Date of filing : 23-04-2012
Date of order : 22-06-2012
IN THE CONSUMER DISPUTES REDRESSAL FORUM, KASARAGOD
CC.79/2012
Dated this, the 22nd day of June 2012
PRESENT
SRI.K.T.SIDHIQ : PRESIDENT
SMT.P.RAMADEVI : MEMBER
SMT. K.G.BEENA : MEMBER
Hamza Abubakar Abdulla, } Complainant
“Priya”, North Kovval,
Po.Trikarpur. 671310.
(In Person)
The Manager, Country Vacations, } Opposite party
Y.M.C.A Complex, Calicut. 673001.
(Exparte)
O R D E R
SMT.K.G.BEENA, MEMBER
The facts of the case is that on 9th January complainant received a call from Country Vacations Office, Calicut that he is one of the lucky winners drawn from the recent Grand Kerala Shopping Festival Offer from Kannur. The prize is 6 nights free stay with family in 5 star category resort located in Major tourist places in India and in our neighbouring countries also. For collecting the gift voucher personally, opposite party told him to be present in their office, the very next day complainant with his family went their office on 10th January 2012. The staff of opposite party described the activities of country club with many attractive offers of the selected lucky winners and 60% price reduction for ‘CLUB MEMBERSHIP”. Opposite party forced the complainant to purchase one membership for 30 years for `1,80,000/-. As an advance he paid `25,000/- through his credit and balance by EMI. After reaching home when he checked the web site of the said club, found extra charges for utility, annual maintenance and other extra expenses per year to avail the membership facility. Many complaints against them were also found. Complainant sent a registered notice to opposite party on 11th January to cancel his membership and to refund his advance of `25,000/- but was not complied by the opposite party, their customer approached and dealings are totally unfair trading and unethical practice. Hence the complaint for necessary redressal.
2. Though notices was sent to opposite party by registered post, they remained absent and therefore they had to be set exparte.
3. Here the complainant is informed by opposite party, that he is one of the lucky winners of recent GKSF offer from Kannur. The prize was an attractive free stay package with family in major tourist places in India and our neighbouring countries. Naturally this offer is alluring and inviting gullible consumer to “country club” membership. Opposite party offered 60% price reduction and Force the consumer to collect their membership. Due to their undue influence the complainant paid a sum of `25,000/- only towards advance payment through credit card balance. But after reaching home while going through the website of the said club, it is found that they are charging huge amount as extra expenses per year to avail the Membership facility. Those charges were not disclosed to the consumers. On verification in their Website the complainant happened to see some attachments with complainants about the services of opposite party convincing the fraudulent approach of opposite party complainant sent a registered letter. Ext.A3 on 11-01-2012 to the Manager of the club namely Mr. Sukesh S.K. requesting to cancel his membership and to refund the advance but in vain. Instead of refunding the same, complainant received an E-mail message, Ext.A7 with more offers. Complainant again requested to refund the advance through Ext.A4. But it was not heeded by the opposite party. Ext.A3 shows that complainant signed the agreement without free will. He requested 24 hours to think and make a final decision.
4. The attachments down loaded from the site proves the unfair trade practice following by opposite party. Advertisements or offers alluring and inviting gullible consumer to do something investing money amounts to unfair trade practice which is made clear by National Commission in Bajaj Auto Ltd & Anr V. Pankajkumar IV (2006) CPJ 267.
5. In todays world there are several offers through electronic media they are alluring innocent consumers through attractive offers by making huge claims about the services they are providing when a person fell in their trap will soon fed up with cheating. Naturally encountered with these problems the consumer must have been shell shocked compelling him to knock at the doors of Consumer Forum.
6. After carefully perusing the documents produced by the complainant, we are of the view that complainant was misleaded by the unfair trade practices following by opposite party. A consumer has every right to know the quality of services offered to him the exact charges . Here opposite party adopted fraudulent approach and forced him to pay advance to collect membership before knowing property about their activities and ofcourse it is an unfair trade practice and thereby the complainant had undergone monetary loss and mental agony.
In the result, the complaint is allowed and opposite party is directed to refund `25,000/- with a cost of `3000/- within 30 days from the date of receipt of this order. Failing which `25,000/- will carry interest @ 9% from the date of complaint till payment.
MEMBER MEMBER PRESIDENT
Exts.
A1 & A2. Photocopy of Club Brochure copies
A2(a) Photocopy of credit card received from membership fees
A3.11-01-2012 copy of receipt
A3(a) 11-1-2012 copy of letter sent by complainant to opposite party
A4.30-1-2012 copy of letter sent by complainant to opposite party
A5. copy of letter
A6. Photocopy of Holiday gift voucher
A7. 27-1-2012 copy of E-mail.
MEMBER MEMBER PRESIDENT
Pj/
