In the Court of the Consumer Disputes Redressal Forum, Unit -I, Kolkata, 8B, Nelie Sengupta Sarani, Kolkata-700087. CDF/Unit-I/Case No. 44 / 2009 1) Mr. Susovan Lahiri, 21, Jatin Bagchi Lane, Kolkata-700029. ---------- Complainant ---Verses--- 1) The Manager (Sales), Vacation Club International Ltd., 230A, A.J.C. Bose Road, Kolkata-700020. 2) Panchawati Holiday Resort Ltd., P.O. & Villege-Munshidanga, Howrah-711403. ---------- Opposite Party Present : Sri S. K. Majumdar, President. Sri T.K. Bhattacharya, Member Order No. 1 1 Dated 1 5 / 0 2 / 2 0 1 0 . This is a case filed by the complainant u/s 12 of the C.P. Act, 1986 as amended up to date alleging deficiency of service. The case of the complainant in brief is hat the complainant Mr. Susovan Lahiri of Flat no.7C Dakshinee of 21 Jatin Bagchi Road being allured by the representation made by o.p. nos.1 and 2 and in order to enjoy the time share facilities became the member of o.p. no.1 Vacation Club International Ltd., the owner of o.p. no.2 Panchawati Holiday Resort Ltd. which has promoted Lake Land Country Club upon payment of Rs.75000/- as invitational membership price. In spite of repeated requests and demand made by the complainant the o.ps failed and neglected to act as per their assurance and under such compelling circumstances the complainant has served a notice for cancellation of his membership with o.p. no.1 and also prayed for return of money so deposited for membership with interest. But in spite of such letter no steps have been taken by the o.ps. Ultimately the complainant made request for refund of membership fees with interest in helpline column of ‘The Telegraph’. Moreover, in the mean time the o.ps. started demanding maintenance charges of Lake Land Country Club which is not within the agreement and illegal and without any basis at all and without getting any relief the complainant appeared before the forum for refund of his money which he has already paid as invitational membership charge along with Rs.30,000/- for harassment. On the other hand o.p. no.2 by filing w/v denied and disputed all allegations made by the complainant and stated that the complainant himself taken the membership of the o.p. club which was promoted by the o.p. no.2. The welcome letter was issued by o.p. no.1 who acted as the marketing agent of o.p. no.2 and it is well accepted that all club associations, societies are governed by its own Rules and Regulations and it is further contended and denied that the o.p. no.2 had failed and /or neglected to act as per its ‘assurance’ and the alleged complaint is vague and without any substance and the complainant has come up before the forum with vague and baseless allegations and with a prayer for cancellation of his membership and for refund of money. The complainant is a member of the club and has certain rights and privileges, facilities an advantages under its Rules and Regulations and as such, the o.p. no.2 herein and the club is not entitled to render any service to its members who are entitled to the privileges, facilities and advantages. In such view complainant is not a consumer as described under the C.P. Act and the bills for annual maintenance charges of Lake Land Country Club was made on the basis of the Rules and Regulations of club. The o.p. no.2 has no relationship with the consumer and the complainant being a member of a club is bound to comply with the Rules and Regulations of the said club and it is therefore, prayed that the complainant should be dismissed and prayers should be rejected. In view of the aforesaid pleading of the parties the following questions arose for determination of the case. 1) Whether the complainant is a consumer or not ? 2) Whether there has been any deficiency of service or unfair trade practice was adopted by the o.ps. or not ? 3) Whether the complainant is entitled to get refund of his money or not ? Decision with reasons : 1) The case was fixed for ex parte hearing against o.p. no.1 on 30.4.09 vide order no.4. Complainant filed BNA, evidence on affidavit in support of his petition of complaint along with one documents. O.p. no.2 also filed BNA, evidence on affidavit and documents in support of his case. We have perused all documents. Ld. Advocate of the complainant argued that in order to enjoy the Time Share Facilities of the Lake Land Country Club, the complainant has taken the invitational membership upon payment of Rs.75,000/- to O.p. nos. 1 & 2 who promoted O.P. no.2, the owner of the Lake Lane Country Club. It also appears to us from the documents filed by the complainant that after receiving of Rs.75,000/- one welcome letter was issued on 11.3.02 by o.p. no.1, Vacation Club. As such, we can consider the complainant Mr. Susovan Lahiri as a consumer under the purview of Sec 2(d)(i) of C.P. Act as he has hired service of o.p. no.2 to enjoy the ultimate country life