Order-7.
Date-30/07/2018.
SMT. SANGITA PAUL.MEMBER
The OPs are engaged in hospitality, business operating club, Hotels and Resort and other product. The OP-2 is the Regd Office OP-1 is the branch of the OP-2 and OP-3 is the corporate office. Address of OP-1 is very much within the jurisdiction of this Ld. Forum. The Complainants, along with his family members had visited a Trade Fare at Milan Mela, Kolkata on 22.12.2016. Complainants were handed over a coupon / card by a female member of the OP. The Complainant filled up the said form and handed over the same to the said lady. After 07 days Complainants got a telephone call from OP-1 to attend their office for collecting gift. The Complainant visited their office at Bosepukur, Kolkata on 30.12.2016 along with his wife. In the meeting the Complainants were persuaded by the representative of the OPs regarding attractive gift and offer including package comprising vacation benefits like stay for a period of every year up to 6 nights 7 days at OPs property lying in India and abroad as well as Fitness Centre, Gym etc. if Complainants took membership to the OPs at that time against payment of Rs.1,57,900/- (Rupees one lac fifty seven thousand nine hundred) only as membership fees for 10 years terms.
Accordingly the Complainants paid a sum of Rs.1,57,900/- only to the OP on 30.12.2016 through Debit Card of Axis Bank and SBI. Complainants were issued Membership Card being No.CVKKITCLUB10LB230823. The Complainants went to the OP for a membership of 05 years but ultimately Complainants were compelled to take membership for 10 years time by the representative of the OPs. The purchase Agreement, Vacation Agreement and Club membership Sale Agreement were executed on 30.12.2016 between OPs and Complainants. The entire payment was made before execution of the agreement. Later on the Complainants were stunned to note that there are huge differences between the assurances / commitments made and service and facilities uttered by the OPs’ men during discussion It is pertinent to mention that the Complainants took membership for his family consisting of following members :
- Debdutta Mukherjee Self
- Tapati Mukherjee Wife
- Rajshree Mukherjee Daughter
- Sayan Mukherjee Son
At the end of January,2017 the Complainants personally approached one Mr. Ajeet Mahato, Manager of the OP for booking room at Ananda Palace, Darjeeling, for fourmembers consisting of Complainant’s daughter, Son and Two office colleagues of your Complainant’s daughter for a period from 14.04.2017 to 17.04.2017. In the middle of February, 2017, Complainant went to the office of the OP and met Mr. Mahato for having confirmation of the room at “Anand Palace” Darjeeling. Mr. Mahato assured your Complainants that nothing to be worried and two rooms will be accommodated. At the end of February, 2017 one lady member of the OP told the Complainant that only one room will be available. The matter was informed to Mr. Mahato on 24.02.2017. Again Complainant met Mr. Mahato regarding the booking of Hotel. Mr. Mahato has failed to give any satisfactory reply as to booking of hotel.
The Complainant approached another gentleman of the OP named Prabir Kr. Kundu, Manager as to Complainant’s first transaction with the OP on12.03.2017. After meeting with Mr. Mahato and Mr. Kundu from 14.03.2017 to 18.03.2017, consecutive five days, no fruitful result has been achieved as to hotel booking. On the contrary the Complainants were told that “No bachelor female will be allowed “. One room can be accommodated for Complainant’s daughter and son since they are the kids of the members but other two office colleagues will not be allowed since they are bachelor and more over only married couple are allowed. Complainants however, requested the OP to accommodate all the four members in one room at Complainant’s cost but OPs did not pay any value, respect, obligation and humanity to Complainant’s request. Ultimately complainant was compelled to book other Private Hotels online named “AlimentDarjeeling” at the cost of Rs.14,513.40 only. The said cost was borne by Complainant despite giving money towards club membership, vacation membership to the OPs. The Complainants state that during discussion held on 30.12.2016 Complainants were never told by Mr. Mahato, Mr. Kundu and the representative “ no unmarried / bachelor female will be allowed to stay in any room at club in India and abroad. Instead OP inspired Complainant that the membership can be surrendered to any friend or relative. The daughter and son of Complainant were being debarred from enjoying the facilities of the fitness club situated in and around Kolkata. On enquiry OPs told Complainant that fitness membership will be delivered within February, 2017 but to no effect. Ultimately Complainants were told that date of birth of Complainant’s daughter and son has come hazy and could not be read distinctly. Complainants again deposited legible copies of Date of birth of daughter and son to Mr. Mahato. Despite receipt of legible copies date of birth OPs sang same tune.
After a lapse of 14 months from the signing of the agreement, OP sent fitness card only in favour of Son. Complainant vide letter dated 06.03.2018 returned the fitness card to the OP. Complainant’s daughter was not issued fitness card.Both son and daughter of Complainant attended the Gym other than Country Club at a cost of Rs.1,000/- each, per month. Complainants thereafter tried to contact with the OP’s men at their office but OPs tried to avoid their responsibilities for providing fitness club membership card by one pretext or other. Complainant never enjoyed any facilities /amenities from the OPs.
On 15.05.2017 Complainants wrote a letter to the OPs narratingthe entire facts and requested to refundan amount of Rs.1,57,900/- with interest after cancelling membership. The said letter was received by the OP on 17.05.2017. Despite receipt of the letter OPs remained silent to redress the grievances of Complainants Subsequently two reminder lettersdated 04.09.2017 and 14.01.2018 were sent to the OP but all were in vain. The OPs are negligent and deficient in service and entire attitude of the OP tantamounts to unfair trade practice. Complainants suffered monitory loss, mental agony and harassment.
