Tamil Nadu

South Chennai

CC/24/2020

R.Jesuraj - Complainant(s)

Versus

Alogria Holidays rep by its, Managing director - Opp.Party(s)

M/s G.Sudhagar

31 Oct 2022

ORDER

Date of Complaint Filed : 29.01.2020

Date of Reservation      : 27.09.2022

Date of Order               : 31.10.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,   : MEMBER II

 

CONSUMER COMPLAINT No. 24/2020

MONDAY, THE 31^st DAY OF OCTOBER 2022

R.Jesuraj,

S/o J. Rajamani,

No.1/42, Perumal Koil Street,

Vanagaram,

Chennai 600 095.                                                          …   Complainant

 

-Vs-

The Managing Director,

Alegria Holidays,

No.25, 1^st Main Road,

Sai empire, Mezanine Floor,

United India Colony,

Kodambakkam,

Chennai – 600 024.                                                      ...  Opposite Party

******

Counsel for the Complainant             : M/s. G. Sudhagar

Counsel for the Opposite Party         : M/s. C.Muthukumar

 

        On perusal of records and having heard the oral arguments of the Counsel for the Complainant, we delivered the following:

 

ORDER

Pronounced by  Member-II, Thiru. S. Nandagopalan., B.Sc., MBA.,    

1.      The Complainant has filed this complaint as against the Opposite Partyunder section 12 of the Consumer Protection Act, 1986 and prays to direct the Opposite Party to pay a sum of Rs.15,000/- with 18% interest which the Opposite Party swiped from Debit Card without permission and direct the Opposite Party to pay the Complainant a sum of Rs.4,00,000/- towards damages for mental agony and hardship undergone by him due to the deficiency in service committed by them along with cost.

2.     The averments of Complaint in brief are as follows:-

 

       The Complainant states that the Opposite Party is a Holiday Resorts Provider. Since the complainant was interested in travelling and staying at different locations all over the country hence decided to take membership in any one of the Holiday Resorts providing companies. Complainant came to know of the Opposite Party and visited their head office at Kodambakkam Chennai. The opposite party's representatives particularly Manager Karthik Rajesh canvassed the complainant to take a membership wherein the Opposite Party ensured with holiday experiences, access to amenities, excellent rooms, spa, and fitness centres. Further they ensured that the complainant can enjoy these premium services and amenities in any of their own & affiliated resorts, hotels. The complainant chose "Alto Membership in which the following facility was covered according to the Opposite Party i.e. Complainant were entitled to Room Nights - 15 in all their resorts and hotels situated throughout the country. Hence the complainant paid Rs.15,000 by way of Debit Card 500101011659295 on 17.12.2019 for the Alto membership with ID ALTO2992. The complainant further states that on the next day i.e. 18.12.2019 the manager of the Opposite Party called and asked the complainant to share the OTP ( One Time Password) received in the cell phone saying it is required for the completion of membership. But to the utter shock of the complainant, another Rs 15,000 was swiped on that day from his Debit Card using the OTP shared by him with the opposite party's manager. Immediately the complainant contacted the Opposite Party and they replied that the same was done due to oversight and they did not mean to do that and the said Rs.15,000/- will be paid by them to the complainant. The Opposite Party had been saying the same thing but not repaid the same. Hence the complainant sent an EMail on 16.01.2020 to the Opposite Party complaining the above said issue and he was waiting for their reply but all of sudden, the profile of the complaint was changed by Opposite Party and it showed the value of the membership value is Rs.70,000/- and the final amount is Rs.25,423/- and with GST it is Rs.30,000/-. The complainant states that it is utter false to state that the membership value is Rs.30,000/-. It is only Rs.15,000/- and that is what the Opposite Party figured at the time of obtaining membership. Only after the complainant sent a complaint through EMail, the Opposite Party has forged the membership value as if it is for Rs.30,000/-. The complainant further states that the act of the Opposite Party i.e. swiping Rs.15,000/- without the permission of the complainant is deficiency in service , inaction, the Opposite Party has also not operated the complainant membership apart as a criminal offence. Apart these and has not disclosed the venues for availing the night stay even after several oral requests from the complainant besides the Opposite Party has not acted upon as per the membership procedures. The Complainant was put to serious hardship, loss and mental agony on account of the negligence and deficiency in service on the part of the Opposite Party. Hence this complaint.

3.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-4  were marked.

4.    In spite of sufficient notice served on the Opposite Party, the Opposite Party failed to appear before this commission and they have been called absent and set Ex-parte.

5.     Points for Consideration

1. Whether there is any deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for the reliefs sought for ?

3. To what other relief the Complainant is entitled?

Point No 1 :-

       The averment of the Complainant is that the Opposite Party is a Holiday Resorts Provider, since the Complainant is interested in travelling and staying at different locations all over the country decided to take membership with the Opposite Party Holiday Resorts Company by visiting their head office at Kodambakkam Chennai. Moreover the Complainant averred that the Opposite Party representative suggested ALTO MEMBERSHIP Card by ensuring him with access to many amenities like excellent rooms entitled to 15 nights in all their resorts and hotels situated throughout the country along with spa, fitness centres  which is also meeting the Complainant expectations. But the Complainant failed to enclose relevant brochures to substantiate the claim. The Complainant took Alto Membership card with ID ALTO2992 i.e valid from 12/2019 to 12/2039 as seen in Ex.A-1 by paying a sum of Rs.15,000/- through debit card on 17.12.2019, thereafter the contention of the Complainant is that on 18.12.2019 another sum of Rs.15,000/- was deducted from his debit card upon sharing the OTP to the Opposite Party manager alleging that the OTP is asked to complete the membership registration. Subsequently the Complainant contacted the Opposite Party to get the refund of Rs.15000/- for which the Opposite Party manager assured to refund the said amount of Rs.15,000/-. On 16.01.2020 the complainant sent an email narrating the above said issue and also by claiming the facilities assured by the Opposite Party for the membership card as found in Ex.A-3. But to the Complainant shock the profile was changed by the Opposite Party showing the value of the membership value is Rs.70,000/- and the final amount inclusive of GST is Rs.30,000/- as seen in Ex.A-4. After the careful perusal of Complainant Averment and enclosed documents there is no relevant materialistic evidence to substantiate the allegation that the Membership amount is only Rs.15,000/- and that they have charged extra amount of Rs.15,000/- and to prove that the Opposite Party has committed unfair trade practice and any deficiency of service towards the Complainant. Hence the Complaint is dismissed. Point No.1 is answered.

Point Nos.2 &3:-

As discussed and decided Point No.1 against the Complainant, the Complainant is not entitled for the reliefs claimed in the complaint. And hence the Complainant is not entitled for any other relief/s.

          In the result the complaint is dismissed. No costs.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 31^st of October 2022.

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 List of documents filed on the side of the Complainant:-

Ex.A1	-	Copy of Membership card
Ex.A2	-	M Passbook
Ex.A3	-	E-Mail sent to the Opposite Party
Ex.A4	-	Profile Page

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                   B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT