DIST. CONSUMER DISPUTES REDRESSAL FORUM

NORTH 24 Pgs., BARASAT.

C. C.  CASE NO.  456/2017

  Date of Filing:                  Date of Admission:                             Date of Disposal:

   23.08.2017                             07.09.2017                                          11.09.2017

 Complainant:-      A. Rinku Das, 52/1, A.P.C. Road,

                                      P.O. & P.S.-New Barrackpore, Pin-700131, West Bengal.

                                  B. Sandip Prodhan, 263, P.K. Guha Road,

                                       P.O. & P.S.-Dum Dum, Kolkata-700 028, West Bengal.

                                                             Vs.

Opposite Parties:- 1) The Officer-in-Charge of Country Club Fitness,

                                        Ground Floor, City Centre-2 Mall, Rajarhat,

                                        Major Arterial Road, Action Area 11d, New town,

                                        Kolkata-700 157.

                                    2) The Officer-in-Charge of Country Vacations

                                        (Division of Country Club Hospitality & Holidays Limited),  

                                         A Division of Country Club (India) Limited,

                                         Amrutha Castle, 5-9-16, Saifabad,

                                         Opposite Secretariat, Hyderabad-500063,

                                         Andhra Pradesh.

P R E S E N T :-   Sri. Bankim Chandra Chattopadhyay…………President.

                       :-   Sri.  Siddharta Ganguli  ….………………………Member.

                       :-   Smt.  Silpi Majumder………………………………Member.

ORDER

This complaint is filed by the Complainants u/S 12 of the Consumer Protection Act, 1986 alleging deficiency in service as well as unfair trade practice against the OPs.

At the time of admission hearing of this complaint we have noticed that the documents as filed by the Complainants do not match with the contention of the petition of complaint. It is seen by us there was no agreement by and between the Complainants and the OPs through which it is evident that there is vacation properties at Gangtok and Darjeeling. It is mentioned by the Complainants in the complaint that it was told by the OP-1 to them verbally at the time of entering into the agreement. Secondly there is no averment in the agreement that the OPs have 59 vacation properties at different places. Moreover though the Complainant have prayed for refund of the amount of Rs.1,00,000/- as paid by them due to failure to keep commitment, but from the agreement it is evident that ‘The Membership Fees is Non-Refundable Under Any Circumstances and That The Membership Fee Is Not a Refundable Deposit’. Admittedly after accepting the said clause the Complainants put their signatures, so they have accepted the same. Therefore now they cannot travel beyond the same. But admittedly in our view by practicing fraud upon the Complainants the OPs have successfully obtained such hefty amount from them and in this manner the Complainants were cheated by the OPs. So the redressal of the dispute involved in this case cannot be adjudicated upon by this Ld. Forum under the Consumer Protection Act, 1986 and for their redressal of their dispute and grievance the Complainants are under the obligation to approach before the appropriate Court.

Hence the Complaint being no-456/2017 is dismissed without being admitted. However the Complainants are at liberty to approach before the appropriate and competent Court/Forum/Commission, if not barred otherwise. With the abovementioned observation the complaint is disposed of accordingly.

Let plain copy of this order be supplied to the parties free of cost as per the provision of the CPR, 2005.

Member                                   Member                                                       President

Dictated and corrected by me: