Points for Determination
In the light of the above pleadings, the following points necessarily have come up for determination.
1) Whether the OPs are deficient in rendering proper service to the complainant?
2) Whether the OPs have indulged in unfair trade practice?
3) Whether the complainant is entitled to get relief or reliefs as prayed for?
Decision with Reasons
Point Nos. 1 to 3:-
All the points are taken up together for sake of convenience and brevity in discussion.Upon perusal of the consumer complaint coupled with evidence of the complainant including photocopies of the money receipts amount Rs 1,39,700/ on different dates along with the “Country Vacations Holiday Club Membership Purchase Agreement” dated 08.03.2016.We find that the complainant had deposited 1,39,700 ( Rupees One Lac Thirty nine thousand Seven Hundred ) only and took the membership of the mentioned Club.But after few months when the complainant came to know that the commitment made verbally by the representatives of the “Country vacation” was completely missing and none of the officials entertained their request then they decided to cancel the membership and requested to refund the advance amount of Rs,1,39,700/ for that On 08.02.2021 the complainant sent an advocate letter to the OPs and asked to withdraw the membership agreement and refund of the deposited membership charges of Rs 1,39,700/ out of total membership charges of Rs,1,50,000/ as mentioned in the package sale agreement.Inspite of the development the OPs failed to discharge their contractual obligations regarding payment of the said amount and making unnecessary delay on the part of the complainant.
A petition on maintainability ground filed on 31.01.2022 and the same was registered as MA 48/2022. The issue in the instant petition is kept open to be heard along with the merit of the case and the same is heard is considered. It is contended by the OPs that the instant complaint is barred by limitation and prayer of the OPs is dismissal of the case on the ground of misuse of the right without consideration for the process of law. On careful scrutiny of the complaint petition the OPs did not rendered the service to the complainant as they committed for and which amounts to deficiency in service and also unfair trade practice and such the prayer of the OPs in MA is rejected.
The WV as filed by the OPs on 28.12.2021 that has no basis and hence there is no leg to stand in the instant case.As the OPs have failed to refund the amount of the complainant and the complainants are in regular in touch with the OPs to get his amount back,hence this is a continue cause of action until the OPs refund the amount to the complainant. It is our considered view that the complaint is very much maintainable in the instant case under consumer Protection Act 2019.
The OPs are fully aware that they are liable to pay the deposited amount including interest thereon to the complainant. Complainant deposited his hard earned money with the OPs. The OPs deliberately make their illegal gains and to deprive the complainant from his lawful right withheld the deposited amount. Thus, the OPs have adopted unfair trade practice, and in fact, withhold the deposited amount of Rs. 1,39,700/( Rupees One Thirty Nine thousand Seven Hundred ) only along with accrued interest. Complainant have filed his affidavit reaffirming the allegations. Thus, it stands proved that despite of having received Rs. 1,39,700/( Rupees One Lac Thirty Nine thousand Seven Hundred ) only the OPs have failed to refund the said amount. In absence of any explanation
for failure to comply with the stipulation of refund of deposited amount, we have no hesitation in concluding that the OPs have committed deficiency in service and also has indulged in unfair trade practice
The Consumer Protection Act came into being in the year 1986. It is the benevolent piece of legislation to protect the consumers from exploitation. The spirit of the benevolent legislation cannot be overlooked and its object is not to be frustrated. The complainant has deposited Rs. 1,39,700/( Rupees One Thirty Nine thousand Seven Hundred ) only to the OPs for membership of the tour package but due to violation of breach of Trust as he was compelled to cancel the same and requested for refund of the amount.. The OPs failed and neglected to pay deposited amount Rs. 1,39,700/( Rupees One Lac Thirty Nine thousand Seven Hundred ) only to the complainant and the act and conduct of the OPs are clear case of deception, which resulted in the injury and loss of opportunity to the complainant. Had the complainant not deposited his money with the OPs,he would have deposited the same elsewhere.The complainant cannot be wait indefinitely to get the said amount. The complainant has suffered mental agony, pain and harassment. It is settled principle of law that the compensation should be commensurate with loss suffered and it should be just, fair and reasonable and not arbitrary. To get relief, the complainant has to wage a long drawn and tedious legal battle. In these circumstances, the complainant is entitled to refund of deposited amount along with compensation.
In the result, the case succeeds .
Hence,
Ordered
That the complaint case be and the same is allowed contested against the OPs.
OPs are directed to refund the deposited amount Rs. 1,39,700/( Rupees One Lac Thirty Nine thousand Seven Hundred ) only
OPs are further directed to pay Rs. 15,000/- (Rupees Fifteen thousand) as compensation for causing mental agony, pain and harassment to the complainant with a litigation cost of Rs,10,000(Rupees Ten Thousand)on within the stipulated period.MA 48/2022 is thus disposed off.
The above order should be complied with by the OPs within 45 days from the date of passing of this order.
Complainant is at liberty to put the order in execution, if the OPs transgresses to comply the order according to Consumer Protection Act, 2019 after the expiry of 45 days.
