BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 18^THDAY OF AUGUST 2022

ORDER

SRI.H.JANARDHAN, MEMBER

1. This complaint has been filed under section 35 of C.P.Act,2019 seeking reliefs against OPs to pay a sum of Rs.74,868/- along with interest at the rate of 24% from the date of agreement signed by the complainant  and OPs till the date of realization and pay Rs.7,500/- towards litigation expenses and such other reliefs.

2. The brief facts of the complaint is as under:

The complainant has approached 2^nd OP, who is representative of OP-1, who being the authorized signatoryhad entered into a Millionaire Clubpremium package sale agreement dt.17.08.2019 by receiving a total sum of Rs.74,868/- for club and vacation membership vide no. CVBG2MPCLUB5LB266545. As peragreement in the clause no.27 invoking the cooling periodof 10 days that the complainant sent email on 09.10.2019 within 04 hours after registration for cancel the membership vide email dt.18.09.2019. Inspite of receipt of email for cancel of the club vacation membership, the OP did not cared to the email or to the complainant’s calls. The OPs forced to the complainant to sign the said agreement without allowing the complainant to read the documents completely,after reading documents fully at home, the complainant decided torevoke the membership and same was conveyed through the mail withinWithin 04 hours of registration from the date of signing the agreement.Further, the complainant has also sent the notice through RPAD dt.21.10.2019 and have requested OPs for repayment of the membership fee, but no efforts were madeby the OPs to repay the same. Being aggrieved by the said act of the OPs, the complainant filed this present complaint.

3. After issuance of notice, OPs appeared through their counsel  and have filed version. In the version the OPs contended that  the complaint is not maintainable, there is no cause of action, complaint is vague, bald and complaint is devoid on merits. OPs have contended that  the complainant after taking of the necessary documentation work required for admitting the complainant as member of country vacations hospitality and holidays limited. OP-1 explained to the complainant regarding the different holiday packages  offered by the OPs and have given copy of the purchase agreement. After going through the same, the complainants has affixed his signature to the said agreement. It is also agreed by the OPs  that the complainant had took the purchase agreement dt.17.08.2019 and the said terms and conditions of the agreement  the complainant had paid amount of Rs.74,868/- and the complainant entitled for holiday vacations for 06 days/07 nights for one year for a period of 05 years and only maintenance charges irrespective of usage of facilities the membership is accepted subject  to the terms and conditions. More over the complainant was also provided to access the website through online by giving ID and password and also complimentary pass coupons and one day privilege pass  holiday gift voucher was given to the complainant. Further OP contended the OP company applied cool off period within 10 days. OPs got replied  from the mail that you have waited for 120 days to collect for refund money is denied as false. OPs have not received any email and communication from the  complainant. The OPs also contended that there is no  cause of action to file present complaint and denying all other allegations  made in the  complainant and submits that there is no deficiency of service on the part of OPs and prays to dismiss the complaint with exemplary costs.

4. The complainant has filed his affidavit evidence and got marked exhibit P1 to P6 and affidavit evidence of OPs is taken as nil.

5.      Heard arguments of the complainant. Perused documents.

6.      The points that would arise for our consideration are as under:-

1. Whether there is deficiency in service on the part of the OPs?
2. Whether the complainant is entitled for the reliefs as sought for?
3. What order?

7. Our answer to the above points are as under:

       Point No.1:- Affirmative in part.

      Point No.2:- Affirmative in part.

      Point No.3:-As per the final order.

REASONS

8.  Point No.1 & 2: On perusal of the pleading, it is admitted by the parties that the complainant has paid sum of Rs.74,868/- towards club and vacation membership and he was given a club millionaire premium package by  sale agreement, which is marked as Exhibit P1. On Perusal of it reveals that the complainant had entered into agreement with the OPs for club membership.  The complainant was also provided that welcome membership letter, which is marked as exhibit P2, which reveals that the complainant has paid for the OPs and has obtained club membership and he was also  welcomed by the OPs. Meanwhile within 01 day after going through the terms and conditions of the  agreement provided by the OPs,  complainant intended to cancel the club membership. More ever, the complainant has stated that within fraction of 04 hours after membership,  sent email to the OPs for cancellation of the agreement. But inspite of receiving  of mail, the OPs have not reverted back to the complainant’s mail and more over frequent  calls  were made by the complainant for cancelation of club membership. But, OPs due to reasons best known to them have not reverted  back to the said mail or to the call and have kept mum. Though there is a clause in the agreement, which has stated in the millionaire  club package agreement  para-27 of the said agreement it is  stated that cooling period of 10 days from the date of signing of the agreement, the members are entitled refund after deducting nominal administrative charges of Rs.3,800/-. After deducting the said charges, the OP should have  refunded membership fee within 120 working days. But, inspite of said clause, the OPs have not refunded the amount to the complainant after deducting Rs.3800/- after expiry of 120 working days. The complainant has intimated well within cooling period of 10 days that he is not interested to continue the club membership and also sought for refund of the amount. But, for  the reasons best known to the  OP, the OPs have not refunded the amount after deducting administrative charges of Rs.3800/-. The said act of the OPs is highly deplorable, it can said  that there is a deficiency of service on the part of OPs for non refund of the amount and non-repaying of the amount is nothing but deficiency of service as well as unfair trade practice adopted by the OPs. Hence, the complainant has proved deficiency of service on the part of OP. Hence, we answer the point no.1 &2 in the affirmative.

9.  Point no.3:- For the for going reasons, we come to the conclusion that the complainant has proved deficiency of service on the part of Ops. OPs are directed to refund Rs.71,068/- after expiry of 120 days provided by the OPs for refund i.e. from 17.12.2019 along with interest at the rate of 06% p.a. from 17.12.2019 till realization.  More over the complainant has engaged service of advocate to contest the case on merits. Hence, the complainant is entitled for Rs.5,000/- towards cost of litigation.  Accordingly, we proceed to pass the following 

O R D E R

1. The complaint is allowed in part.
2. OPs are directed to refund an amount of Rs.71,068/- along with interest at the rate of 06% p.a. from 17.12.2019 till realization to the complainant and to pay Rs.5,000/- towards cost of litigation.
3. The OPs shall comply this order within 60 days from the date of this order, failing which the OPs shall pay interest @ 12% p.a. on Rs.71,068/- after expiry of 60 days till realization.
4. Furnish the copy of this order to both the parties and return extract pleading and documents to the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 18^th  day of August, 2022)

Documents produced by the Complainant-P.W.1 are as follows:

Documents produced by the representative of opposite party – R.W.1 : Nil