BEFORE THE IV ADDL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H ROAD, SHANTHINAGAR, BENGALURU – 560 027.

11^th DAY OF MARCH 2020

ORDER

SMT.PRATHIBHA. R.K., PRESIDENT

The complainant has filed this complaint U/s.12 of the Consumer Protection Act, 1986 against Opposite Parties (herein after referred as OPs) with a prayer to direct OPs to refund the amount of Rs.25,000/- along with interest, to pay compensation of Rs.1,00,000/- for the rudeness and mental harassment, to pay compensation of Rs.5,000/- for travelling and other reliefs.

2. The brief allegations made in the complaint are as under:

Complainants submitted that OP informed the complainants that the complainants won the gift coupon.  To receive the gift coupon the complainants visited the OPs office.  The OPs executive Mr.Praveen and representative Mr.Ranjan who offered the complainants to Millionaire Club Classic Package.  Further the executive of the OPs informed that in case of cancellation the complete amount paid by the complainants will be refunded by transferring the membership to other customers and that would be done by the company.  Further the OPs informed that the membership will be valid for life time and it can be renewed once in every 5 years without any cost.

Complainant further submitted that believing the words of the OPs the complainants agreed to pay the amount of Rs.25,000/- as an initial deposit.  At the time of payment the OPs informed that the balance amount can be paid within 5 years.  Further the OPs also informed that AMC charges will be levied only if customer used the service.  Further they have informed that holiday trip, pick up/drop/sightseeing will be arranged by the company end.  Further they have also informed that fitness facility can be availed free for 5 years also two movie tickets per month.

The complainant further submitted that after going through the agreement the complainants noticed that the information given by the executive completely different than the membership purchase agreement.  Hence complainant sought for refund of the amount.

3. After registration of the complaint, notices were issued to OPs.  Inspite of service of notices, OPs remained absent without sufficient reason and cause.  Hence OPs called out as absent and have been placed exparte.

4. In the course of enquiry into the complaint, the complainant-2 has filed affidavit evidence reproducing what she has stated in the complaint.  The Complainants have produced documents along with complaint.  Complainant No.2 has submitted written arguments.  We have heard the arguments of the complainant’s side and we have gone through the oral and documentary evidence of the complainant’s scrupulously. 

5. Based on the above materials, the following points arise for our consideration;  

1. Whether the complainants have proved that there is deficiency in service on the part of the OPs, if so, whether complainants are entitled for the relief sought for?

2.  What order?

6. Our findings on the above points are as under:

Point No.1:  Partly in the affirmative

                 Point No.2:  As per the order below

REASONS

7. Point No.1: The complainant-2 has firmly stated oath in the affidavit that, the complainants have paid an amount of Rs.25,000/- and entered into membership purchase agreement dated 27.03.2019.  In this regard OPs have issued receipt.  The complainants alleged that at the time of obtaining the membership OPs executive informed certain facilities which were not part of the membership agreement.  Hence the complainants sought for refund of the amount.  The OPs have kept quiet and not refunded the amount nor replied to the complainant’s e-mails.

8. On perusal of the documents produced by the complainants, it is clear that the OPs have entered into purchase agreement on 27.03.2019 and the complainants sought for refund of the amount on 30.03.2019.  As per the agreement clause-27 which reads here as under:

27. There shall be a cool off period of 10 days from the date of signing this Agreement wherein member can discontinue the agreement by paying a nominal administration charges of Rs.3800/- to the Company.  After deduction of the aforesaid amount (Rs.3800/-) remaining amount would be refunded to the member within 120 working days from the date of invoking of cool off period.  For invoking the cooling off period the member shall send a written communication to the Country Club, Central Customer Care, 4^th Floor, Asian building, Begumpet, Hyderabad – 500016 through registered speed post or an e-mail to

9. The said clause it clearly mentioned that cool off period of 10 days from the date of signing of the agreement the same is refundable to the member within 120 days from the date of invoking a cool off period.  In the instant case the complainants approached the OPs within cool off period of 10 days.  Hence the complainant is entitled for the refund of the amount by deducting administrative charges of Rs.3,800/-.  The complainant approached the OPs with in cool off period and the OPs have not refunded the amount by deducting the administrative charges after lapse of 120 days which amounts to deficiency in service on the part of the OPs.

10. Further in the instant case though the notices were duly served on the OPs, the OPs were not appeared and thereby the OPs remained absent in the sense the OPs either admits the averments of the complainants in toto or they have nothing to say contrary to the complainant’s averments.  If the matter is viewed on this line, it proves that the OPs have agreed the same impliedly.  In this regard, the decision reported in 2018(1) CPR 325 (NC) in the case of Kotak Mahindra Old Mutual Life Insurance Ltd., vs. Dr.Nishi Gupta, wherein it is held that, “non-filing of the written version amounts to admission of allegations made by the Complainant in the consumer complaint”. 

11.  Looking to the facts and circumstances of the case, we feel it appropriate to direct the OPs to pay an amount of Rs.21,200/- to the complainants with litigation cost of Rs.5,000/-.  Accordingly we answer the point No.1 affirmative in part.

          12. Point No.2: In the result, we passed the following:         

  O R D E R

1) The complaint filed by the complainants U/s.12 of the Consumer Protection Act, 1986 is allowed in part. 

2) OPs are directed to pay an amount of Rs.21,200/- to the complainants together with litigation cost of Rs.5,000/-.

3) This order is to be complied by the OPs within 45 days from the date of receipt of this order.

4) Failing which OPs are directed to pay interest on the said sum of Rs.21,200/- @ 9% p.a from the date of complaint till the date of realization.

5) Supply free copy of this order to both the parties.

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Forum on this 11^th day of March 2020)

Witnesses examined on behalf of the complainants by way of affidavit:

Smt.Gangamma, who being the complainant No.2

Copies of documents produced on behalf of complainant:

Witnesses examined on behalf of the Opposite parties - Nil

Copies of documents produced on behalf of OPs - Nil

Vln*