochure it was mentioned that ‘with effect from 21st July, 2010 all complimentary spa packages were stopped’. Thus the above facilities could not be availed of by the complainants. The complainant paid Rs. 95,000/- and were asked to sign a contract being no. DT151#0237 and o.p. said that Rs.6,000/- had to be deposited annually as maintenance charges to enjoy the properties. The complainants planned a holiday with his relative’s family to Darjelling, Gangtok and Pelling in October, 2012 and they decided to use their membership. When the complainants contacted with the o.p. they told them that the complainants would have to pay full amount for the member’s family and also for the relatives since the properties were not their own but associate properties. Then the complainant lodged a complaint before Board of Grahak Seva on or about 27/07/2012 but in vain. Thereafter the complainants contacted with the o.p.s several times but each and every time the o.p. replied that no accommodation would be available for the required period. The complainant sent a request on 03/11/2013 by mail for booking to Andaman but o.p. demanded an absurd amount for the booking over telephone. Inspite of becoming a bonafied member by paying an amount of Rs. 95,000/- the complainants had never been able to avail of any services of the company. Finding no other alternatives the complainants sent a letter dt. 26/03/2014 for cancellation of his membership along with refund of entire amount deposited by them. The o.p. replied that membership fees is not refundable and membership cannot be cancelled. Hence the application praying for refund of membership fees of Rs. 95,000/-, compensation of Rs. 2,00,000/- along with litigation cost.
The o.p.s appeared before this Forum and filed their w/v. In their w/v o.p.s denied all the material allegations inter alia stated that complainants duly signed the said contract with their consent. The complainants duly signed the said contract with their consent at the office of the opposite party, where the complainants were invited for a demonstration of the company’s resorts and spas and club and their membership. Being impressed by the venues and resorts and after being completely satisfied with the norms, rules, terms and conditions of the said company, the complainants willfully and without any coercion or undue influence signed the said Country Vacations International Holiday Club Membership Purchase Agreement with the said company on 14.06.2012 for a total purchase price of Rs.95,000/- and membership card had been delivered to them.
O.p. also stated in their w/v that complainants signed the agreement being impressed by the venues and resorts and after being satisfied with the norms, rules, terms and conditions of the said company, willfully and without any coercion and undue influence. The allegations made in the complaint petition with a mollified intention and those allegations do not tantamount to deficiency in service. There is no lacuna or latches on the part of o.p. The o.p. also stated that the contract duly executed between the parties is legally binding and final. There is no unfair trade practice arisen out of the agreement dt. 14/06/2012.
Apart from the said fact complainants made the allegations against the o.p. without any cogent reason whatsoever and for lodging some vexatious complaint, the complainant will not be entitled to get the compensation. In view of the said facts and circumstances, the o.p. prayed for dismissal of the case.
Decisions with reasons :
We have gone through the pleadings of the parties and documents in particular.
It is admitted fact that on 14/06/2012 the complainants visited the office of o.p. nos. 2 and 3 to attend a brief presentation. The representative of o.p.s gave assurance that they would be provided with the benefits of hassle free tour for 6 nights and 7 days period for 10 years, free accommodation along with facilities of gym, spa, swimming pools, indoor and outdoor games. The entire allurement was given to the complainants in a hall where they remain present on the request of the o.p. in such conditions that the complaints were camouflaged and they were asked to accept the membership by paying an amount Rs. 1,40,000/- instead of Rs. 4,90,000/- during promotional event. Ultimately the o.p. offered the membership at an discounted rate of Rs. 95,000/- along with a free holiday package for 6 nights and 7 days. The complainants thought they could enjoy the hassle free holidays for 10 years.
Ld. Lawyer for the o.p. argued that complainants willfully entered into the said agreement and once the membership is accepted the question of getting back the amount does not arise.
The complainants after hearing all sorts of benefits and inducement on the part of o.p. had to accept the membership of the o.p. on the same date without getting any opportunity to think over the matter. After taking the membership the complainants noticed that it was mentioned in their brochure that all complementary spa packages had been stopped with effect from 21/07/2010. After getting the membership the complainants wanted to visit Darjeeling, Gangtok, Pelling with his family and relative’s family and for that purpose when they contacted with o.p., o.p. demanded an absurd amount since the property of the aforesaid places were not their property but the associate property. The complainants contacted with o.p. for visit in Andaman but that was also denied by the o.p. Whenever the complainants approached the o.p. to avail of the benefits, they were denied with the plea of unavailability of the accommodation for the required period.
Considering the submission of the respective parties and for the series of cases filed against the o.p. it is found that the same allegations have been levelled against the o.p. that they camouflaged the parties by offering different places with allurement of providing accommodation without payment of any charges to avail of 6 nights and 7 days package for 10 years. O.p. also forced the parties to sign the agreement by creating such an atmosphere that if the membership is not accepted immediately in that event all the offers to be provided by the o.p. could not be availed of by the parties. O.p. allured the complainants that they would enjoy the hassle free holidays for 10 years by offering membership fee @Rs. 95,000/- instead of Rs. 4,90,000/-. Instead of rendering any services to the complainants, o.p. claimed that membership cannot be cancelled and fees are non-refundable.
Complainants opted for the services from the o.p.s but each and every time o.p. informed them the unavailability for the accommodation for the required period. Moreover they demanded absurd amount to visit in Darjeeling, Gangtok and Pelling. Being frustrated by the activities of the o.p. and finding no other alternative complainants had to file the instant case. Accordingly, we hold that there was gross deficiency in service and unfair trade practice on the part of the o.p. and the complainants will be entitled to get the relief as prayed for.
Hence, ordered,
That the CC No.368/2014 is allowed on contest with cost against the o.p. The o.p. is directed to refund a sum of Rs.95,000/- (Rupees Ninety Five Thousand) to the complainants along with compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two thousand) only within 30 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 free of cost.
