Date of filing      :    20.02.2017.

Decided on         :    02.07.2019.

JUDGEMENT

Bibekananda Pramanik, President – This consumer complaint under section 12 of the C.P. Act 1986 has been filed by the complainant Sri Aloke Kumar Das against the O.Ps. named above alleging deficiency in service and unfair trade practice on the part of the O.Ps.

Complainant’s case, in brief, is as follows :-

On 03.12.2017 the complainant visited the stall of the O.Ps. at Big Bazar, Kharagpur and there he was given a coupon for lucky draw contest and he was told that if the complainant won the lottery then he will get a free tour package at any place of their tour places in India. Thereafter the O.Ps. informed the complainant that he has won the lucky draw contest and he was requested by the O.Ps. to come to their office at Howrah to take his gift coupon. Accordingly the complainant with his wife went to the office of the O.Ps. at  Garfa, Howrah on 06.12.2014 and collected the gift coupon. Being requested by the O.Ps., the complainant paid Rs. 72,000/- to the O.Ps. for getting membership of the O.Ps. for 15 years. After taking such membership, the O.Ps. assured the complainant that he including his wife and son will get privileges / benefits in the manners as described in paragraph 4 of the petition of complaint. After three months, the complainant received a welcome letter from the O.Ps. along with two membership cards in the name of the complainant and another in the name of Anirban Das, the son of the complainant. Thereafter the complainant contacted with the O.Ps. for booking rooms for travelling at Puri. After several requests, the O.Ps. agreed to book rooms at Puri as per request of the complainant but surprisingly they stated that the complainant and his wife will be provided with accommodation in their resort at Puri but the minor son of the complainant will not be eligible for said accommodation and the complainant will have to bear charges for separate accommodation of his minor son and the rent of the said room would be Rs. 4,500/- per day. The complainant raised objection to such demand of the O.Ps. as it was illegal as per terms and condition of privileges / benefits mentioned in the welcome letter and therefore the complainant denied to pay the said charges. Therefore on 01.03.2016, the complainant sent a legal notice through his advocate Sri Sourendranath De to the O.Ps. thereby requesting them to cancel the membership of the complainant and to refund Rs. 72,000/- paid by the complainant towards membership charges. In spite of that notice, the O.Ps. has not taken any positive steps for cancellation of the membership and for refund of Rs. 72,000/-. Hence the complaint, praying for directing the O.Ps. to cancel the membership of the complainant and his son and for refund of  the membership amount of Rs. 72,000/- and for an award of compensation of Rs. 1,00,000/- and for other reliefs.

Both the O.Ps. appeared in this case and they also filed written version. Thereafter they did not appear for which the case was ordered to be heard exparte. Hence the exparte hearing.

POINT FOR DECISION

         Is the complainant entitled to get the reliefs as prayed for?

DECISION WITH REASONS

        To prove his case, the complainant Sri Aloke Kumar Das has tendered his written examination-in-chief supported by affidavit in evidence and he has also filed all relevant documents in support of this case. We have gone through the said evidence of the complainant supported by affidavit and the documents filed by him. It appears to us that in his evidence the complainant has fully corroborated his case of the petition of complaint and the documents filed by him also lend support to the case of the complainant. So in view of the said evidence of the complainant and the documents filed by him, remaining unchallenged, we are constrained to hold that the complainant’s case is proved and he is entitled to get the reliefs as prayed for.

            Hence,

                      it is,

                               O R D E R E D

            that the Complaint Case No. 52/2017 is allowed exparte with cost against the O.Ps. O.Ps. are directed to cancel membership of the complainant and his son and to refund the membership amount of Rs. 72,000/- to the complainant. They are further directed to pay compensation of Rs. 20,000/- and litigation cost of Rs. 5,000/- to the complainant.

           All such payments shall be made within two months from this date of Order.

          Let a plain copy of this order be given to the complainant free of cost.

Dictated  &  corrected by   me. 

( Bibekananda Pramanik )   

                       President,   

                 D.C.D.R.F., Howrah.