DIST. CONSUMER  DISPUTES  REDRESAL  COMMISSION

NORTH 24 Pgs., BARASAT.

C. C.  No. 154/2022

           Date of Filing:                         Date of Admission:                               Date of Disposal:                

          18.05.2022                                   26.05.2022                                        16.02.2023

P R E S E N T                  :-    Smt. Monisha Shaw …………………. Member.

                                       :-        Sri Abhijit Basu……………………….Member

JUDGMENT / FINAL ORDER

The complainant filed this case U/s. 35 of Consumer Protection Act read with Section 39 of the Consumer Protection Act, 2019.

            The facts of the cases is as follows:-

            The complainant is a school teacher.

            The complainant received a lot of telemarking phone calls everyday from O.P. No.2. Here O.P. No.2 is branch office and O.P. No.1 is an organization named ‘The Park Priviera Hospitality Pvt. Ltd’, is a travel and Resort Company /organization which provides hotels, entertainment and holiday service to every of it members throughout the globle on taking membership as noted by O.Ps. O.P. No.3 who is an agent / Manager of said O.P. No.2 namely Subhendu Bose.

            On 25.12.2021 complainant received a phone call from O.P. No.3 and he invited her to have a lunch/ dinner on the event of grand promotion program of the Park Priviera Hospitality Ltd, which would be celebrated at ‘The Spring Club’ Hotel situated beside E.M. Bypass, Kolkata on 04.01.2022. The complainant and her husband went on 04.01.2022 to said invitation at said place. The O.P. No.3 explained various membership plan and lots of interesting offers and also lots of offer for holiday in Domestic and international offers, the O.P. also stated that they have more than 5000 members. The O.P. No.3 offered a plan for membership of Rs.55,000/- which will be a discounted price if the complainant take membership just that day. On good faith complainant filled up all required information in membership application form given by O.P.No.3 and submitted the same. On good faith complainant somehow collected through online mode of payment via ICICI Bank Credit Card vide No. 431581119288-309 in the name of her husband namely Mr. Sabyasachi Mukherjee a sum of Rs. 47,250/- for taking membership of O.P.No.1 organization for 21 nights holiday package for three years. The O.P. No.3 issued the receipt being receipt No.458 dated 04.01.2022. The O.P. No.3 was assured that the complainant will get a free surprise holyday gift voucher for becoming a new member of the Park Priviera Pvt.Ltd and will communicated to the complainant within 2/3 days. But the O.Ps did not send any such holyday free gift voucher. Thereafter complainant

Contd/-2

C.C.No. 154/2022

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meet with O.P. No.3 and office of O,.P. No.2 on several occasions but in vain. After lapse of considerable time and on several occasion request to the O.Ps but the complainant did not get relief. Then the complainant searched the official website of google and found negative remarks about Park Privera Hospitality Pvt. Ltd. Hence, the complainant sent e-mail on 07.01.2022 with a request to refund the total membership fees amounting Rs. 47,250/- as she is not willing to continue the membership for some personal reasons. After several e-mail correspondences, the O.Ps admitted to refund the money but no refund was made by the O.P. members. Thereafter on 04.04.2022 legal notice were sent to O.Ps for refund the money but in vain. Hence, the complainant filed this case for deficiency in rendering service by O.Ps.

Issue of the framed for judgment

            1.Whether the case is maintainable or not?

            2. Whether the complainant is entitled to get relief / reliefs or not?

Reasons of judgments

            Considering the facts and circumstances of the case all the points are interlinked with each other as such all the points are taken up together for consideration .This case is within the territorial and pecuniary jurisdiction of this commission.

            Over telephonic calls O.P. members contacted many times to the complainant and lastly on 25.12.2021 invited for a good promotion programme of the Park Priviera Hospitality Pvt.Ltd which was celebrated on 04.01.2022 at the spring club. The complainant went there on 04.01.2022 and accepted the invitation on behalf of the O.P. No.1,O.P. No.2 the O.P. No.3. The O.P. No.3 describe about the works of the company and descriptions of the number of membership holders, facilities and also submitted that presently discount is given by the O.P. Nos. 1 and 2 etc. The O.P. No.3 is the Manager of O.P. Nos.1 and 2, as such all are liable for do any work by O.P. No.3. The O.P.No.1 and 2 are liable for every official work done by O.P. No.1. The O.P. No.3 offered and or convinced discounted offer with a free surprise gift voucher becoming a new membership of the Park Priviera Pvt. Ltd. The complainant agreed and paid money of Rs. 47,250/-. O.P issued the receipt. Hence complainant is a consumer and O.Ps did not issue any free surprise gift voucher to the complainant without membership fees paid. Though nothing is free it is always presumed that all the cost are included with basic receiving price. The complainant sent several letters for refund the money. The O.Ps agreed to refund the same but in vain.

            Hence the O.P-members did not provide their service properly which will be treated as deficiency in service.

            Considering the facts and circumstances

                                                it is ordered

                                           for the ends of justice

            that the case being No. 154/2022 and the same is allowed exparte against the opposite parties.

              The O.P. Nos. 1 to 3 are directed to refund the amount of Rs. 47,250/- to the complainant with an interest of 6% p.a. from the date of receipt money till recovery within two months from the date of issuance of judgment. Failing which the complainant has liberty to file execution case as per law.

            Let a plain copy of the order be issued to the parties free of cost as per CPR, 2005.

Dictated and corrected by me

Member

            Member                          Member