Hence Complainant prays for directing the OPs to refund an amount of Rs.1,57,900/- which was taken towards club membership, fitness club, with 7 percent interest, directing the OPs to pay an amount of Rs.1 lac as compensation for mental agony and harassment and also directing the OPs to pay litigation cost of Rs. 30,000/-.
Complaint is admitted on 04.05.018. On 28.05.2018,Complainant was present and he filed track report which showed notice was delivered upon the OPs 1,2 and 3 on 14.05.2018 and 15.05.2018.OPs 1,2 and 3 were absent on call. On 22.06.2018 OPs were present. OPs pray for time for filing W/V. On 04.07.2018 Complainant was present. None was present for the OPs and no W/V is filed by the OPs. The stipulated period for filing W/V by the OPs was over and as such the case do proceed ex parte against the OPs. On 27.07.2018, Complainant was present and files E/Chief. On 30.07.2018 ex parte agreement as heard and we proceeded for giving judgment.
Decision of reasons
We have perused complaint petition, photocopy of permanent receipt of Rs.50,000/-, photocopy of receipt of thirty three thousand six hundredfifty only, another receipt of thirty one thousand two hundred and fifty only, another of forty three thousand only, photocopy of Country Vacations Club Membership Purchase Agrement, Vacations agreement, Club Membership sale agreement, photocopy of e-mail dated 15.02.2017 from Debdutta Mukherjee, another mail dated 24.02.2017 from Rajshre Mukherjee and other documents lying on record.
While visitng at Milan Mela Complex, the Complainantwas handed over a card, Complainant filled up the same and handed over that to the lady. After seven days, he received a call from the Manager, CountryClub who requested Complainant to attend the office at Bose Pukur for collecting some gifts and stay for 6 nights 7 days at OP’s property lying in India and abroad. OP also informed that they could avail facilities of Spa, Gym, fitness centre. Complainants took membership against payment ofRs.1,57,900/- (Rupees one lac fifty seven thousand nine hundred) only to the OP on 30.12.2016. Complainants were issued membership card being No. CVKKITCLUB10LB230823. It was a membership for 5 years, but OPs compelled to take membership for 10 years. Purchase Agreement, Vacation Agreement and Club membership Sale Agreement were executed on 30.12.2016.At that time, Complainants were not given any opportunity to verify the terms of the agreement. The fonts of the agreement were too small to be read in naked eyes. It is pertinent to mention that entire payment was made before execution of the agreement.
Complainants took membership for the four family members – husband and wife, their son and daughter. In the month of January,2017 Complainant went for booking, but later it was intimated to Complainant that “ No bachelor female or spinster will be allowed. Only one room can be accommodated for Complainant’s son and daughter.
On 24th February, 2017, Complainant informed about his son’s and daughter’s tour to Darjeeling from 14th April 2017 to 17th April, 2017. On 17th Mach,2017 OP’s representative Mr. Mahato was informed that stay has been confirmed for one room. In a letter dated 06.03.2018 Complainant informed M/s. Country Club fitness centre that his son could not avail of the facilities of the fitness centre. Notonly that his son’s surname has been changed from “MUKHERJEE to KHUMERJEE”. To Complainant, it was insulting, it heart his social prestige. His daughter and son with daughter’s colleagues were not accommodated to Ananda Palace, Darjeeling, because it was not possible to be accommodate to one room for four persons. Card for Gym and fitness centre could not be used. Then what for is the membership? In the letter of 6th March, 2018, Complainant requested to refund the membership fee of Rs.1,57,900/-.
In the letter of15th May, 2017 Complainant informed the chief Executive Officer of Country club that along withRs.1,57,900/- , he paid AMC of Rs.8,000/- at one time. After getting one room confirmation of tour for four persons, Complainants could not avail it. It was impossible for four persons to stay in one room.
Complainant signed agreement without going through the terms and conditions of the agreement. It was not possible for Complainants to read the clauses of agreement because he was not given any time.Moreover, the letters were too small to be read in bare eyes.
After going through the clauses of agreement Complainant found that there was gross deficiency on the part of the OPs. At the time of signing, Complainant could not read these points of agreement. There is no certificate or endorsement, appearing in the documents, that the terms and conditions therein were read over and explained to Complainant. Being satisfied with the norms, rules of the said company, Complainant would need a microscope to read the terms. So, we cannot say that Complainant is bound by the terms and conditions of the agreement.
Complainant was offered club membership, but he was not given any facility. OPs fail to render proper service to Complainant. OPs are deficient. It appears that OPs have utilized the deposited amount for its own gain without giving any benefit of tour, travelling, stay at any resort to Complainant. No question of taking membership arises, Complainant does not get any benefit against payment of such huge amount, OP has breached with the trust of Complainant. Thus OP has adopted unfair trade practice. Not only that, OP is also deficient in rendering adequate service.
OPs are unable to render proper service to its bona fide customer. Hence Complainant is entitled to get relief and compensation.
Ordered
That the Complainant be and the same is allowed on contest against the OPs with cost of Rs.10, 000/-
OPs are directed to jointly and severally pay Rs.1, 57,900/- with 7 percent interest to Complainant from 30.12.2016 till final payment within one month from the date of this order.
OPs are directed to jointly and severally pay Rs.10,000/- towards compensation for causing harassment, mental pain and agony to the Complainant within the stipulated period.
Failure to comply with the order will entitle Complainant to put the order into Execution u/s 27 of C.P. Act, 1986.
