Order No. 17 dt. 15/09/2016
The case of the complainant in brief is that he is a retired Eastern Railway employee and he had no idea about Country Club. While he along which his wife went to a shopping mall at Dharmatala an announcement was made that one lucky man will be the winner per day of the lottery and will get chance of free trip of the tour from the said company. The complainant like other persons filed in the form and dropped the same in the box kept there. After some time he received a call that he is the lucky winner of the said lottery and asked the complainant and his wife to visit their office, accordingly they visited the office of o.ps. and various photograph were shown and informed that the complainant will be provided with those places if they become the member of the said club. Thereafter the signature of the complainant was obtained and Rs.46,000/- was taken from the complainant. The complainant was camouflaged by the officer of o.ps. and he was compelled to put his signature on the agreement and no scope was given to the complainant to go through the contents of the said agreement and there was lack of transparency towards collecting of money by o.ps. and providing membership to the complainant by practicing deceitful means.
The complainant after coming to know of the said fact and realizing the fraud was practiced upon him he requested the Customer Care Manger for cancellation of membership and to refund the money and a letter was also sent to that effect.
The complainant thereafter wrote several letters to the o.p. but no response was given from their end. Being frustrated to get any relief from o.ps. particularly to get back the amount paid by him after cancellation of his membership the complainant had no other alternative but to file this case praying for return of the amount and compensation of Rs.35,000/- and litigation cost of Rs.3000/-.
O.ps. contested this case by filing w/v and denied all the material allegations of the complaint. It was stated that the membership purchase agreement was duly signed by the complainant on his freewill and without coercion and/or compulsion on the part of o.ps., after understanding the benefits that is to be available to him under the said agreement and no other benefit would be available to him about what are not mentioned in the said agreement. The complainant fortified the said fact and accepted the terms and conditions of the membership agreement without any protest or objection. The o.ps. never committed any deficiency in service or unfair trade practice. The complainant accepted the membership of the o.ps. with great pleasure but due to some financial trouble he was not in a position to avail holiday package from o.ps. for a long period and thus requested for cancellation of membership and also return the value of the membership.
It was specifically stated that the complainant being educated person after going through the contents of the agreement signed on the same and in the said agreement it was specifically stated that once the membership has been taken by complainant it cannot be cancelled and the complainant will not be entitled to get any amount paid by him which he paid after acceptance of the membership. The o.ps. specifically stated that the complainant on numerous occasions sent several letters and expressed his satisfaction after obtaining the membership of o.ps. and he only expressed his desire that he could not avail of the benefit due to his financial stringency. As such, the o.ps. stated that the complainant by suppressing the material fact filed this case falsely against the o.ps. and accordingly, o.ps. prayed for dismissal of the case.
On the basis of the pleadings of parties the following points are to be decided:
- Whether the complainant took the membership of o.ps. on his own accord.
- Whether there was any deficiency in service on the part of o.ps.
- Whether there was any suppression of material fact and fraud was practiced by o.ps. upon the complainant.
Decision with reasons:
All the points are taken up together for the sake of brevity and avoidance of repetition of facts.
The complainant himself argued this case and he stated that while along with his wife visited a shopping mall at that time he filed in one form and dropped the same in a box and subsequently o.ps. responded by offering him the membership with some benefits and enjoyment of lucky points and he was asked to visit the office of o.ps. The complainant visited the office and he was surrounded by some member of o.ps. and induced him to sign on the agreement by offering him that he can enjoy some beautiful places after acceptance of said membership and other benefits were also assured by o.ps. to the complainant. The complainant on the assurance of o.ps. paid Rs.46,000/- and put is signature on the membership form and whenever he came to realize the bad reputation of o.ps. and there was several cases pending against them the complainant retreated and requested the o.ps. to cancel the said agreement and return the money paid by him. The agreement was entered into on 1.6.11 and immediately after a few days i.e. on 28.6.11 expressed his desire for cancellation of the membership and thereafter he sent repeated requests to the officer of o.ps. but they did not respond and he was harassed in such a manner he lost all sorts of hope and ultimately he contacted CA & FBP and from there after coming to know of the existence of the Forum he filed this case praying for relief.
Ld. lawyer for o.ps. argued that the complainant is an educated person and he signed on the said agreement and once the agreement is signed the complainant cannot cancel the agreement suomoto and cannot ask for return of the amount. Ld. lawyer for o.ps. emphasized that on different occasions complainant sent several letters where he expressed his pleasure after becoming the member of o.ps. and he had no grievance at all. Subsequently in order to put pressure upon the o.ps. to get back the amount complainant has falsely filed this case. Ld. lawyer for o.ps. in support of his contention cited several rulings. On the basis of those rulings and facts and circumstances ld. lawyer for o.ps. emphasized that the case is to be dismissed and the complainant will not be entitled to get any relief as prayed for.
Considering the submissions of the respective parties it appears that o.ps. are facing cases in this Forum with the allegation by different complainants that they were camouflaged by o.ps. and signature was obtained without giving any opportunity to the complainants and wrong assurances are given to the parties for providing them with some facilities to stay in their resort and by saying such resort they squeeze money from different members. Here in this case the complainant went to shopping mall and by giving false assurance that the owner of the lucky draw would get the benefit of going to abroad countries free of cost and the complainant was informed subsequently that he was lucky winner and he was asked to visit the office of o.ps. and obtained his signature on an agreement and after obtaining money from him membership was given. The complainant had no opportunity to go through the contents of the agreement or to consult with any person before obtaining the membership and o.ps. allured the complainant in such a manner for which complainant had to pay Rs.46,000/-. The complainant being a retired person realized the mistake committed by him and by lucid language sent letters to o.ps. asking for returning the money and also prayed for cancellation of the membership, since he realized that with the continuation of membership the o.ps. will ask for further money and in such a manner they will extort the complainant which the complainant realized subsequently like other complainants who have filed their complaint in this Forum. It is unfortunate that by taking advantage of simplicity and the advance age of some persons the o.ps. play such misdeed with an object of practice fraud upon them and for that purpose such traps are laid by them in different shopping mall targeting the senior citizens of the city. Such practice is undoubtedly unfair trade practice and there was also deficiency in service on the part of o.ps, therefore we hold that the complainant will be entitled to get the relief as prayed for. Thus all the points are disposed of accordingly.
Hence, ordered,
That the CC No.508/2014 is allowed on contest with cost against the o.ps. The o.ps. are jointly and/or severally directed to pay to the complainant a sum of Rs.46,000/- (Rupees forty six thousand) only along with compensation of Rs.10,000/- (Rupees ten thousand) only for harassment and mental agony and litigation cost of Rs.2000/- (Rupees two 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.
