Order-13.

Date-23/08/2017.

        Smt. Sangita Paul, Member.

This is an application u/s.12 of the C.P. Act, 1986.

Complainants’ case in short is that complainants were called by fraudulent telephone calls and they were asked to reach at City Centre-1, salt Lake, Kolkata-700064 on 02/06/2016. They were also asked to visit office at Park Circus Connector. Complainants were shown different pictures, pamphlets, photographs at national and international level and were assured of providing facilities like SPA, Swimming Pool, Gym, Summer bath, Cardiac Gym etc. in local finess centre on obtaining membership of club / company. Complainants visited their office at City Centre and the representatives of Country Club influenced them to pay rupees two lakh sixty five thousand through their credit card of HDFC Bank. Believing that complainants will be given facilities of Spa, Gym, SAUNA Bath etc. Complainants paid rs.2,65,000/-. As soon as the payment was made they were made to sign on printed forms and blank paper. Complainants were told that blank spaces will be filled up by the company as per the words of the representative.

To the complainants utter surprise they found that the assurances and commitments made in the brochure are not included in the contract form. Complainants were shocked to know that 24 hours facilities of Spa, Gym, Sauna Bath etc. are not available from local club. Complainants informed at the City Centre-1, Salt Lake office and knew that various facilities of which they were informed verbally and the tour of Bangladesh were not included in the contract form signed on 02/01/2016. Complainants requestedfor several times to refund their money paid by them and the cancellation of membership which they were given by Country Club being Membership No.CVKIC Club 30LB, 213624. It appears that O.Ps. practiced fraud upon the claimants.

Under compelling situaitons claimants informed before Central Consumer Grievances Redressal Cell  who upon receipt of complaint arranged for tripartite meeting before the parties. O.P. admitted their fault regarding deficiency of service  and unfair trade practice and also admitted torefund part amount with assurance to adjust some amount with next tour. Complainants were harassed by the O.ps. Hence the case was lodged. In the complaint petition complainant prays for directing the O.Ps.torefund a sum of Rs.2,65,000/-, directing the O.Ps. to pay a sum of Rs.1,11,500/- on account of interest calculated  at the rate of 21 percent p.a. from the date of payment till January-2017, directing the O.ps. to pay interest  at the rate of 21 percent p.a.  from February-2017 til full satisfaction. Complainants also pray for Rs.10,000/- for harassment. 

O.Ps. in their written version state that the complaint is not maintainable either in law or in fact. Complainant is not a consumer in terms of C. P. Act, 1986. This case fails on the very initial stage on the ground of intentional non joinder of necessary parties, because o.Ps.-1, 3, 4, 5 have been added as a party on a representative capacity.

O.ps. state that whatever was assured by O.ps. were assured through  the concerned officer of the O.ps., through the agreement dated 02/01/2016 being No. CVA 93#0192 and an e-mail dated 29/03/2016 sent by the O.Ps. O.Ps. state that it was a blatant lie that complainants were forced to sign on blank papers.  The agreement was signed by and between  the parties. O.Ps. also state thatcomplainants in addition to existing facilities, were given additional facilities on request e.g. 6 nights 7 days stay at Bankok, 2 nights 3 days stay at Dubai, 4 nights 5 days stay at Bangladesh (Additional) one day flight ticket for couple within Indiais valid for 6 months from the date of execution and one ticket to and fro for Bangladesh (Additional). Whatever are the grievances of complainant were duly met by O.Ps.  O.Ps. also agreed to refund some amount keeping the balance amount for adjustment with the cost of their next tour and also to waive the AMC for next ten years but complainants refused the aforesaid proposal. It is evident from the agreement that the money paid is not refundable. They purchased price of vacation facility from the O.Ps. Hence the complaint may be dismissed with cost.

Decision with Reasons

            We have travelled over the documents on record i.e. photocopy of Country Vacation Holiday Card Membership  purchase agreement dated 02/01/2016, Xerox copies of mails and letters on different dates between the parties and the documents on record.

            It appears that complainants purchased holidays and other facilities  on the date mentioned above from the O.Ps. on payment of Rs.2,65,000/-. O.P.-1 in obligation to provide  facilities of club membership, fitness centres in the proximity of complainants’ residence, but they failed to provide, complainant has been deprived of all the facilities in the vicinity of their residence at salt Lake. He was also assured that he would have access to entertainment events and amusement facilities. But in reality they were not informed by the O.Ps. to attend different events. Being convinced by the words of O.Ps. complainants purchased club membership and also signed contract form. In the contract form it is mentioned that free usage of CC fitnesscentres near complainants’ residence at DL-132, Secotr-II, Salt Lake. Complainant paid a hefty amount to enjoy the holidays and vacations. They also wanted to avail of facilities of gym, spa and fitness centres, What has assured by young representative of country club, in reality, all those did not materialize. In the vacation agreement, it was stated that complainant will be to avail of tour to India and abroad, but Bangladesh was not included in the contract form. Complainant signed the contract form and paid Rs.2,65,000/- but he was not in a position to read in details, because they were told to sign where some blank spaces were left. It is hard for complainants to understand the terms and conditons properly. Now they have experienced the reality and wanted to cancel the membership. They also demanded money as they failed to provide any facility or amenity. Complainant had to travel long distance to avail of those facilities which was not possible. They failed to provide any service to complainants, what was communicated, was not followed in future. Thus we find that the company is practising fraud. They missold the country club membership and DAE membership card. The tour they offered was ultimately an offer which was not possible to avail of by complainants. From their conduct it appears that country club did not pay heed to the requests of complainants. It also appears that they were unable to meet the demands of complainants. Complainants believed in the words of the young representative of country club but all were false hopes. There was a wide difference between so-called agreement and verbal offers and declarations. As complainats have paid a lumpsum amount of Rs.2,65,000/- they can expect good and prompt service from the O.P. but complainants were totally disappointed. We find gross deficiency  of service  and unfair trade practice on the part of the O.Ps. towards high priced and high prioritymember. The hopes and aspirations  of complainants were totally frustrated. O.Ps. are deficient in providing proper service to their high pricing member.

            Consequently the case merits success.

Hence,

Ordered

That the case be and the same is allowed on contest with cost of Rs.20,000/-.

            O.Ps. are directed to refund Rs.2,65,000/- to the complainant within one month from the date of this order.

            O.Ps. are also directed to pay Rs.25,000/- to this Forum for indulging in unfair trade.

Failure to comply with the order will entitle the complainant to put the order into execution under appropriate provision in C.P. Act.