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 by depositing Rs.80,200/- through his Debit card and by cash on 22/04/2019. After realizing the blunder, on 24/04/2019 and 29/04/2019 complainants sent e-mails requesting to cancel the membership and OPs replied the said mail on 07/05/2019 vide e-mail intimating that they will refund the deposited amount after deducting of Rs.3,800/- being service charge. As per Clause No.27 of the sale agreement OPs have to refundthe deposited amount within 120 working days. But they failed to refund the deposited amount within stipulated period. Therefore, the complainant sent several letter dated 13/09/2019 requesting to refund the said amount. But Ops neither refunded the deposited amount nor respond the aforesaid letter. 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.80,200/- 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 December 2019 the complainant was contacted by bthe Customer Service Dept. of the OPs over telephone to collect the cheque for refund of her membership amount from the Park Street office 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 have not filed any documents failed. 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.80,200/- on 22/04/2019. Complainant alleged that after purchasing the said Membership they applied for cool off as per sale agreement of OPs and requested to refund deposited amount on 24/04/2019 and 29/04/2019 vide email. OPs replied the email on 07/05/2018informing that they will refund the deposited amount after deducting the nominal charges of Rs.3800/- and remaining balance will be refunded within 120 working days from the date of invoking cool off period. Photocopies of the email furnished by the complainant support this contention.It is also the case of the complainants that OPs failed to fulfill their commitment within stipulated period. Thereafter the complainant made several correspondence with the OPs regarding the disputeand sent a letter through speedpost on 13/09/2019. Photocopies of emails dated 04/06/2019,19/08/2019, 26/08/2019,  and 26/09/2019 is showing that OPs gave nothing but an  assurance.

On the other hand, OPs did not file 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 December 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 conditions  of the Sale Agreement and failing to refund  the deposited sum, is surely falls under unfair trade practice on the part of the O.Ps.

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/.

OPsarejointly and severally directed to refund Rs.76,400/-  (80200 – 3800 = 76400) 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.

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