Order No.  20  dt. 15/02/2017

          The fact of the case in brief is that the complainant received a call from the o.p. informing them that the complainant and her husband were chosen as lucky winner by the company. Complainant was asked to be  present with her husband. A presentation was given by the representative of the o.p. The o.ps promised that there would be no charges for staying in hotels after taking the membership of o.p.to travel anywhere in India or abroad except Kashmir and Assam. After taking the membership when the complainant was going to book  hotels in Bhutan, complainant came to know that o.p. would not arrange for the same even they were not attending the calls of the complainant. At the time of  taking the membership o.p. committed the complainant that they would get two gifts one of which would be delivered by next day and another would be after 45 days. O.p. committed that the gift would be a Micro oven or 19" Colour Television. O.p. also assured that they would book the flight tickets and make arrangement for visa. They also promised that they would provided free passes  to the members for various events managed by them. Drinks and food facility would be provided at nominal rate in the club. Though the complainant paid Rs.46,750/-  for taking the membership from o.p. but after one month o.p. sent a letter to the  complainant informing her that she would have  to pay Rs.3250/- towards her membership fee and every year she would have to pay Rs.6,500/- annual maintenance charge.

          After receiving the letter complainant became shocked and her husband contacted with the Customer Care Representative of the o.p. O .p. informed him that if  the complainant would not pay the outstanding amount she would not get any service or she was not eligible for any gift. Thereafter complainant contacted with the o.p. several times  and ultimately a reply came from their end informing the complainant that membership money cannot be refunded. Thereafter one email was sent by the o.p. as “alert”  that Mr. Asim Biswas and Mr. Sanchay Das had left the organization who were present in the presentation session given to the complainant and her husband. Finding no other alternative complainant lodged  her complaint before  the office of the Director, CAFTP on 12.03.2013 but complainant’s grievance has not been resolved. Hence the application prayed for refund of  Rs.46,750/- along with interest , compensation of Rs.10,000/- and litigation cost.

          O.p appeared before this Forum and contested the case by filing written version. In their w/v o.p denied all material allegation inter alia stated that the complainant is not a consumer in terms of provisions of Consumer Protection Act, 1986 and present dispute is not a consumer dispute. Complainant entered into an agreement with the o.ps after going through the terms and conditions of the said agreement and duly put her signature and as such it is well known by the complainant regarding the terms and conditions of the agreement. As per the specific performance of contract the parties to the agreement shall duty bound to comply all the terms and conditions of the said agreement duly signed by and between the parties. Complainant failed and neglected to comply her duty and obligation in terms of the agreement in question and it is specific terms and conditions of the agreement to get the benefit of the scheme that the complainant has to pay membership fee as per schedule duly mentioned in the agreement.

          Complainant has obtained the Vacation membership worth Rs.50,000/- and has also executed an agreement. As per terms of agreement she is eligible to avail 6 Nights and 7 Days vacations for a period of 5 years under Blue season category. She has made only part payment of Rs.46,750/- towards membership fee. As per the terms of the Agreement, Clause no.3 states that the Annual Maintenance Charges of Rs.6,500/- excluding taxes, are payable irrespective of usage of the vacations/facilities/amenities. Utility Charges at the time of booking applicable (varies from property to property). The same shall be applicable from the date of enrollment of Membership. The AMC needs to be paid on time. Failure to pay the said amount or any other amount due shall be a default and members cannot utilize the facilities until the dues are cleared. So there is no deficiency in serviced and as such the case is liable to be dismissed with exemplary cost.

Decision with reasons

          Upon hearing all the parties and on perusal of materials on record we have observed that an agreement was executed by and between complainant  and the o.p. on 17.07.2012. Complainant  paid Rs.46,750/- towards membership fee. After entering into an agreement on 17.07.2012 complainant did not  receive the membership card.  It  was received by the complainant after expiry of one month. It was informed by the o.p. that complainant had to pay more Rs.3,250/- towards the membership fee. But at the time of executing the agreement o.p. told the complainant to pay only Rs.46,750/- which was paid by the complainant. Furthermore o.p. also informed the complainant that she had to pay Rs.6,500/- as annual maintenance charge which was not at all told  to the complainant at the time of giving the presentation.

          In the w/v also o.p. took the plea that as per agreement complainant did not pay Rs.50,000/- as membership fee.  It is admitted fact that the complainant  paid only Rs.46,750/-. If the membership fee was Rs.50,000/- o.p. should not have delivered the membership card to the complainant when there was an outstanding amount of Rs.3,250/-. At the time of entering into an agreement o.ps assured that the complainant had to pay only  Rs.46,750/- for membership. O.p. also assured that the complainant would enjoy 6 Nights 7 Days package for a period of 5 years under Blue season category. But o.p. did not provide any service. When complainant and her husband contacted with o.p. they informed that complainant unable to get any service from o.p. since the outstanding amount was not paid. If the membership fee was Rs.50,000/- then o.p. should not have entered into agreement which required payment of Rs.50,000/- and in spite of that amount o.p. received only Rs.46,750/-.

          It is clear from the above discussion that o.p. allured the complainant by given so many promises to her for giving lucrative services and gifts. They adopted the unfair trade practice by entering into agreement by taking less amount of Rs.3,250/-. They knew that when the complainant asked for the service from o.p. they would take the plea of outstanding amount. It was never disclosed to the complainant that she would never get the services and gift until she would pay the amount of Rs.3,250/- as outstanding amount.

          In view of above discussion we find deficiency in service and unfair trade practice on the part of o.p. and as such complainant is entitled to get relief.

          As a result the complaint petition succeeds.

          Hence, ordered

          That the case no.702/2013 is allowed on contest with cost.

The o.ps. are directed to refund  Rs.46,750/- to the complainant along with  compensation  of Rs.10,000/- and litigation cost of Rs.2,000/-. O.ps are also directed to pay the aforesaid amount 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.