BEFORE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION AT HYDERABAD
C.C.NO.14 OF 2011
Between:
Col S/o late Sri R/o H.No.230, AWHO Colony
1. Mahindra Holidays & Resorts India Ltd.,
Rep. by the Branch Manager,th
2. Resort Condominium International (RCI)
rep. by the General Manager Business Park, Off Intermediate
Opposite parties
Counsel for the complainant Counsel for the opposite parties
QUORUM:
SRI T.ASHOK KUAMR, HON’BLE MEMBER
TUESDAY THE SIXTEENTH DAY OF OCTOBER
Oral Order (As per Sri
1. `1,80,000/-,`21,60,000/- towards loss of job offer,`37,000/- towards international call charges,`63,500/- towards compensation for advancement of his journey to India and for loss of opportunity to utilize the holiday resort, `42,000/- towards Deccan airline coupons,`5,23,600/- towards the `2,00,000/-towards his medical expenses,`30,000/- towards the expenses for air tickets and the stay of the complainant and his wife in Mumbai, to direct the second opposite party to pay`2,00,000/- towards damages for loss of opportunity to visit Zimbabwe and South Africa, to pay`8,750/- and for deposit of his deposited week, refund of`3,720/- collected by the second opposite party from him towards platinum membership charges, direct the second opposite party to allot 6 weeks of package international holidays and direct the opposite parties to pay the costs of`3,000/- each besides compensation for permanent medication and loss of opportunity to do social service.
2. `1,89,240/- through cheque and he was offered the benefits of 3. `1`1,49,730/-, and increasing the period of membership from 25 years to 33 years as per its earlier offer made in the month of October,2005 and offered to provide another one week international holiday through the second opposite party, co-membership to his son, compensatory 2 week international /domestic holiday through the second opposite party.
4.
5. `7,948/- on 2.06.2009. The first opposite party received the amount and refused to issue confirmation voucher for
6.
7.
8. `3,000/- nd
9.
10.
11. `13,000/- without utilizing his deposit weeks. `50,000/-.
12. th `13,500/-.
13. `30,000/- to`40,000/- and fees payable to the second opposite party in between`6,000/- to`7000/- and the benefit for the purchaser in between`20,000/- to`25,000/-.
14. `60,000/- per month o contract basis for three years and due to the health hazard which was result of prolonged harassment, emails, telephonic calls and unwarranted tension created by the first opposite party the complainant suffered syncope effect with no option left he was forced to come to India for treatment by making advance journey on 4.4.2010 and after returning to India he had to consult ECHS Polyclinic.
15.
16. `1
17. `1,49,730/- towards membership fees. `1,89,240/- towards Red Season Membership Fees in lieu of the previous cheque for`1,49,730/- and no insinuation of `1`1,49,730/-.
18.
19.
20. . As per clause 3.6 of the Membership Rules the member is entitled to holidays, subject to availability in all
21. `7,948/- towards complainant’s annual subscription for the year, 2009.
22.
23.
24.
25.
26.
27.
28.
29.
30.
31.
32.
33.
34.
1. Whether there has been any deficiency in service on the part of the opposite parties?
2. To what relief?
35. :
36. `1st`1,89,240/-. The complainant has questioned variation in amounts as the first opposite party collected the cheque for `1,49,730/- in the month of October,2005 towards membership charges and it had collected the amount of`1,89,240/- in the month of January,2006 for the same membership charges. The first opposite party refuted the charge of unfair deal and contended that by the time the fresh offer letter was submitted, the cost of the product was enhanced.
37. `15,750/
38.
1.4
2. 2
3.44.
5. 9
6.
7.
8.
39. `1,89,240/- covered under the cheque dated 19.01.2006. `15,900/- by him for renewal of his membership fee and the complainant paid the amount.
40.
i) Two additional complementary weeks of international/domestic holidays
ii) 4 weeks international/domestic holidays through RCI valid till 31.12.2007
4 Air Deccan Coupons valid till 31.12.2006; Rs.10
41.
42.
‘ when
43.
44.
3.
5.
6.
7.
8.
11.
45.
46.
1. 4 weeks International/Domestic holiday from RCI (valid till 31st
2. 2 Nights complimentary holiday in select Club Mahindra Resorts in Blue and white seasons. 3. 4 One way Air Deccan tickets (valid till 31st4. Rs.105. 9 Bonus weeks through RCI.
6. Eligibility of the Special offer is subjected to realization of 15 of cost of the membership.
7. In order to continue the impeccable service standard & maintenance all our members have to pay ASF** “every year”
8. Participation
47.
1. st · 4 Weeks International/Domestic Holidays through RCI, valid till 31st
· Air Deccan Coupons valid till 31st
· Rs.10,000 worth food vouchers valid till 31st
The rest of the terms of the offer remain the same
3. Membership Certificate: - We are extremely sorry that your certificate got missed out when sending the membership kit to you.
4. Validityof
5. Holiday in May: 6. Factfindrs
48. `39,510/- they would provide him with additional one week international holiday through the second opposite party without charging any exchange fee;
49.
