1. Neeta Ray,
2. Samanya Ray,     

Manicktala Housing Estate,

Block-Y, Flat-6,

P.S. Kankurgachi, Kolkata-54._________ Complainants

____Versus____

1. The Venue Manager,

Country Vacations,

86B/2, 4^th Floor, Gajraj Chambers,

Park Circus Connector,

Topsia Road, Kolkata-46.

2. The Manager,

Country Vacations,

CK-27, 123 Boss Pukar Road, Kolkata

3. The Managing Director,

Country Club India,

Amrutha Castle, 5-9-16,

Saifabad, Opp. Secretariat,

Hyderabad, Andhra Pradesh – 500063. ________ Opposite Parties

Present :           Dr. Subir Kumar Chaudhuri, Member.

                        Smt.  Samiksha Bhattacharya, Member

Order No.   13    Dated  29-07-2016.

       The case of the complainants in short is that complainants received a call and invitation from o.p. no.1 for discursion with regard to various holiday packages club membership etc. The marketing brilliance along with the projection created by o.p. no.1 regarding the facilities of club convinced the complainant to become members of the club. Accordingly complainants made a payment of Rs.2,20,000/- for membership of 30 years and a Membership Purchase Agreement had been executed. When complainants visited the office of o.p. no.2 they realized that the condition of the club was pathetic since there were no facility. When complainants informed their grievance to o.ps. only false assurance was provided that the club would be operational with the restaurants soon. However, to the utter shock of complainants the club was not operational though more than a year has been elapsed. Moreover, complainants was allured for holiday gift voucher for seven days (accommodation and country club) on payment of Rs.4000/- along with free single sector air ticket for the couple within India against the payment of Rs.999/-. However, none of these facilities were availed of by complainants. Complainants made various requests to cancel the membership and prayed for refund of entire amount paid by them. But they did not receive any response from o.ps. Complainants sent a letter dt.18.6.14 to o.ps. stating in details their grievances in the hope of receiving a positive response but in vain. Hence the application praying for refund of Rs.2,20,000/- along with compensation and cost.

            O.ps. did no contest the case by filing w/v and as such, matter was heard ex parte against the o.ps.

Decision with reasons:

            We have gone through the evidence of the complainants and documents in particular. It is evident from the documents that complainants duly signed the Country Vacations International Holiday Club Membership Purchase Agreement with the said company on 20.4.13 for a total purchase price of Rs.2,20,000/-. Complainants annexed all the payment receipts with the complaint petition as annexure.  When complainants visited the club of o.ps. they became astonished that the club was not at all ready. But complainants already took the membership for 30 years by paying a lumpsum amount of Rs.2,20,000/-. When complainants informed the situation of the club to both the o.ps. they assured the complainants that the club would be operational with restaurants very soon. But complainants waited for a year. But the club was not at all at par which was assured by o.ps. Being frustrated complainants approached the o.ps. for refund of their deposited amount towards membership. Complainants made several communications with o.ps. for refund but o.ps. did not pay any heed. Due to unchallenged testimony we have nothing to disbelieve the documents adduced by complainant. 

            In view of the findings above and on careful scrutiny of the entire materials on record, we find that there is deficiency in service on the part of o.ps. being service providers to the consumer / complainant and as such, complainants are entitled to relief.

            Hence, ordered,

            That the case is allowed ex parte with cost against the o.ps. O.ps. are jointly and/or severally directed to refund a sum of Rs.2,20,000/- (Rupees two lakhs twenty thousand) only to the complainants towards the deposited amount and are further directed to pay compensation of Rs.55,000/- (Rupees fifty five thousand) only for harassment and mental agony and litigation cost of Rs.10,000/- (Rupees ten thousand) only within 30 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of the complainant till full realization.            

            Supply certified copy of this order to the parties free of cost.