Kalidas Mukherjee, President
This appeal is directed against the judgment and order passed by Learned District Forum, Kolkata, Unit-I allowing the complaint and directing the OPs jointly and severally to pay Rs.1,33,077/-, Rs.10,000/- as compensation and Rs.2,000/- as litigation cost to the Complainant within 45 days from the date of communication of the order failing which the interest @ 9% p.a. shall accrue on the aforesaid amount till realisation.
The case of the Complainant/Respondent, in short, is that the Complainant took the membership of OPs by paying the amount of Rs.1,33,077/- by way of EMI through his credit card. The Complainant hired the services of the OPs and, as such, he is a consumer u/s 2(1)(d)(ii) of the C. P. Act. The OPs issued certificate of membership to the Complainant on 31/03/05 which is valid from 09/2005 to 08/2030. Due to shifting from Bombay to Kolkata the Complainant requested the OPs on 17/02/09 through e-mail seeking confirmation of reservation for staying at Vedic Village, Kolkata. In utter surprise the Complainant received a massage on 18/02/09 from the OPs directing to settle the overdue amount of Rs.6,647/- towards annual subscription fee in the year 2007 and unless the payment was made the request for accommodation could not be confirmed. The Complainant has not only cleared the entire dues upto October, 2008, but also an amount of Rs.13,980/- was paid in excess to the OPs. The Complainant through e-mail on 25/02/09 demanded refund of excess amount. In reply the OPs informed the Complainant on 03/03/09 through e-mail about the collection of such excess charges with the suggestion that they would adjust the same with future dues, but did not say anything with regard to accommodation as sought for by the Complainant at Vedic Village violating their terms and conditions. For the said reasons, the Complainant demanded refund of entire money including excess amount paid with interest, compensation and litigation cost in the petition of complaint filed before the Learned District Forum.
The Learned Counsel for the Appellants has submitted that the Appellants are not under any liability to provide the facilities like reservation in accommodation. It is contended that the Respondent ought to have made such request for reservation in accommodation before RCI (Resort Condominium International Inc). It is submitted that as per the membership agreement the Appellants cannot provide accommodation as requested. It is submitted that the Appellants is not connected with the Vedic Village.
The Learned Counsel for the Respondent, on the other hand, has submitted that the Learned District Forum was justified in passing the impugned judgment and order. The Learned Counsel has referred to the decisions reported in III (2007) CPJ 321 (NC) [Orphic Resorts Ltd. and Anr. Vs. Usha Jain and Anr.]; 2004 CTJ 593 (CP) (SCDRC) [Mrs. Renu Mittal and Anr. Vs. Asia Resorts Ltd. and Anr.].
We have heard the submission made by both sides and perused the papers on record. Admittedly the membership was granted to the Complainant on payment of consideration. Regarding the request for reservation in accommodation it has been stated in the complaint that the OPs asked the Complainant to clear the overdue subscription fee amounting to Rs.6,647/-. In this connection it is the specific contention of the Complainant that he cleared the dues upto October, 2008 and an excess amount of Rs.13,980/- was paid to the OPs. The OPs informed the Complainant vide letter dated April 21, 2009 that the Complainant had paid the annual subscription fee till 2008 and Rs.6,647/- was paid in excess with the assurance of adjustment of such excess amount against 2009 (ASF). Regarding accommodation there was no mention about the alleged inability on the part of the Appellants to provide accommodation at Vedic Village. The Complainant thereafter demanded refund of the entire amount paid by him with interest and in this connection the Complainant had sent a letter dated June 13, 2009. Under such circumstances, we are of the considered view that the Learned District Forum was justified in passing the impugned judgment and order. There is no ground to interfere with the findings of the Learned District Forum.
The appeal is dismissed with cost of Rs.2,000/- to be paid by the Appellants to the Respondent/Complainant.