Tamil Nadu

StateCommission

FA/342/2019

Mr.A.S.Purushothaman, S/o A.T.Sethuraman, No.5/4K 35, 8th Street, Anna Nagar, Chennai 600 040. - Complainant(s)

Versus

1.M/s.Benze Vaccations Club Public Ltd., Rep by its Secretary, Having Registered Office No.23/11, Fi - Opp.Party(s)

M/s.N.Maheshwaraiah

21 Apr 2023

ORDER

STATE CONSUMER DISPUTES REDRESSAL COMMISSION, CHENNAI

                        BEFORE    THIRU. S.KARUPPIAH                         ::      PRESIDING JUDL MEMBER                   

                                             Thiru.R VENKATESA PERUMAL          ::                                     MEMBER

 

FA.No. 342/2019

(Against the order in C.C. No. 144/2019 on the file of the DCDRC,Chennai(South)

                                  DATED THIS THE  21^ST  DAY OF APRIL 2023

Mr.A.S.Purushothaman

S/o A.T.Sethuraman,

No.5/AK, 35, 8^th street,

Anna Nagar,

Chennai 600 040                                   ..Appellant/Complainant

 

                                                  Vs

1.M/s  Benze Vaccations Club Public Ltd,

Rep.by its Secretary,

Having Registered Office,

No.23/11, First Floor,

Jambulingam street,     

Nungambakkam, Chennai – 600 034

 

2. M/s Benze Vaccations Club,

Rep.by its Cheif Executive Officer,

Having Registered Office,

No. 781, Royala Tower,

2^nd Floor, Anna Salai,

Chennai – 600 002                                 ..Respondents/opposite parties

 

Counsel for the Appellant/Complainant     : M/s N.Maheswaraiah

1^st Respondent/1^st opposite party             : Given up

2^nd Respondent/2^nd opposite party            : Served called absent

 

 

 

This appeal is coming before us for final hearing on 17.3.2023 and on hearing the arguments of appellant and on perusing the material records, this Commission made the following:

 

ORDER

Thiru. R VENKATESAPERUMAL, MEMBER

 

1.       This appeal has been filed by the appellant/ complainant  herein under section 15 of the Consumer Protection Act, 1986 against the order of the  District Commission, Chennai(South)  made in C.C. No.144/2019, dated 1.11.2019.

2.         For the sake of convenience and brevity, the parties are referred to here as they stood arrayed in the District Consumer Disputes Redresssal Commission, Chennai(South).

3.       The factual background giving rise to the present appeal is as follows;-

            The complainant submitted that he is a senior citizen residing in Anna Nagar, Chennai. The complainant approached the opposite parties on 13.4.2018 and came to know that it was 10 years celebration offer with 50% discount on membership along with free spa and 8 days stay at Goa, Shimla, Jaipur, etc., with free Gym. The complainant submitted that Vaishanavi team leader of opposite parties informed that stay, spa etc are free for members and annual 15 days international tour arranged by the club every year for crown membership along with 60% concession on bar and  Restaurant. The team leader also informed that for crown membership tickets would be sent to the complainant’s address for regular monthly events.  Further the complainant was informed that if this offer is not satisfactory the membership fee would be refunded. The complainant submitted that the opposite parties after negotiations accepted to offer the complainant crown membership for payment of Rs.85,000/-, for which the opposite parties given acknowledgment receipt bearing No.31301 on 13.4.2018. But later the club sent only royal membership card and coupon, collected another sum of Rs.5000/- without any receipt through the marketing executive.

4.         The complainant submitted that the opposite parties through a letter informed that they would start a full-fledged club with all facilities in Anna Nagar. The complainant being a senior citizen having ailments in spinal chord L4- -L5 disc prolapsed with severe back pain, joined as a member on the belief that the club will be opened full-fledged in Anna Nagar. The complainant submitted that evenafter lapse of months, the opposite parties did not start any club in Anna Nagar. Regarding this the complainant repeatedly visited the executives of the opposite parties, but could not get any positive response instead he was driven from pillar to post. The complainant also sent several mails regarding this for which the opposite parties did not respond. The complainant stated that the act of the opposite parties amounts to deficiency in service and unfair trade practice which caused great mental agony, hence this complaint is filed demanding refund of membership.

