FINAL ORDER/JUDGEMENT
Smt. SAHANA AHMED BASU, Member,
Complainant’s case, in brief, is that being allured to the representation of the Agent of OPs complainants took OPs.’ club membership by depositing Rs.1,50,000/- through his Credit card on 25/12/2018. On same date the complainant received an email from the office of the OPs stating that OPs may provide only vacation subject to further payment of Rs.10,500/- every time when the complainant intend to use resort of the OPs. The complainant contacted an official of the OPs and he gave verbal assurance to the complainant. Realizing the blunder, the complainant sent an e-mails requesting to cancel the membership on 29/12/2018 a reminder also sent on 31/12/2018 . OPs communicated with the complainant over telephone intimating that they will refund the deposited amount after deducting of Rs.3,800/- being service charge. But on 24/01/2019 the complainant received membership acknowledgement with Card. As per the sale agreement OPs have to refund the deposited amount after deducting Rs.3,800/- , but they failed to fulfil their commitment. Therefore, the complainant lodged complaint against the OPs on 25/01/2019 before CAD, Kolkata for mediation. OPs attended the mediation on 08/03/2019 and pleaded that since the cancellation request has been received within Cool Off period , they are eager to refund the deposited amount after due adjustment of Rs.3,800/- . But Ops did not refund the deposited amount. Having no other alternatives the complainant approached before this Commission praying for relief/reliefs.
The instant consumer complaint is resisted by the OPs by filing WV contending inter alia that the complainant has 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.1,50,000/- and deposited the amount with full knowledge. The mail from the complainants evoking the “Cool Off” clause of the agreement was received and duly responded by the OPs.Ratherin the month of June 2019 the complainant was contacted by the Customer Service Dept. of the OPs over telephone to collect the cheque for refund of her membership amount from the Topsiaoffice of the OPs, the same was denied by the complainant as they were adamant in their extortion ways of gaining out more money from the OPs wrongfully and the complainant never visited the said office of the OPs .The 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 complainant has purchased Membership from OPs against payment of Rs.1,50,000/- on 25/12/2018. Complainant 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 29/12/2018 and 31/12/2018 vide email. OPs replied the email over telephone as admitted by the complainant informing that they will refund the deposited amount after deducting the nominal charges of Rs.3800/- and remaining balance will be refunded. Ld. Advocate for the complainant argued that despite that the OPs sent membership acknowledgement with Card to the complainantvide e-mail. Photocopy of the said email furnished by the complainant support this contention.It is also the case of the complainants that OPs failed to fulfill their commitment which they have submitted before the CAD, Kolkata on 08/03/2019. Photocopy of the said proceedings reveals that the Mediating Officer requested Ld. Advocate for the OP to issue a letter to the complainant conferming the earliest release of payment by the first week of May 2019. But 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 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 June 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 Topsia 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 conditions of 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 Rs.1,46,200/- (150000 – 3800 = 146200) to the complainant along with litigation cost within 30 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.
Liberty be given to the complainant to put the order in execution, if the OP transgress to comply the order.
