Tamil Nadu

South Chennai

CC/292/2018

P Ganesan - Complainant(s)

Versus

Benzee Vacation Club Public Ltd., - Opp.Party(s)

M/s L Prakash

10 Aug 2022

ORDER

Date of Complaint Filed :20.03.2018                                                   

Date of Reservation      : 01.08.2022

Date of Order               :10.08.2022

 

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.292/2018

WEDNESDAY, THE 10^th DAY OF AUGUST 2022

P.Ganesan,

S/o T.S. Pattabiraman,

No.15, Pudupet Garden Lane,

Royapettiah,

Chennai – 600 014.                                                      …Complainant

 

-Vs-

 

The Administration Manager,

Benze Vaccations Club Public Limited,

No.781, Royola Tower 2^nd Floor,

Anna Salai,

Chennai – 600 002.                                                      …Opposite Party

******

Counsel for the Complainant         : M/s. L. Prakash

Counsel for the Opposite Party      : Ex-parte

 

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

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.       The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to refund the amount of Rs.76,000/- and to make payment by way of damages for the deficiency in service amounting to Rs.50,000/- towards the mental agony caused to the Complainant with cost.

2.     The facts of the complaint in brief are as follows:-

        The Complainant enrolled as a member in the Opposite Party’s club by paying a sum of Rs. 15000/- the Opposite Party's club marketing executive one Mr. Rajesh repeatedly pressurized the Complainant to pay a sum of Rs. 15000/-  refundable amount which would make the Complainant an elite member and also the Complainant would be provided with RBL credit card.One Ms. Sowmya (Business executive) of the Opposite Party’s club represented to the Complainant  that on further payment of Rs. 15000/- only the Complainant would be eligible for that elite membership category based on which the Complainant made payment for another a sum of Rs. 15000/- after making another payment also the Complainant was not given with elite membership card nor RBL Credit card as assured by the club earlier with regard to the same, the Complainant made enquires with the Opposite Party for which another business representatives namely Mr. Gowtham represented and stating that making further payment of Rs. 11000/- only the Opposite Party would be eligible for RBL card and also they would credit an amount of Rs. 40000 to the Opposite Party membership account. But no such amount of Rs. 40000/- was credited to the Complainant's membership account instead the Opposite Party's club representatives debited an amount of Rs. 20000/- from Opposite Party's account thereby the Opposite Party's had made a payment totalling  a sum of Rs. 76000/- to the Opposite Party. The Opposite Party has issued Royal Membership card through professional courier in POD No.221735886 dated 02.08.2017. The Royal Membership card was issued by the Opposite Party and after receiving the same the Complainant approached the Opposite Party for utilizing the same as a member. As no suggestion or advise was given by the Opposite Party for utilizing the Royal Membership card, the Royal Membership card was  not utilized by the Opposite Party. The Opposite Party demanded a sum of Rs 24,000/- to become a crown membership, he was not interested to become a crown membership, for the reason till date he has not benefited anything from the Opposite Party as Royal Membership by paying sum of Rs.76,000/-. On payment of the same neither elite membership card nor RBL credit card was not given to the Complainant. No elite membership was  issued to the Opposite Party service nor the RBL credit card thereby the Opposite Party have cheated the Complainant by not rendering any services to the Complainant and the act of the Opposite Party's club and the business representatives clearly reveals a perpetuate fraud committed on the Complainant. After making a payment of Rs. 76,000/- the Complainant was not provided with any services as agreed by the Opposite party which is deficiency in service. At the time of enrolling as a member in the Opposite Party’s club no pamphlets and agreement copies with regard to the terms and conditions of the Opposite Party's club was issued to the Complainant and no terms was stated by the Opposite Party for non refund. Therefore the Opposite Party's intention is to commit perpetuate fraud. Initially the Opposite Party's club business executives informed to the Complainant CIBIL score is not necessary in RBL card. CIBIL score is not essential to be a member in any club and now after making payment a sum of Rs.76,000/- by the Opposite Party and in order to extort more money to misappropriate the amount paid by the petitioner, the Opposite Party  has concocted that CIBIL score is necessary, the Complainant has less CIBIL score and he is not entitled for RBL membership further the Opposite Party have failed to terminate his membership and refund the amount paid by the Complainant. Even after repeated complaints in person the Opposite Party has not shown any interest nor respond to the Complainant's complaint instead the Opposite Party has demanded money and after repeated requests in person and post for terminating his membership and to refund the amount which was paid by the Complainant the Opposite Party have failed to do the same which caused mental agony to the Complainant. Hence the complaint.    

3.     The Opposite Parties did not appear before this Commission even after  notice was served on them. Hence the Opposite Party was set exparte .

4.     The Complainant had filed his Proof Affidavit and Written Arguments. On the side of Complainant Exs-A.1 to Ex-A5 were marked.