style with quality services which was assured to be provided by the o.ps. 2) Ld. Advocate of the complainant argued that o.ps. have already given him life membership of the club with payment of Rs.75,000/- which already include annual subscription for 25 years @ Rs.2000/- per year and he is not supposed to make any further payment for annual maintenance purpose which the o.ps. are claiming from him as he has already paid the amount. The complainant stated that he had sent a letter to the o.ps. with a request for booking a room on 15.9.04 which was not confirmed and under compelling circumstances the complainant has served a notice for cancellation of his life time membership and for refund of money so deposited with interest. But in spite of that letter no step was taken by the o.ps. and the claim for payment of annual maintenance charge of the o.ps. are very unjustified. On the other hand ld. Advocate of the o.p. no.2 argued that the complainant is a club member and it is well accepted that all club associates societies are governed by their own law and the complainant is also bound to comply with the Rules and Regulations of the said club. The club does not render any service and the o.p. has no relationship with the consumer and the prayer for refund of money is to be rejected and the complaint should be dismissed. It appears from the welcome letter dt.11.3.02 that only after payment of Rs.75,000/- comprising of Rs.10,000/- security deposit, Rs.5000/- processing charge, Rs.10,000/- entrance fee, and Rs.50,000/- @ Rs.2000/- for annual subscription, the complainant was given life membership of club by o.p. no.1. In that letter it was categorically mentioned that in case the member desires to cancel the life membership, he can do so after locking period i.e. 5 years, and refund shall be made after deduction of Rs.5000/- processing charge, entrance fee of Rs.10,000/- and Rs.2000/- per year for the years used by the member. In this case it appears to us from the letter sent to the Telegraph annexed by the complainant himself that the complainant Mr. Susovan Lahiri has availed of one night free stay at the o.ps. guest house In the year of 2002. On 21.8.04 the complainant has sent letters which were duly received by the o.ps., thereby requested the o.ps. for booking of room for 15.9.04 and on 3.4.07 the complainant sent a leter stating that as without providing any service the o.ps. only enjoying membership fees and as such the complainant wants to get refund of his amount with interest within 15 days. But in spite of that o.p. no.2 has not taken any step nor even returned his money after deduction till filing of his case. Moreover, the complainant has stated that he has not signed any other agreement paper of o.p. other than the welcome letter and o.p. also was not able to show us any such agreement paper signed by the complainant. We cannot consider the unsigned agreement paper filed by the o.p. as a valid document . As such, we hold the view that in spite of repeated requests and correspondence made by the complainant the o.p. has not taken any step nor even cancelled his membership and returned money to the complainant as per their own letter dated 11/03/2002 amounts to deficiency in service and the complainant is entitled to get refund of his money. Moreover, it appears from the letter dt.11.3.02 that the complainant has already paid Rs.50,000/- @ Rs.2000/- per year for annual subscription and nothing was mentioned regarding annual maintenance charge which o.p. no.2 has claimed from the complainant afterwards. We are of the opinion that the o.ps. cannot take any hidden cost and which is very much unfair trade practice in nature. Hence ordered In view of the above discussion the complainant is entitled to get relief and o.p. no.2 is directed to cancel the membership of the complainant and to refund of Rs.58,000/- (Rupees fifty eight thousand) only (after deduction of processing charge of Rs.5,000/-, entrance fee of Rs.10,000/- and Rs.2000/- for the year used by member from Rs.75,000/- which was initially paid by the complainant as life membership charges) within 45 days from from the date of communication of this order and in default, the amount will carry interst @ 10% p.a. till its full recovery. O.p. no.2 is further directed to pay Rs.20,000/- (Rupees twenty thousand) only as compensation for harassment, mental agony to the complainant within 45 days from date of the communication of this order, failing which the o.p. no.2 will have to pay interest @ 10% p.a. till recovery and litigation cost Rs. 3000/- within 45 days from the date of communication of this order failing which the amount will carry interest @ 10% p.a. till full recovery. Fees paid are correct. Supply certified copy of this order to the parties on payment of prescribed fees. _____Sd--______ ______Sd--_______ MEMBER PRESIDENT | 
