Order No.   15    Dated   17/03/2015.

          The case of the complainant in short is that complainant buy a membership from o.p. at a price of Rs.25,000/- on 27.1.12 and the receipt of the same has been annexed by complainant with the petition of complaint as annex-B. Complainant stated that o.p. promised to send the membership card in the name of complainant and his wife within 10 days and complainant further stated that o.p. gave them a holiday voucher with the validity of one year. Complainant further stated that o.p. failed to send the membership cards. After a great deal of persuasion complainant has not received the membership card, but they have received the holiday voucher, a copy of which has been annexed by complainant as annex-A with the petition of complaint. Complainant has also provided photocopy of the agreement for club membership with o.p. which has been annexed by complainant as annex-C with the petition of complaint. Complainant stated that in spite of a great deal of persuasion o.p. did not provide them the membership card and not make any opportunity for visiting the complainant and his wife anywhere. Under such circumstances, complainant found no other alternative but to file the instant case before this Forum with the prayers contained in the prayer portion of the petition of complaint.

            O.p. appeared in the case by filing w/v and contested the case and prayed for dismissal of the case after denial all the allegations as has been made by complainant in the petition of complaint.  

Decision with reasons:

            Upon considering the submissions of the parties on careful scrutiny of the entire materials on record, we find that o.p. has made deficiency of service to the complainant since they have not provided the membership card to the complainant as well as his wife pursuant to the agreement executed between the complainant and o.p. in this regard. Record reveals that complainant made persuasion in this regard but failed to obtain the membership card for which they have deprived for availing of any opportunity which is supposed to be offered to the complainant and his wife by virtue of membership card and as such, it is crystal clear that o.p. has made deficiency to the complainant being service provider. In view of the above, we hold that complainant has successfully made out his case and is entitled to relief.

            Hence, ordered,

            That the case is allowed on contest with cost against the o.p. O.p. is directed to return the complainant  a sum of Rs.25,000/- (Rupees twenty five thousand) only which has been received by o.p. and is further directed to pay compensation of Rs.5000/- (Rupees five 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.