ORDER

SMT.SHARAVATHI S.M.  MEMBER

1.     This is the complaint filed by the complainant against the Opposite parties (hereinafter referred to as OP’s ) under Section 12 of the Consumer Protection Act, 1986 praying this Commission to direct the OP to pay a sum of Rs.30,000/- the amount paid for membership along with interest at the rate of 12% per annum and to pay compensation of Rs. 45,000/- and such other reliefs as the  Hon’ble  Commission deems fit and under circumstance. 

2.     The brief facts of the complaint are that on invitation of the OP’s, on 24/07/2019 the complainant attended presentation from the OP’s and he was given  many offers to become member of OP’s. If complainant membership bearing  No.CVBG2MPCLU51B2660099. He was entitle to book resorts for his entitled vacation. The complainant can  terminate membership within 10 days per Agreement which is a cool off period. And an amount of Rs.38,000/-would be deducted and balance Rs.30,000/- would be paid. If complainant was not satisfied  by the service complainant wanted to continue the membership and he  sent e-mail on 25/07/2019 terminating the said agreement and thereby sought for the refund of the amount. The complainant sent several emails addressed to OP’s and also Complainant  visited several times personally to OPs officer which did  not yielded any results. The OP’s only informed that the same has been forwarded to the concerned departments and have not initiated any action to refund the amount which was paid by the membership fee. OP’s by giving false assurance made the complainant to became its member. Such act of OP’s amounts to deficiency of service and unfair trade practice. Hence this complaint.

3.     Upon issuing of the notice though RPAD, OP’s did not receive the notice in spite of being intimated by the postal authorities and the same was returned as not claimed and hence this Commission held the service of notice sufficient and placed him ex-parte for his absence.

4.     In order to prove the case complainant filed affidavit evidence and produced documents. Arguments Heard. The following points arise for our consideration:-

1. Whether the complainant has proved unfair trade practice played by the Opposite parties?
2. Whether the complainant is entitled to the relief prayed for in the complaint?

5.     Our answers to the above points are:-

POINT NO.1:            In the Affirmative

POINT NO.2:            Partly in the affirmative.

                                For the following.

REASONS

POINT No.1:-

6.     On perusal of the affidavit evidence and documents produced by the Complainant, it becomes clear that the Complainant has accepted the MILLIONAIRE CLUB PREIMIUM PACKAGE SALE AGREEMENT of the product priced of Rs.89,000/- by paying membership fee of Rs.30,000/- on 24/07/2019 and same was acknowledge by OP’s  and entered into an agreement. On perusal of the legal notice addressed to the OPs it reveals that complainant due to dissatisfaction and not interested in the service of OPs demanded to refund the amount without availing service. OP’s did not yield to the request of the complainant. This fact goes to show that complainant is wanted to refund of the amount and not to avail service of the OP’s. Further show to the agreement between the parties is unilateral one, and not a bilateral one. The complainant is entitled to rescind the contract at any point of time if it is against to the principles of contract.

7.     In the instant case, it is worth to note that when the complainant visited the premises of OP’s enticed and propagated the complainant to purchase 5 years membership agreement without giving opportunity to examine all the contents of the agreements. It is nothing but a coercive and unilateral agreement. If the complainant is not satisfied or not interested with the service of OP’s duty is casted on the OP’s to return back the amount paid by the complainant. Further it is pertinent to note here that there is no record placed before this forum to show that the complainant availed any of the services provided the OP’s under the circumstance. The complainant has paid a sum of Rs.30,000/- as membership the complainant did not want membership  and  asked refund of the said amount. In the agreement of the OP’s, there is a cool off period of 10 days from the date of signing the Agreement wherein member can opt to discontinue the membership by paying a nominal administration charges of Rs.3,800/- to the Company. After deduction of the aforesaid amount remaining amount to be refunded to the member within 120 working days from the date of invoking the cool off period. In this period the member to send a written communication to the Country Club. As per the agreement, OP’s did not refund the amount. All the efforts of the complainant to get back money has failed. Such act OP’s amounts to deficiency of service and also unfair trade practice. Accordingly we answer to the POINT NO 1 IN THE AFFIRMATIVE.

POINT NO 2:

8.     Hence the very act of OP’s clearly goes to show that there is a deficiency on its part. Accordingly on the basis of afore said discussion the complainant is entitle of Rs.30,000/- less Rs.3,800/- along with interest at 12% per annum. OP’s has put the Complainant under physical and mental stress for which OPs have to compensate him for which we assess the damages at Rs.5,000/- and litigation expenses of Rs.5,000/-. Hence POINT NO 2 PARTLY IN THE AFFIRMATIVE and we proceed to pass the following:-

ORDER

1. The Complaint is partly allowed with cost.
2. The OPs are jointly and severally liable to pay a sum of Rs.26,200/- along with interest 12% per annum from the date of filing of the complaint till the payment of entire amount.
3. Further OPs are hereby directed to pay Rs.5,000/- towards damages and Rs.5,000/-cost of litigation and expenses to the complainant.
4. The OPs are hereby directed to comply the above order within 30 days from the date of receipt of this order and submit the compliance report to this Commission within 15 days thereafter.
5. Send a copy of this order to both parties free of cost.

Note:You are hereby directed to take back the extra copies of the Complaints/version, documents and records filed by you within one month from the date of receipt of this order failing which the same will be destroyed as per the C.P. Act and Rules thereon.

(Dictated to the Stenographer over the computer, typed by him, corrected and then pronounced by us in the Open Commission on this day the 6^th day of March 2021)

MEMBER                        PRESIDENT

ANNEXURES

1. Witness examined on behalf of the Complainant/s by way of affidavit:

CW-1: Sri Mimu Dutta - Complainant.

Copies of Documents produced on behalf of Complainant/s:

Ex P1: Copy of the Payment details of Rs.30,000/-

Ex P2: Copy of booking details

Ex P3: Copy of the Agreement

Ex P4: Copy of the email correspondences

Ex P5: Copy of the Legal notice

Ex P6: Postal track record.

Ex P7: CD in respect of the conversation.

. Witne1ss examined on behalf of the Opposite party/s by way of affidavit:

RW-1 : -nil-

Copies of Documents produced on behalf of Opposite Party/s

- Nil-

MEMBER                        PRESIDENT

RAK*