In this post we will be discussing the question raised whether, The consumer court would decide if city’s elite Chandigarh Club can charge monthly subscription fee from its members for the period when it was closed owing to the coronavirus pandemic.
When coming to how this topic started it was when Taking cognizance of a complaint which was filed by Divanshu Jain, a resident of Sector 21 and one of the members of the Sector 1 club, against the subscription charges levied by it. The District Consumer Disputes Redressal Forum comprising its president Rajan Dewan and members Priti Malhotra and Brij Mohan Sharma on Friday issued notice to the club, asking the management to submit its reply by November 16.
The club remained closed for its members from March mid, restraining them from using any of the services in any manner, according to the complainant. “However, I received an e-bill on April 30 wherein subscription charges were levied from April and May along with GST and the amount deducted from the advance made by me,” the complainant told the forum.
He called the levy of charges for the period when the club remained closed for its members illegal and unfair trade practice. He argued not only him but thousands of other members were served with such bills for charges to be collected of the period when the club was not operational.
“Due to the club management’s acts, deeds and negligence, I was harassed to the
hilt and in process suffered not only monetary but mental and physical agony beyond description and entitled to be compensated by the club,” argued the complainant.
He sought directions to waive off/refund the amount charges as subscription charges along with interest 18% per annum from the date of illegal deduction. He sought directions to pay Rs 50,000 as compensation for loss, harassment, mental agony and inconvenience suffered due to lapses on part of the club management along with 18% interest from the date of filling the complaint along with litigation cost of Rs 21,000.
What is unfair trade practice?
Unfair trade practices refer to the use of various deceptive, fraudulent, or unethical methods to obtain business. Unfair business practices include misrepresentation, false advertising or representation of a good or service, tied selling, false free prize or gift offers, deceptive pricing, and non compliance with manufacturing standards. Such acts are considered unlawful by statute through the Consumer Protection Law, which opens up recourse for consumers by way of compensatory or punitive damages.
Tax should be charged when we use a service. Let’s wait for the consumer court to decide if city’s elite Chandigarh Club can charge monthly subscription fee from its members for the period when it was closed owing to the corona virus pandemic.
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This post is written by Bharti Verma.
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