DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, LUCKNOW

CASE No.722 of 2009

       Sri Davendra Singh,

       S/o Late Sri M. Singh,

       R/o 68/192, Chitwapur,

       Pajawa, Lucknow.

                                                                    ……Complainant

Versus

       Country Vacations,

       Shop No.202, Ground Floor,

       Sahara Shopping Centre,

       Faizabad Road, Lucknow.

       Through Branch Manager.

                                                                                 .......Opp. Party

Present:-

Sri Vijai Varma, President.

Smt. Anju Awasthy, Member.

Sri Rajarshi Shukla, Member.

JUDGMENT

This complaint is filed by the Complainant against the OP for payment of Rs.49,500.00 with 18% interest, compensation of Rs.20,000.00 and cost of suit of Rs.2,000.00.

          The case in brief of the Complainant is that on 20.04.2009 the employees of OP rang up the Complainant and informed him that he was a winner of draw on the basis of phone numbers under which certain items of gift will be distributed to Complainant. The OP also told to the Complainant that for receiving the gift items the Complainant has to attend a programme hosted at PICK UP building at Lucknow on 21.04.2009. Upon reaching the PICK UP building on 21.04.2009 the employees of OP pressed the Complainant to join and take the timeshare scheme of country vacations by depositing part payment of Rs.50,000.00 under which the Complainant can stay anywhere in the world in the different resorts of OP just free of cost. At that time the Complainant was undecided about taking the membership of

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OP but after lot of pressure by the employees of OP the Complainant deposited a sum of Rs.24,500.00 and Rs.25,000.00 with OP vide receipt dated 22.04.2009 and 23.04.2009 respectively subject to the condition that if the Complainant opted out of scheme then the advance membership fee of Rs.49,500.00 will be refunded immediately. At the time of deposit of membership fee of Rs.49,500.00 the employees of OP also assured the Complainant that the advance amount of Rs.49,500.00 will be refunded immediately if the Complainant did not opt for the scheme. The total membership of country vacations cost to Rs.1,75,000.00 which is valid for a period of 30 years. Besides this the OP offered free plot in Banglore and free return ticket to either Goa, Mumbai or Dubai as soon as the cheques of Complainant are encashed. After encashment of said cheques the Complainant for weeks waited in vain for documents in respect of free plot in Banglore and free return air tickets but nothing reached at the residence of Complainant as promised by the OP and till date not even issued membership card or any other document to the Complainant. Just after a few days from the date of deposit of advance money the Complainant gave second thought to the scheme of OP and opted not to continue with the said scheme as the said scheme of the OP seems to be an eyewash. Thereafter the Complainant handed over representation in writing dated 20.05.2009 for cancellation of his membership and demanded refund of deposited advance money as per the assurance of OP. The OP later on agreed to refund the deposited advance money of Rs.49,500.00 to the Complainant within a week but till date despite several telephonic representations to the OP no refund has been made by the OP which is deficiency in service, unfair trade practice and negligence on the part of OP, hence this complaint.

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Notice was issued to the OP but despite time taken no WS filed, hence the case proceeded exparte against OP vide orders passed on 18.05.2015.

          The Complainant has filed his affidavit and 3 papers with his complaint.

          Heard Counsel for the Complainant and perused the entire record.

          In this case, the Complainant had taken membership of time share scheme of the OP by making part payment of Rs.50,000.00 out of the total membership cost of Rs.1,75,000.00 for staying anywhere in the world in the different resorts of OP free of cost and also on the promise that the Complainant shall be given free plot in Banglore and free return air ticket to either Goa, Mumbai and Dubai after cheques given by the Complainant were encashed but after the encashment of the cheques the Complainant kept on waiting but no documents in respect of free plot at Banglore and free return air tickets were provided to the Complainant, hence the Complainant opted out of the scheme but his amount was not refunded even though the OP had promised to refund the amount in case the Complainant opted out of the scheme, thus the OP has committed deficiency in service. The Complainant has filed a photocopy of the temporary receipts wherefrom it is evident that Rs.24,500.00 was deposited through cheque and also Rs.500.00 in cash by the OP and the receipt shows Rs.25,000.00 paid by through cheque No.053100 dated 23.04.2009 to the OP and thus payments were made with regard to the OP membership for 30 years vacations. The Complainant has also filed a letter written by him to the OP on 20.05.2009 which shows that on payment of Rs.50,000.00 by the Complainant to the OP, OP were to provide a membership card and also after the encashment of the cheques free return air tickets either for Goa, Mumbai or Dubai for his family were to be given but instead of giving that OP demanded EMI, hence he had opted out of the scheme asking

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for refund of the amount. The Complainant has filed his affidavit in support of the averments made by him in his complaint and also the documents. The OP was given time to file the WS but no WS filed, hence the case proceeded exparte against OP vide orders passed on 18.05.2015. Since the OP has not come to file any reply/WS or counter affidavit to counter the allegations of the Complainant, therefore there is no reason to disbelieve the version of the Complainant made by him on oath and also veracity of documents filed by him. Therefore, from the evidence on record, it is clear that the Complainant was promised free return air tickets to either Goa, Mumbai or Dubai and also a plot in Banglore after the encashment of cheques issued by the Complainant but despite Complainant making payment of Rs.50,000.00 through cheques and also in cash the OP did not provide the Complainant either the air tickets or free plot in Banglore or even the membership card. It is also clear that the Complainant was promised to refund the amount in case he opted out of the scheme but even when the Complainant opted out of the scheme because of non fulfillment of promises made by the OP and demanded refund of the amount then the OP did not refund the amount, therefore there is clear cut deficiency on the part of the OP. The Complainant is therefore entitled to get the refund of Rs.50,000.00 with interest. He is also entitled to the cost of the litigation.

ORDER

          The complaint is partly allowed. The OP is directed to refund the amount of Rs.50,000.00 (Rupees Fifty Thousand Only) with 9% interest from the date of filing of the case till the final payment is made to the Complainant.

          The OPs are also directed to pay Rs.2,000.00 (Rupees Two Thousand Only) as cost of the litigation.

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The compliance of the order is to be made within a month.

  (Rajarshi Shukla)        (Anju Awasthy)     (Vijai Varma)

          Member                    Member                    President    

Dated: 23    November, 2015