Consumer Disputes Redressal Forum, Unit -I, Kolkata,

8B, Nelie Sengupta Sarani, Kolkata-700087.

CDF/Unit-I/Case No. 87 / 2008

1)           Sri Pratap Dhar and

2)           Smt. Lily Dhar

Both of

87/58A, Bose Pukur Road,

1)           Toshali Resort International,

9, Camac Street, Kolkata-71.                                  ---------- Opposite Party

Present :         Sri S. K. Majumdar, President.

                         Sri T.K. Bhattacharya, Member

Order No.       1 8     Dated  2 9 / 0 3 / 2 0 1 0 .

The instant case arises out of the petition of complaint filed on 20.3.08 by the complainant (1) Sri Pratap Dhar and (2) Smt. Lily Dhar, w/o Pratap Dhar, both of Flat no.87/58A, Bosepukur Road, Avinandan Apartment (Ruby Park), Kasba, Kolkata-42 u/s 12 of C.P. Act, 1986 against the o.p. Toshali Resort International, 9, Camac Street, Santiniketan Building, Kolkata-71 with the prayer for realization of (a) amount towards deposit of Rs.95000/-, (b) saleable unused holidays amounting to Rs.360000/-  and (c) interest @ 18% p.a. from the year 2000 to till the realization of outstanding dues.

          Specific case is that the complainants being induced by the o.p. to pay Rs.95000/- with a promise to give them lucrative benefits and financial gains by the o.p., the complainants made an agreement with the o.p. and executed the same on 14.12.1999 (annex-A) and on the basis of the terms and condition, the complainants have become members of the o.p. on 31.3.2000 (annex-B).

          The complainants could not think at all that the o.p. has taken the ploy to extract the money from the complainants on false pretext.

          Subsequently, the prize of the lottery given by the o.p. appeared to be substandard worthless micro oven.

          The o.ps. had lured the complainants to invest Rs.95000/- in order to earn Rs.45000/- per year and the complainants accordingly paid the amount of Rs.92,625/- interest of Rs.95,000/- to the o.p. (annex-C) and the O.P. has given him the discount of Rs. 2375/- for his timely payment.

          The complainants submit that they after making full and final payment to the o.p. and on the assurance of the o.p., the complainants being the bona fide members of the said organization of the o.p. booked one lucky draw coupon being SL no.XTM-064 but no response from the o.p. has come to the complainants although the o.p. received the same.

          The complainants asserts that they are entitled to the amount of Rs.360000/- towards the cash value of saleable holidays lying to the credit of the complainants.

          Since there was no response from the o.p., the complainants through their ld. Advocate Mr. Ajoy Roy sent one legal notice dt.30.10.03 demanding the complainants’ legitimate claim from the o.p., but the o.p. kept silent till date (annex-D).

          Finding no other way the complainants further sent another legal notice dt.31.7.04 to the o.p. through their lawyer to refund money but the o.p. remained mum (annex-E).

          As such, in view of the situations above, the complainants filed this case u/s 12 of C.P. Act, 1986 for redress of their allegations.

Decision with reasons :

          Perused the pleadings, w/v of the o.p., A/E in Chief of the complainants, BNA of the complainants, A/E of the o.p. no.1, written notes of argument filed on 22.7.09 and documents on record.

          In order no.10 dt.30.3.09, the Forum fixed 11.5.09 for ex parte hearing against the o.p.

          On 22.7.09 the ex parte order was vacated on submission of A/E and BNA.

          From the records, it is evident that the complainants could not submit any material evidence to prove that unspent holidays are saleable. Moreover, the agreement signed by both the parties does not reflect anything towards the sale of the unspent holidays.

          But there is nothing to prove also that there exists a bonded member. The complainants have got the right to withdraw their membership from the organization of o.p. at any time, since the members (complainants) are not bonded members.

          The complainants expressed their intention to withdraw their membership from the o.p’s organization through their advocate’s letter dt.30.10.03 and advocate’s letter dt.31.7.07 (annex-E).

          From the documents on records, it is evident that the complainants fails to produce any material evidence to prove that unspent holidays would be saleable. And in this regard there is no clause in the agreement (annex-A). Thus, the prayer of payment towards saleable unspent holidays can not be considered.

          However, the complainants are entitled to get the refund of Rs.92625/- paid at the time of taking membership along with the interest of 10% p.a. from 30.10.03.

          In view of the above consideration, it is held by us that the complainants by submission of documents and oral submission, succeed the case.

          Hence, ordered

          that the o.p. is directed to pay (a) Rs.92,625/- (Rupees ninety two thousand six hundred twenty five) only paid to o.p. by the complainants for the membership of the complainants along with interest @ 10% p.a. from 30.10.03 within 30 days from the date of communication of this order and in default, the accrued amount will carry an interest @ 10% p.a. till its full recovery.

          The case is thus disposed of from this Forum.

          Fees paid are correct.

          Supply certified copy of this order to the parties on payment of prescribed fees.

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