5.     Points for Consideration:-

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

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

3.To what other relief the Complainant is entitled to?

6.      Point No.1

The case of the Complainant is that he became a member of the Opposite Party club, by paying a sum of Rs.15,000/- and the Opposite Party  had issued Royal Membership Card vide Ex.B-1, which was received by him on 02.08.2017. On representation of the Opposite Party to pay a sum of Rs.15,000/- for elite membership category, which would entitle the Complainant for RBL Credit Card and hence the Complainant had paid Rs.15,000/- but he was neither provided with Elite Membership Card or the RBL Credit Card. Further on representation of one Mr.Gautham  of the Opposite Party that a sum of Rs.11,000/- is to be paid to become eligible for RBL Card and that they would credit an amount of Rs.40,000/- to the Opposite Party membership Account, the Complainant paid a further sum of Rs.11,000/-. However the amount of Rs.40,000/- was not credited the Opposite party’s membership account  instead debited an amount of Rs.20,000/- from the Opposite Party’s account, thereby a total sum of Rs.76,000/- is paid by the Complainant. Again the Opposite party has demanded Rs.24,000/- to become a crown membership. The grievance of the Complainant is that the Opposite Party has not provided any service, not given the RBL credit card and the elite membership as agreed which amounted to deficiency in service. Initially the Opposite Party informed that CIBIL score is not necessary for RBL Card. But after extorting a sum of Rs.76,000/- and in order to  extract more money has concocted that CIBIL score is necessary and that the Complainant is not entitled for RBL card. Hence the Complainant had sent a legal notice on 11.11.2017, Ex.A-3 claiming Rs.76,000/- and Rs.50,000/- towards damages for which the Opposite Party has given a reply dated 20.11.2017, Ex.A-4, followed by the Rejoinder dated Dec’2017, Ex.A-5.

The Opposite Party in their reply notice dated 20.11.2017 has admitted that on 11.10.2011 the Complainant has joined the Opposite Party Club on payment of Rs.15,000// as Life Membership. Thereafter on 23.02.2017 on further payment of Rs.15,000/- the Complainant had became Elite Membership and on further payment of Rs.15,000/- became Royal Membership on 13.06.2017. Thereafter the Complainant had made payments of Rs.11,000/- and Rs.20,000/-  and requested the Opposite Party to make him as Crown Membership. The Opposite Party has admitted that the Complainant had paid a sum of Rs.76,000/- and a sum of Rs.24,000/- had to be paid for Crown Membership.

After having received a sum of Rs.76,000/- the Opposite Party has not provided RBL Credit Card to the Complainant stating that CIBIL score is less than the required credit rating, which the Opposite Party had concealed and never brought to the notice of the Complainant. The Opposite Party has failed to provide necessary services as assured to the Complainant.

Considering the facts and circumstances of the case, this Commission is of the view that the Opposite Party by giving false assurances had induced the Complainant to pay of Rs.76,000/- and  failed to provide  RBL Credit Card and services assured to the Complainant, which negligent act amounts to deficiency of service on the part of the Opposite Party and thereby caused monetary loss and undue mental agony to the Complaiannt. Hence this Commission is of the considered view that the Opposite Party has committed deficiency in service. Accordingly Point No.1 is answered in favour of the Complainant

Point No.2 and 3:

As discussed and decided Point No.1 in favour of the Complainant, the Opposite Party is liable to refund  a sum of Rs.76,000/- and to pay a sum of Rs.10,000/- towards the deficiency of service and mental agony caused to the Complainant and also to pay a sum of Rs.3000/- towards cost of the complaint. Accordingly, Point No.2 is answered in favour of the Complainant. As Point Nos 1 and 2 are answered in favour of the Complainant, the Complainant is not entitled for any other reliefs.

In the result the complaint is allowed. The Opposite Party is directed to refund  a sum of Rs.76,000/- (Rupees Seventy Six Thousand Only) and to pay a sum of Rs.10,000/-(Rupees Ten Thousand Only) towards the deficiency of service and mental agony caused to the Complainant and also to pay a sum of Rs.3000/- (Rupees Three Thousand Only) towards cost of the complaint, within 8 weeks from the date of receipt of this order, failing which the above amounts shall carry interest at the rate of 6% p.a from the date of this order till the date of payment.

In the result the Complaint is allowed.

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on this the 10^th of August 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	June 2017	Copy of Membership card of the complaint
Ex.A2	01.11.2017	Copy of Notice sent by the Complainant
Ex.A3	11.11.2017	Copy of Legal notice
Ex.A4	20.11.2017	Copy of Reply notice
Ex.A5	Dec 2017	Copy of Rejoinder Notice

 

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

 

NIL

S. NANDAGOPALAN               T.R. SIVAKUMHAR                     B.JIJAA

         MEMBER II                       MEMBER I                           PRESIDENT