Tamil Nadu

South Chennai

CC/402/2018

V J Vijaya Kumar - Complainant(s)

Versus

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

M/s M Meenakshi Sundaram

11 Aug 2022

ORDER

Date of Complaint Filed : 16.10.2018                                                    

Date of Reservation      : 12.07.2022

Date of Order               : 11.08.2022

 

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.402/2018

THURSDAY, THE 11^th DAY OF AUGUST 2022

V.J. Vijaya Kumar,

S/o Mr. V.L. Jagadeesan,

No.37, 1^st Floor,

Shanthi Nagar 5^th Street,

Vyasarpadi, Chennai – 600 039.                                     …Complainant

 

-Vs-

Benze Vaccations Club Public Limited,

Rep. by its Managing Director,

Mr. Arumugam Thana Jayan,

Having office at

No.781, Royala Tower,

2^nd Floor,

Anna Salai,

Chennai – 600 002.                                                      …Opposite Party

******

Counsel for the Complainant          : M/s. R M. Meenakshisundaram

Counsel for the Opposite Party       : Ex-parte

 

        On perusal of records and on endorsement made by the Complainant, the written arguments being treated as oral arguments, 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 pay the sum of Rs.5,00,000/- together with interest thereon at 24% p.a from the date of this complaint till realization along with cost of this complaint.

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

        The Complainant was represented that the Opposite Party was India’s 1^st Family Entertainment Club. In pursuance to the representation of the Opposite Party he enrolled himself as a life member of the Opposite Party Club vide Reference Number - LMV 2554 on 11.04. 2009. He was informed that there was a special offer that current membership (Life Membership) can be upgraded to Elite Membership for existing members at Special Offer Price for Rs.15,000/ (Actual cost of Rs.1,00,000/- for new members and Rs.60,000/- for existing members) with benefits and the Complainant was offered the said membership for Rs. 15,000/- vide offer letter dated 11.06.2015. The Complainant enticed by the Opposite Party juicy offers and rosy assurances accepted the said offer letter and after due negotiations, the Opposite Party agreed to transfer his life membership to elite membership for Rs.12,000/- at that time the Opposite Party Marketing Executive promised that new membership card and coupons will be send by courier within three working days after cheque realisation and the Complainant issued a cheque No: 004517 dated 11.06.2015 for Rs.12,000/- drawn on Axis Bank, Perambur Branch, Chennai 600011. After realisation of cheque, to his utter dismay the Opposite Party did not keep up their promises and failed to provide him with any benefits inspite of the fact that his membership was transferred on payment of necessary charges, only on the assurances given by them to provide the above said facilities. The act of the opposite party in not providing with the benefits as stated above to him inspite of receipt of Rs.12,000/- towards upgrading his membership amounts to unfair trade practice. The Complainant states that several request through phone were made by him to provide with the above said facilities to him, which went into the deaf ears of the executives/staff of the Opposite Party club, which amounts to deficiency of service on their part. The Complainant states that only on the assurance to provide with the above said benefits, he accepted to upgrade his membership on payment of additional charges. The Complainant offered and accepted the additional charges for upgrading the Opposite Party ought to have provided the benefits to the Complainant as promised by them which they have miserably failed to do so. The notice of the Complainant's advocate dated 12.10.2015 was received and acknowledged by the Opposite Party on 26.10.2015. No reply was sent by the Opposite Party. That there has been deficiency in service attributable to the Opposite Party is quite evident from the events narrated above. 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. Though the Opposite Party remained exparte, this Commission has proceeded to dispose of the case on merits with available documents.

4.     The Complainant, in order to prove his case had filed his Proof Affidavit documents Ex-A.1 to Ex-A5 were marked on the side of the Complainant. Written Arguments was filed on behalf of the Complainant.

 

Points for Consideration:-

1. Whether there is unfair trade practise and 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 to?

Point No.1

The case of the Complainant is that he became a life member of the Opposite Party club vide Reference Number – LMV 2554 on 11.04.2009. As per Ex.A-1, on representation of the Opposite Party that there is a special offer that Life Membership can be upgraded to Elite Membership at special offer price of Rs.15,000/- for Elite Membership category, which would entitle the Complainant for the following benefits:

“"Life to Elite membership card, Transferable, Accessibility to all Benze club & resorts, eligible for future clubs & resorts, 40% discount for tie up hotels & resorts, swimming pool free (member's spouse & children), indoor games & outdoor games free, 50 free spa coupons, Gym free, credit limit - Rs.10,000/- for restaurant & Bar, 50 room's stay coupons in the club for free, 7 nights 8 days Domestic Tour Packages, free food & accommodation for the 1st year only, Charges for travel only. No annual fee"

As the Opposite Party agreed to transfer his Life Membership to Elite Membership at Rs.12,000/-, the Complainant had paid the amount of Rs.12,000/- by way of cheque dated 11.06.2015 in Cheque No.004517, the receipt dated 11.06.2015 issued by the Opposite Party is Ex.A-2. After realization of the amount the Opposite Party had failed to provide the benefits as assured. The Complainant had sent a legal notice dated 12.10.2015, Ex.A-3, to the Opposite Party even after receipt of the legal notice on 26.10.2015, Ex.A-4, there was no response from the Opposite Party.

After having received a sum of Rs.12,000/- the Opposite Party has not provided the benefits as assured by the Opposite Party. The Opposite Party has to provide the benefits to the Complainant as assured in Ex.A-1 after receiving additional charges of Rs.12,000/- from the Complainant, and after upgrading the Life Membership of the Complainant to Elite Membership, which entitles the Complainant for the benefits enumerated in Ex.A-1.

Considering the facts and circumstances of the case, this Commission is of the view that the act of the Opposite Party by giving false assurances that the Complainant is entitled for certain benefits as agreed under Ex.A-1 and making the Complainant to pay of Rs.12,000/-, and failure to provide services assured to the Complainant, which  amounts to deficiency in service on the part of the Opposite Party and thereby caused monetary loss and mental agony to the Complainant. 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.12,000/- and to pay a sum of Rs.5,000/- 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 in part. The Opposite Party is directed to refund  a sum of Rs.12,000/- (Rupees Twelve Thousand Only) and to pay a sum of Rs.5,000/- (Rupees Five 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 11^th day 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	11.06.2015	Copy of Offer letter given by the Opposite Party to the Complainant
Ex.A2	11.06.2015	Copy of Receipt issued by the Opposite Party
Ex.A3	12.10.2015	Copy of Legal Notice sent by Complainant
Ex.A4	26.10.2015	Copy of Acknowledgement card
Ex.A5	-	Copy of View signatory Details

 

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

 

NIL

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                        B.JIJAA

         MEMBER II                              MEMBER I                           PRESIDENT