Order-21.
Date-23/08/2016.
This is an application u/s.12 of the C.P. Act, 1986.
The case of the complainant, in short, is that the O.Ps. approached the complainant with lucrative offer to avail their services in tourism sector and to become member of their organization so that they could avail free stay at any place in India at their hotel and resorts for four nights and five days. The complainants visited the office of the O.Ps. and the O.ps. got an application filled up for life membership and an agreement dated 27/05/2013 was also signed between the parties. The complainant alleges that he signed such agreement without having a glance having complete faith upon the representation of the O.Ps. The O.Ps. also demanded a sum of Rs.1,10,000/- and the complainants paid the said sum to the O.Ps. in two installments. Thereafter, in the year 2013 to 2014 the complainant planned to make a trip to Kashmir and accordingly approached the O.P. parties to arrange stay at Kashmir but the O.Ps. demanded money from the complainants to make such arrangement. The complainants could understand that they were befooled by the O.Ps. The complainants requested the O.Ps. on several occasions to cancel their membership and refund their money but to no good.
O.ps. have contested the case by filing W.V. contending inter alia that the complaint petition is harassive and designed to harm the reputation of the O.P. company. It is submitted that the complainants duly signed the contract at the office of the O.P. being completely satisfied with the norms, rules, terms and conditions of the company. It is stated that the complainant signed the country vacations international holiday club membership purchase agreement with the O.P. company on 27/05/2013 for a total purchase price of rs.1,10,000/-. It is clearly stated in the said membership agreement dated 27/05/2013 that the membership amount is not a deposit and the same is non-refundable. It is denied that the O.P. practiced unfair trade. It is also denied that the O.Ps. are deficient in service. It is stated that the O.Ps. are not liable to return Rs.1,10,000/- to the complainant. It is stated that the complaint being baseless and fabricated is liable to be dismissed in limini.
Point for Decision
- Whether O.Ps. are guilty of unfair trade practice?
- Whether the O.Ps. deficient in rendering services to the complainants?
Decision with Reasons
Both the points as we find have direct bearing upon each other. We accordingly take up both the points together for the sake of brevity and convenience.
We have browsed over the documents on record namely Xerox copy of blue season card, contact numbers of country vacations customer care Kolkata, country vacations international holiday club membership purchase agreement dated 27/05/2013, billionaire vacations agreement, club membership purchase agreement, payment receipts, holiday gift voucher, application for life membership, legal notice, refusal letter for refund of the deposit etc. as filed from the side of complainant as on record.
From the documents on record we find that the complainants took lifetime membership with O.P. organization by depositing a total sum of Rs.1,10,000/-. Seen the payment receipts- one dated 29/05/2013 for Rs.80,000/- and another dated 28/05/2013 for Rs.30,000/-. It is alleged by the complainants that the office representative of O.P.s approached them to avail lifetime membership with country vacations upon certain lucrative offer and benefits. It also appears that in the 2013-20104 the complainants approached the O.ps. with a desire to visit Kashmir under the tour package of the O.Ps. but the O.Ps. refused to arrange and accommodate the complainants with tour vacations. The complainants approached the O.Ps. to arrange for their stay at Kashmir but it is alleged by the complainants that the O.Ps. said that the complainants would have to pay for such arrangement. Subsequently, being disappointed the complainants requested the O.P. parties to cancel their membership and refund money but the O.Ps. did not do so and refused to refund as the amount paid was non-refundable and it was just a deposit.
It appears that the O.Ps. received a total amount of Rs.1,10,000/- from the complainants but the complainants could not avail any tour from the end of the O.Ps. It appears that the O.Ps. did not offer any accommodation at Kashmir.
It is argued by the Ld. Lawyer appearing for the O.P. that the complainants signed the agreement on their own volition and they are bound by the terms and conditions of the agreement and that the deposit was non-refundable. Seen the purchase agreement dated 27/05/2013. There is no certificate or endorsement appearing in the document that the terms and conditions therein were read over and explained to the complainants or the complainants being satisfied with the terms and conditions of the O.Ps. signed the document. It also appears that the complainants just signed on the application for vacation life membership and the columns on the form appear to have been written by a different person. We also find that the stipulations in the agreement are printed in very small font and it requires Himalayan patience to go through such terms and conditions. It is alleged by the complainants that they have signed the document with complete faith upon the representation of the O.P. parties. So we cannot say that the complainant is bound by the terms and conditions of the agreement.
It appears that the complainants took lifetime club membership and they were not offered any benefit under the said agreement. The complainants paid an amount of Rs.1,10,000/- to the O.Ps. but the O.Ps. failed and neglected to offer any benefit or even stay at any resort or hotel either at Kashmir or at any other place. So it appears that the O.Ps. have utilized the deposited amount of the complainant for their own gain without rendering any service or giving any benefit of tour, travelling, stay at any resort to the complainants. The question that haunts every sensible and reasonable person why a person would invest such a big amount just for getting membership and without any benefit?
We are constrained to hold that the O.Ps. are played with the trust of the complainants and they were befooled. Complainants, as we find, were enticed to invest the amount by the O.Ps. The O.Ps. cannot withhold the amount as deposited with them by the complainants. The O.Ps. we think have set up a gesture of deficiency of service and have also adopted unfair trade practice. The O.Ps. have received the amount without offering any service or benefit unto the complainants. The O.Ps. we think are indulged in unfair trade practice.
In result, the case succeeds.
Hence,
Ordered
That the case be and the same is allowed on contest against the O.Ps.
O.Ps. are directed jointly and severally to refund an amount of Rs.1,10,000/- along with interest at the rate of 9 percent p.a. w.e.f. 29/05/2013 till compliance within one month henceforth.
O.ps. are also directed to jointly and severally to pay an amount of Rs.50,000/- for unfair trade practice apart from litigation cost of Rs.10,000/- to the complainant within the said stipulated period.
Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act and in that case O.Ps. will be liable to pay penal damage at the rate of Rs.5,000/- per month to be deposited to this Forum till full and final satisfaction of the decree.
