Dated : 23 June, 2022

Final Order / Judgement

MRS. MANJUSRI SARKAR CHOWDHURY, MEMBER

FACTS IN BRIEF

The fact of the instant complaint is that the complainant on being persuaded and convinced by the approach of the Opposite Parties executed one membership agreement for 10 years dated 15/07/2018 at the office of OP No. 1 and paid an amount of Rs.1,85,000/- (One Lakh Eighty-Five Thousand Rupees Only) to OP No. 1 for which money receipts (Annexure-B) were issued to her. However, later she discussed the matter with her husband and decided to cancel the said membership agreement and accordingly, on 16/07/2018 through an Email she requested the OPs for cancellation of her membership agreement and that request was made within the cooling of period of 10 days from the date of signing of the membership agreement. According to Clause No. 34 on such cancellation of the agreement within cooling of period after a deduction of Rs.3,800/- (Three Thousand Eight Hundred Rupees Only) towards administration charges the balance amount is refunded to the concerned member within 120 days from the date of invoking of cooling of period. Thereafter, complainant also visited the office of the OPs and finally the said cancellation of the agreement was confirmed by the OPs on 24/11/2018. The complainant was assured that the money paid by her would be refunded after deduction of the said administration charges. But thereafter, several times the complainant requested for payment of the amount of refund but to no effect. It is alleged by the complainant that several times the Email ID of her husband through which correspondences were done blocked by the OPs. As the complainant could not get the refund of Rs.1,81,200/- (One Lakh Eighty-One Thousand Two Hundred Rupees Only) i.e. after deduction of the amount of Rs.3,800/- (Three Thousand Eight Hundred Rupees Only) as administration charges as yet, she came to this Commission and lodged this complaint against the OPs seeking several relief (s) including refund of the said money and compensation and cost of litigation etc.

            Be it noted here that despite the service of notice upon the OPs they did not appear and contest this case.

            Complainant filed here evidence-on-affidavit along with several documents namely, agreement dated 15/07/2018, several original money receipts dated 18/07/2018 for different amounts, statement of transaction by credit card and original acknowledgement receipt of Rs.1,80,000/- (One Lakh Eighty Thousand Rupees Only).

CONSIDERATION WITH REASONS:-

We have gone through the materials on record including the evidence adduced by the complainant.

            From the documents, we find that the complainant files 4(four) copies the receipt issued by the OP showing making payment of Rs.1,85,000/-, (One Lakh Eight-Five Thousand Rupees Only) on 15/07/2018. Thereafter on the next day i.e. on 16/07/2018 she cancelled the said agreement by sending a communication to the OPs. 

                 The complainant also files a membership agreement dated 15/07/2018. Clause 34 of the terms and conditions it is specifically mentioned that there shall be a cool off period  of 10 days from the date of signing of the membership agreement wherein member can discontinue the agreement by paying a nominal administration charges of Rs.3,800/- (Three Thousand Eight Hundred Rupees Only) to the company. After deducting the aforesaid amount (Rs.3,800/-) remaining amount would be refunded to the member within 120 days from the date of invoking of cool off period.

            We have scrutinized the materials on record and considered the submission advanced by the Ld. Advocate of the complainant.  From the documents, filed on behalf of the complainant we find that even after cancellation of the said agreement dated 15/07/2018, the OP did not take any steps to refund the money after deduction of Rs.3,800/- (Three Thousand Eight Hundred Rupees Only) towards administration charges. Though the complainant was assured of the refund but nothing received by her in this regard. That is why, the complainant has been compelled to approach the Commission for redressal of her grievances.

     Having gone through the entire materials on record and the submissions made on behalf of the complainant we find that complainant has been able to prove her case and so, she is entitled to the relief as prayed for. The complainant is entitled to Rs.1,81,200/-  (One Lakh Eighty-One Thousand Two Hundred Rupees Only)i.e. (Rs.1,85,000- 3,800) along with interest @ 10 % per annum. This apart complainant is also entitled to Rs.5000/- (Five Thousand Rupees Only) for cost of litigation.

Accordingly, it is

ORDERED

            The instant complaint be and the same is allowed ex parte against the OPs.

            OPs are directed to pay Rs.1,81,200/- (One Lakh Eighty-One Thousand Two Hundred Rupees Only) along with interest @ 10% per annum from the date of filing of this case i.e. 29/09/2021 until realization in full. OPs are also directed to pay Rs.5,000/- (Five Thousand Rupees Only) as litigation cost.

            OPs are to make payment of the said awarded amount within 45 days from the date of this order. Both the Ops are jointly and severally liable to pay the said amount to the complainant.

            If the order is not complied by the OPs, the complainants are at liberty to proceed in accordance with law.

Dictated and corrected by me.

                Member