K. SRINIVASA RAO Vs. COUNTRY VACATIONS-CUSTOMERS-CARE EXECUTIVE, HYDERABAD

JUDGEMENT

(1.) Appellant is unsuccessful complainant.

(2.) The case of the complainant in brief is that he became a member on persuasion made by the respondent for purchase of points covered by he was entitled to get right of occupation at Country Vacations International Holiday Club for ten consecutive years by paying Rs. 60,000/- through credit card. He executed an agreement for Rs. 1,36,000/- and remaining amount to be paid by him at a later date. When he found that there was discrepancy in the agreement wherein it was mentioned that he had paid Rs. 1,36,000/- whereas he paid Rs. 60,000/-, he went to the office, and found out that they concocted the agreement wherein they made a mention that he had to pay Rs. 76,000/-. The agreement was obtained under duress to enrich themselves by playing fraud against him. Sensing fraud, he cancelled his membership, and requested them to refund the amount. Finally they refunded Rs. 45,000/- which he had received as there was no other go for him. He was forced to give letter of acceptance as though it was full and final settlement. Since it was taken under duress by playing fraud, he filed the complaint for refund of balance of Rs. 15,000/- with interest @ 18% p.a., from 1.5.2008 till the date of payment together with compensation of Rs. 1 lakh and costs.

(3.) The respondent resisted the case. While denying each and every allegation made by the complainant it alleged that the complainant became a member of the Country Vacations International Holiday Club on 30.4.2008. He entered into an agreement to purchase time share for a period of five years in respect of apartment type studio for blue season wherein he was entitled to accommodation once in a year for a period of one week for five consecutive years at any one of the resorts mentioned at clause-9 of the agreement. The complainant had voluntarily paid Rs. 60,000/- and agreed to pay balance in time. When he intended to withdraw the membership an amount of Rs. 45,000/- was paid by way of demand draft which he had received as full and final settlement evidenced under his own letter Ex. B3. There was no deficiency in service on its part. He was not entitled to Rs. 15,000/-. Therefore it prayed for dismissal of the complaint with costs.