FINAL ORDER/JUDGEMENT

Smt. SAHANA AHMED BASU, Member,

Complainants’ case, in brief, is that being allured to the representation of the Agent of OPs Complainants took OPs.’ club membership of Rs. Rs.77,000/-  and the Complainants were told that the amount would be convert into EMIs on their Credit Card for 24 months. Finally OPs collected the said Membership amount through their Credit card on 21/12/2018. Realizing the blunder, the complainants requested the OPs to cancel the membership and refund the deposited amount deducting the service charge of Rs.3800/- on 24/12/2018 as per Clause No.26 of Agreement and an Email also sent on 27/12/2018. Complainants have made several requests through emails for refunding the deposited amount and get assurance from the OPs. But they have failed to fulfil their commitment. Therefore, the Complainants lodged complaint against the OPs on 10/04/2019 before CAD, Kolkata for mediation and also registered the matter on CPGRAM portal on 07.08.2019. Till date Ops did not refund the deposited amount. Having no other alternatives the Complainants approached before this Commission praying for relief/reliefs.

The instant consumer complaint is contested by the OPs by filing WV contending inter alia that the Complainants have deliberately suppressed and concealed various facts related to membership Agreement as well as efforts made by the OPs to resolve all such issues arising out of it and it does not disclose any deficiency in service. The case of the OPs is that understanding the benefits and after satisfaction Complainants decided to purchase the Membership for Rs.77,000/- and deposited the amount with full knowledge. The mail from the Complainants evoking the “Cool Off” as per the Agreement was received and duly responded by the OPs.Ratherin the month of November 2019 the Complainants were contacted by the Customer Service Dept. of the OPs over telephone to collect the cheque for refund of their membership amount from the Park Street office of the OPs, the same was denied by the Complainants as they were adamant in their extortion ways of gaining out more money from the OPs wrongfully and the Complainants never visited the said office of the OPs. As such, OPs have prayed for dismissal of the instant consumer complaint.

Ld. Advocate for the Complainants has advanced the case by adducing relevant evidences and documents. Per contra, OPs did not rely upon any documents. We have gone through all the evidences and documents on record and gave a thoughtful consideration to the entire fact.

It is admitted fact that Complainants have purchased Membership from OPs against payment of Rs.77,000/- on 21/12/2018. Complainants alleged that after purchasing the said Membership she applied for Cool Off as per Sale Agreement of OPs and requested to refund deposited amount on 24/12/2018 and 27/12/2018 vide emails. Photocopies of the said Emails furnished by the Complainants  in support of this contention. On perusal of the record it is found that Complainants have sent several reminders to the OPs through Emails dated 17.04.2019, 22.04.2019, 08.05.2019, 29.05.2019, 01.06.2019 & 05.009.2019.  OP1 replied vide Emails dated 26.12.2018, 27.12.2018, 11.04.2019, 22.04.2019, 23.04.2019, 22.05.2019 & 06.09.2019 as admitted by the Complainants informing that after deducting the nominal charges of Rs.3800/- remaining balance will be refunded to the Complainants. Photocopy of the Email dated 06.09.2019 issued by the OPs to the Complainant shows that:

We are following up with HO for refund but till date we have not received any confirmed date for the same. So Requesting you to wait. Once we receive any update we will give you a call. Please cooperate with us.

 Ld. Advocate for the Complainants argued that OPs did not appear before the CA & FBP as scheduled on 07.08.2019 and therefore the mediation had failed. As such the OPs have failed to refund the said deposited amount till date.

On the other hand, OPs did not furnish any document regarding the said Sale Agreement on negotiation with the Complainants. Ld. Advocate for the OPs denied the allegations made in the complaint petition and alleged that in the month of November 2019 the Complainants were contacted by the Customer Service Office of the OPs over telephone to inform that a cheque amounting the said refund has been received by them from the HO and the Complainants need to visit the Park Street Office of the OPs to collect such repayment. But the Complainants had denied to accept the repayment. In reality, we could not find any piece of documents in the entire case record which can support such offer of the OPs. Thus, we cannot but to decline with the aforesaid submission of the OPs.It is further submitted by the OPs that they will file supporting evidential documents as Exhibits during the appropriate stages of the case to prove their transparency. But the OPs failed to furnish any piece of evidence in support of such contention. As such, the case of transparency, aforesaid, could not be established by the OPs.

            In this context, we are of the opinion that the gesture of the OPs by violating the Terms and Conditionsof the Sale Agreement and failing to refund  the deposited sum, is surely falls under unfair trade practice on the part of the OPs.

Therefore, Complainants are entitled to get relief or reliefs as prayed for.

In result, the case merit succeeds.

Hence,

ORDERED

 That the case be and the same is allowed on contest against the OPs with cost of Rs.10,000/.

OPs arejointly and severally directed to refund (77000 – 3800) Rs.73,200/-to the complainant along with litigation cost of Rs.10,000/- within 45 days from the date of this order.

OPs are alsojointly and severally directed to pay Rs.20,000/- to the complainants as compensation for causing harassment, mental pain and agony within stipulated period failing which the deposited amount shall attract simple interest @12% p.a.

Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.