ORDER
R.K. Anand, Member
1. We have heard the applicant, who is present in person, as well as the learned Advocate for the respondent. On the last date of hearing, we had given last and final opportunity to the respondent to refund the amount of Rs. 51,250/- (Rupees fifty one thousand two hundred and fifty only) invested by the applicant. The payment was made on 6th March, 2001 and two receipts have been annexed with the compensation application filed by the applicant. The applicant’s grievance is that a false and misleading representation was made to him and he was lured to invest the aforesaid amount in order to avail of a free holiday package, offered by the respondent. It has been further contended by him that it was represented by the respondent that he could avail of the free holiday packages both within the country and outside and he had the option of going to any of the 75 cities where the respondent had facilities. It has been complained by him that it was a false representation by the respondent as it had facilities only at 3 places. The applicant has further stated that he was in financial difficulty and he wanted the refund of the amount and he had made a request to that effect to the respondent.
2. The respondent’s contention is that the refund could be made after deduction of administrative charges, if a request was made, in writing, within ten days from the date of purchase. The applicant’s case is that he has not signed any document relating to the time-share facility and, therefore, these conditions were not applicable and he was entitled to refund of the amount paid by him with interest. It may be noted here that payment of Rs. 51,250/- has not been disputed or denied by the respondent. It is not disputed by the respondent that it has facilities only at 3 places and for other resorts, it was trying to have an arrangement with RCI.
3. Keeping in view the facts of the case as transpiring from the record, it appears that a case of unfair trade practices by and on behalf of the respondent has been made out and, accordingly, the applicant is entitled to the refund, he had asked for. It appears that the claim for compensation made by the applicant is reasonable and appropriate and he is only asking for the refund of the amount invested by him with interest accrued on that amount. We, accordingly, direct the respondent to refund the aforesaid amount with interest @ 12% p.a. within six weeks and also file an affidavit by way of compliance within four weeks thereafter. The interest amount will be calculated from the date the cheques issued by the applicant were encashed till the date of payment. Interest @ 12% p.a. appears to be reasonable and is being consistently awarded by the Commission.