FINAL ORDER/JUDGEMENT

SHRI SWAPAN KUMAR MAHANTY, PRESIDENT

            The case of the Complainants, in brief; is that they purchased Millionaire Club Premium Package Sale Agreement dated 21.04.2019 of OP-2 against payment of Rs.70,000/- and an agreement was executed between the parties. The OPs promised to provide different services to the complainants in terms of the Sale Agreement but failed to provide any service. Complainants vide email requested the OP-3 to cancel the Sale Agreement and the refund the deposited the amount of Rs. 70,000/-. Complainants have alleged that despite several requests. The OPs failed and neglected to refund the deposited amount. There is deficiency in service and unfair trade practice on the part of the OPs. Hence, the consumer complaint.  

            The OPs have contested the case by filing WV alleging that the amount paid by the complainants is not refundable under any circumstances as per membership agreement. Complainants have accepted the terms and conditions of the membership agreement voluntarily. There is no deficiency in service and unfair trade practice on the part of the OPs. The contents of the complaint are false and fabricated. Therefore, the complainants are not entitled to get any relief as prayed for. Accordingly, the OPs have prayed for dismissal of the complaint with cost.

            We have heard the argument on merit. Perused the consumer complaint coupled with e/chief filed by the Complainant-1 along with documents annexed thereto. Neither the  OPs file any questionnaire nor any e/chief in support of their case.            The complainants by way of un-contradicted testimony have proved that the OPs have entered into Millionaire Club Premium Package Sale Agreement dated 21.04.2019 on payment of Rs.70,000/- and is supposed to provide different type of services to the complainants but failed to provide any service to the complainants. Despite email the OPs did not cancel the said agreement and refund the deposited amount of Rs. 70,000/-. Complainants have clearly stated that the OPs have committed deficiency in service. As the OPs did not file  any evidence to reburt the evidence of Complainant-1. As such, the allegations of the complainants are deemed to have been admitted as correct. In absence of any evidence of OPs to reburt the allegations of the complainants,  we have no hesitation in concluding that the OPs have committed deficiency in service as also have indulged in unfair trade practice and therefore, we allow the complaint with the following directions :-

1. The OPs shall refund the entire amount  of Rs.70,000/- only to the Complainants after deducting Rs. 3,800/- as administrative charges within 60 days from today along with compensation in the form of simple interest  at the rate of 5 percent per annum from the date of payment till the realization of the amount,
2.  The OPs shall pay a sum of Rs.5,000/- only as litigation cost to the complainants.
3. The OPs are directed to deposit Rs. 5,000/- only to this commission as punitive damage for unfair trade practice within the stipulated period.
4.  Liberty be given to the complainants to put the order in execution, if the OPs transgress to comply the order.

Copy of the order be supplied to the complainants as per rules.