Order-14.
Date-21/09/2016. .
This is an application u/s.12 of the C.P. Act, 1986.
Complainants’ case, in short, is that on 05-12-2015 they entered into an agreement with the OP under a special offer for payment of Rs.1,51,000/- in 24 instalments at the rate ofRs.5,460/- per month. The complainants also paid Rs.30,000/- in cash on the said date. Subsequently, the complainants received a letter being No.CVHYDC 50568 dated 15-12-2015 sometime in December, 2015 demanding a total sum of Rs.1,75,000/- in 12 instalments. The complainants were astonished at such action on the part of the OP and such action is opposed to the original terms of the agreement and the complainants spent restless several nights. The complainants, thereafter, lost faith on the OP and demanded the refund of Rs.30,000/- on 19-02-2016 and the OP replied in negative on 22-02-2016. The complainants on 08-03-2016 wrote another letter to the OP requesting refund of money but to no good. Hence, this case.
OP has filed written version contending, inter alia, that the case is not maintainable in fact or in law. It is stated that the complainants duly signed the agreement with their consent at the office of the OP. The complainants willfully and without any coercion signed the Country Vacation Health Club Membership purchase agreement with the OP on 07-12-20125 for a total purchase price of Rs.1,75,000/- out of which Rs.30,000/- was paid by the complainants and the remaining amount of Rs.1,45,000/- is still due and payable till date. Complainants have also received their membership cards. It is stated that OP has a very good reputation in providing a warm hospitality and vacations to its members. The allegation of being a cheat, deficient in service and unfair trade practice is not maintainable. It is also stated that the said contract duly executed by and between the parties is legally binding and final. It is also stated that the OP is neither liable to return Rs.30,000/- or nor Rs.50,000/- as compensation. This OP has prayed for the dismissal of the case.
Point for Decision
- Whether the OP is guilty of unfair trade practice?
- Whether the OP is deficient in rendering service to the complainant?
- Whether the complainant is entitled to get the relief as prayed for?
Decision with Reasons
We have travelled the documents on record, viz. Xerox copies of Country Vacation’s Holiday Club Membership purchase agreement dated 05-11-2015, the original of which was produced at the time of hearing argument, welcome letter of the OP Company, letter of the complainant dated 19-02-2016 addressed to the OP and other materials on record. It is stated by the complainants that they entered into an agreement with the OP Company on 05-12-2015. On the other hand, OP has stated in written version that the complainants signed the agreement on 07-12-2015 with the OP Company but actually we find that the purchase agreement is dated 05-11-2015 as filed by the complainant(xerox copy of which has been filed by the complainant at the time of filing the case). Be that as it may, we find that the non-judicial stamp was purchased by the OP on 20-11-2015 but purchase agreement was executed on 05-11-2015. It appears a serious anomaly. We find that non-judicial stamp paper is post dated than the date of the purchase agreement. We also find that non-judicial stamp was purchased by the OP Company and the OP Company purchased it on 20-11-2015 but the agreement as we find was entered into on 05-11-2015 and accordingly the agreement has no value in the eye of law. It is argued by the Ld. Lawyer appearing for the OP that the complainants signed the agreements on their own volition and they are bound by the terms and conditions of the agreement. We have perused the purchase agreement dated 05-11-2015. There is no certificate or endorsement appearing in the document that the terms and conditions therein were read over and explained to the complainants and the complainants being satisfied with the norms, rules and terms and conditions of the said company signed the document. We also find that the stipulation therein are printed in very small font and require microscope to go through such terms and conditions. So, we cannot say that complainants are bound by terms and conditions of the agreement. It is also alleged by the complainants that the OP demanded Rs.1,75,000/- in 12 instalments subsequently. We find that the agreement contains a sum of Rs.1,51,000/- in ink letter with initial payment of Rs.30,000/- for tours at different places but subsequently OP as alleged raised the amount to Rs.1,75,000/-. It also appears that the complainants have not availed any benefit of tour travelling or stay at any resort of the OP. Moreover, we find that OP has played with the trust reposed on it by the complainants. The complainants were enticed to make initial investment of Rs.30,000/- by the OP but no benefit has been advanced to the complainants. We think that OP has adopted unfair trade practice. OP is also in our opinion deficient in rendering service to the complainants.
In result, the case succeeds.
Hence,
Ordered
That the instant case be and the same is allowed on contest against the OP with cost of Rs.10,000/-.
OP has directed to refund an amount of Rs.30,000/- to the complainant with 10 percent deduction thereof on non-standard basis within one month from the date of this order.
OP is also directed to pay an amount of Rs.10,000/- for unfair trade practice to the complainant within the said stipulated period.
Failure to comply with the order will entitle the complainant to put the order into execution u/s.25 read with Section 27 of the C.P. Act and in that case OP shall be liable to pay penal damage at the rate ofRs.5,000/- to be paid to this Forum till full and final satisfaction of the decree.