Reference to telephonic discussion withrd
1. 4 Week(s) holiday in Club Mahindra Resort valid till 31stth
2. 15,000/- Worth Resort Credit vouchers valid till 31st
3. 5000/- cash back in lieu of Deccan air tickets given to you vide as an enrollment dated 25th
Please Note:
The above offers are in full and final settlement of all claims that you may have against the company or
We hope you are planning
To book your holiday, write to us atAlternatively, you could call us on 3988000.
We kindly request you to e-mail us atThank you very much again for giving us the opportunity to be service to you.
Please confirm your acceptance by
Assuring you best of our services always.
Off: Record – 2
50. `1,49,730/- in the month of October,2005 and since then the cheque so issued was misplaced and thereafter the first opposite party requested him to issue fresh cheque and interestingly, offer letter. The facilities stated to have been offered to him in the month of October, 2005 were not offered resulting in the stalemate
51.
52.
“I strongly deny that the complainant was offered membership for 33 years at any point of time.
53.
54.
“I admit the fact to the extent that our representatives visited the complainant’s office and the letter on record as annexed with the complaint was corrected under countersign. However, I submit that the Exhibit -5 filed by the complainant only bares the bargain done by the complainant and by inference the avarice that spurs him and it proves not a smidgen beyond that point.”
55. `2`15,000/- and a latest mobile phone to the complainant. The offer made under ExA54 was not accepted by the complainant as seen from ExA56, the mail from the branch in charge of the first opposite party company that the complainant requested the first opposite
56.
57. `5,369/- every year on the premise of increase in price index and the complainant issued cheque drawn on SBI`7,948/- and as seen from ExA11, the cheque was sent through courier on 2.06.2009 to the first opposite party and after realizing the amount covered under the cheque on 12.06.2009, the first opposite party has issued receipt dated 17.07.2009 in favour of the complainant.
58. `7,948/- was due towards Annual Subscription Fee for the year 2009 and in reply to the query made by the first opposite party, the complainant has sent mail under ExA16 on 27.01.2010 that he had paid the entire amount and he has furnished the payment details therein. Thereafter the complainant has sent three mails of which the mail dated 4.02.2010
While thanking you for the reply
I would like to mention that the common sentence you used every time (do rest assured that this is only because it is our endeavor to
Then fresh application without knowing THE DETAISL FO AMOUNT my son gave the check for higher amount (increase in MEMBERSHIP CHARTGES and), cannot get holidays as and when asked simple reply Is not available, 4 flight coupons could not be availed as all the time I booked flights cancelled, finally the point of compensation for the 4 flight coupons still unsettled.
Please clarify(1) Once I deposit week with RCI, WIL YOU AUTOMATICALLYDEBIT FROM MY ACCOUNT EVEN BEFORE I UTILIZE THE EXCHANGED WEEK WITH RCI OR YOU DEBIT FRFOM MY ACCOUNT only AFTER I UTLIZED THE SAME ON EXCHANGE?
(2) CAN I DEPOSIT WEEK WITH OTHER ORGANISATIONS LIKE R.C.I.?
(3) THE SO CALLED COMPLEMENTORY WEEKS (STILL I HAVE 3 WEEKS WITH R.C.I) IF THE WEEKS ARE NOT GIVEN BY RCI HOW YOU EXPECT ME TO UTLIZE? THERE IS ALMOST A CENTURY OPTIONS I HAD GIVEN TO R.C.I. (Every time I ask for a several alternative places they demand to deposit week, like that I deposited 2 weeks and R.C.I
Thanks for
I WOULD ALSO LIKE TO MEET THE TOP PERSON WHEN I COME BACK TO INDIA S YOU MAY FIX APPONTMENT ANYWHEREIN INDIA AFTER 10thThanking you
59. unsettled claim for flight coupons, the first opposite party blocking the online reservation etc., The first opposite party had sent another mail dated 6.02.2010,ExA20 seeking for furnishing of the bank statement of the complainant. This attitude of the first opposite party would be sufficient to hold its service as deficient as it had misplaced the first cheque issued by the complainant in the month of October60.
61.
62. `20,000/- and the two air tickets is`12,000/-.
63. `3,000/- to become its platinum member and he readily accepted three resorts of several proposed resorts.
One week at Egypt from 22.2.2008, Second weeks at Zimbabwe during first week May 2008 continuing the third week at South Africa and to the effect the second opposite party had sent confirmation vouchers.
64. `30,000/- due to the negligence on the part of the second opposite party. `2 lakhs.
65.
2.1
2.2.
2.3. 2.4.
5.1
5.2.
8.3.
13.3.
66.
67.
68.
69.
70.
71.
72. `2 lakhs liable to be paid by the first opposite party. `37,000/- towards international call charges,`63,500/- towards compensation for advancement of his journey to India,`42,000/- towards the amount covered under Deccan Airline Coupons,`30,000/- towards expenses incurred by him and his wife for air tickets and their stay at Mumbai and`27,500/- for the inconvenience caused to him in respect of the
73. `2 lakhs together with costs of`5,000/-.
KMK*