     In order to prove the case, on the side of the complainant along with proof affidavit  14 documents were filed, which were marked as Ex.A.1 to A.14 on the side of the complainant.

5.       The complainant after filing the complaint made an endorsement stating that the 1^st opposite party not pressed. No claim is made against the 1^st opposite party. Hence the 1^st opposite party may be given up. Hence the District Commission passed order that the claim against 1^st opposite party is dismissed as not pressed. The 2^nd opposite party even after due service of notice, did not appeared and remained exparte. After analyzing the evidence on record, the District Commission had come to the conclusion that the allegations of complainant are not proved.

6.       Aggrieved with the above order, the complainant  preferred this appeal on the following grounds. the opposite parties through their welcome letter Ex.A.4 committed that they were to open the branch of the club at Anna nagar, Chennai with facilities like customer lounge area, business centre, table tennis, billiards, chess, carom, etc., further the complainant stated that the opposite parties collected membership amount for crown membership only as per the receipt given (Ex.A.3). We have heard the submission and perused the materials available on record and the order impugned. Now the point for consideration is whether the appeal is to be allowed or not.

7.       It is the case of  complainant that he is a senior citizen residing in Anna Nagar, Chennai. The complainant approached the opposite parties on 13.4.2018 and came to know that it was 10 years celebration offer with 50% discount on membership along with free spa and 8 days stay at Goa, Shimla, Jaipur, etc., with free Gym. Vaishanavi, team leader of opposite parties informed that stay, spa etc are free for members and annual 15 days international tour arranged by the club every year for crown membership along with 60% concession on bar and  Restaurant. The opposite parties after negotiations accepted to offer the complainant crown membership for payment of Rs.85,000/-, for which the opposite parties given acknowledgment receipt bearing No.31301 on 13.4.2018. But later the club sent only royal membership card and coupon, collected another sum of Rs.5000/- without any receipt through the marketing executive. The opposite parties in their broucher informed that they would start a fulfledged club with all facilities in Anna Nagar. The complainant being a senior citizen having ailments in spinal chord L4- -L5 disc prolapsed with severe back pain, joined as a member on the belief that the club will be opened fulfledged in Anna Nagar. Evenafter lapse of months, the opposite parties did not start any club in Anna Nagar. Regarding this the complainant repeatedly visited the executives of the opposite parties, but could not get any positive response instead he was driven from pillar to post. The complainant also sent several mails regarding this for which the opposite parties did not respond. It is not the case of the opposite party that they have started a club as promised or there was no promise to start such a club  at Anna Nagar. Even otherwise they failed to respond to the consumer grievances and failed to appear before the court which in our opinion, a clear case of deficiency in service.

8.    We have heard the submissions and perused the materials available on records and the order impugned. Now the point for consideration is whether the appeal is to be allowed or not?

9.    Therefore we are of the considered opinion, since the opposite parties  did not honour the commitment of providing crown membership to the complainant  for a payment of Rs.85,000/- and did not start a club in Anna Nagar, we conclude there is deficiency in service provided by the opposite parties which needs to be compensated. But District Commission failed to appreciate the above facts which warrants our interference. So we are inclined to allow the appeal with a direction to refund the membership fee with compensation for mental agony and deficiency in service, totally Rs.1,00,000/- with a cost of Rs.5,000/-.

      In the result,

1. The appeal is allowed in part,
2. The order passed by the District Commission, Chennai(South) in CC.No. 144/2019 dated 1.11.2019 is hereby set aside.
3. The 2^nd opposite party is directed to pay a sum of Rs.1,00,000/-towards refund of membership fee, compensation for deficiency in service and mental agony with the cost of Rs.5000/- .

 

•  

R VENKATESAPERUMAL                                                            S.KARUPPIAH                

      MEMBER                                                                  PRESIDING JUDL MEMBER