By Sri. MOHAMED ISMAYIL C.V, MEMBER
The grievance of the complainant is as follows:-
1. The complainant has averred that the opposite party had offered to make use of holiday facility of the opposite party as the complainant had selected for the same because he was a winner in the lucky draw conducted by a shopping centre in Thiruvananthapuram. On 24/07/2022 the complainant reached at the office of the opposite party, the opposite party had persuaded and instigated for taking a membership in Country Club Hospitality and Holidays of the opposite party. It is averred that the opposite party had made offer to use Hotels, Fitness centres and other Activity Spaces by availing membership. As a result, the complainant had availed membership by making payment of Rs. 60,350/-(Rupees Sixty thousand three hundred and fifty only) and Rs. 36,349/- (Rupees Thirty six thousand three hundred and fourty nine only) to the account of the opposite party through debit card transfer. On 30/07/2022 the complainant made another payment of Rs. 55,350/- (Rupees Fifty five thousand three hundred and fifty only) to the opposite party as last instalment by way of debit card transfer. It is averred by the complainant that when he reached along with his family at Thiruvananthapuram, he could not avail facilities of the opposite party by using mobile App and same was informed to the opposite party. But same defects continued when the complainant had tried to avail facilities through a telephone number provided by the opposite party. So the complainant went to the office of the opposite party and attempted through a mobile number of the Manager of the opposite party to avail facility offered under the Membership of the opposite party. But all the efforts became futile and the complainant could not make use of the facilities offered. It is averred by the complainant that he had contacted the head office of the opposite party and relinquished the membership of the opposite party. So it is informed that the opposite party has proceeded to get refund of the fee paid by the complainant. When the complainant approached the opposite party to get back the amount, it was revealed by the opposite party that two instalments paid through debit card EMI will be refunded through bank on request and another instalment will be refunded by the Company directly. So the complainant frequently visited the bank for refund of the amount, but all efforts went in vain as it was informed by the bank that the amount would be given to the opposite party not to the complainant. Later the opposite party was directed to send email to the head office, resulting refund of Rs. 70,000/- to the complainant. It is averred by the complainant that the opposite party is liable to refund balance of Rs. 82,049/- (Rupees Eighty two thousand and fourty nine only) to the complainant. It is averred that talks were conducted with the opposite party for many times and the opposite party even attempted to execute a document stating full amount was refunded, without making actual payment. It is alleged by the complainant that the opposite party has committed deficiency in service towards the complainant. The act of the opposite party caused sufferings mental agony and hardship to the complainant. So the complainant prayed for a direction to the opposite party to refund Rs. 82,049/- to the complainant as the balance of membership fee. The complainant was also prayed for a direction to the opposite party to pay Rs. 1,00,000/- (Rupees One lakh only) as compensation and cost of the proceedings.
2. The complaint is admitted on file and issued notice to the opposite party. The opposite party received notice on 26/06/2023, but did not appear before the Commission. The opposite party did not file version also. So the Commission set the opposite party as exparte.
3. The complainant filed affidavit. The documents produced by the complainant are marked as Ext. A1 to Ext. A4 documents. Ext. A1 document is the copy of One Week Family Holiday Membership Card dated 24/07/2022 issued by the opposite party in favour of the complainant. Ext. A2 document is the copy of Membership Agreement dated 24/07/2022 executed between the complainant and the opposite party. Ext.A3 series documents are the copies of payment receipts dated 30/07/2022 issued by the opposite party in favour of the complainant. Ext. A4 document is the copy of Membership Certificate issued by the opposite party in favour of the complainant.
4. Heard the complainant in detail. Gone through documents and affidavit of the complainant thoroughly. The Commission considered following points for adjudication of the matter:-
- Whether the act of the opposite party constitute commission of deficiency in service.
- Relief and cost.
5. Point No. (i) and (ii):-
It is alleged by the complainant that, he had subscribed a Membership of the opposite party and Membership card is produced and marked as Ext. A1 document. It is averred that the opposite party is a company incorporated under the Companies Act, 1956 and it provides to its members facilities of holidays, Club memberships and fitness centres. It is further averred that the complainant has subscribed the membership due to the persuasion and instigation made by the opposite party and remitted entire fees in three instalments. The complainant produced Ext. A3 series documents to show the payment made by complainant to avail membership of the opposite party. Ext.A3 series documents reveal that the complainant had remitted a total of Rs. 1,52,049/- to the opposite party for availing membership. The complainant also executed an agreement with the opposite party and it is produced and marked as Ext.A2 document. Ext. A2 document would reveal that the opposite party is liable to provide facilities shown as Membership benefits. Ext.A4 document is the Membership Certificate issued by the opposite party to the complainant.
6. The grievance of the complainant is that the opposite party had denied the facilities offered as per Ext. A2 document without any reason. So the opposite party has committed deficiency in service towards the complainant. It is averred that when the complainant and his family reached at Thiruvanthapuram, he attempted to avail facilities offered by the opposite party. But the complainant could make use of the facility due to failure of the system operated by the opposite party. So the complainant had cancelled the member and requested to refund the amount paid for membership. It is averred that the opposite party had refunded Rs. 70,000/- only after making tedious efforts from the side of the complainant. The opposite party did not repaid the balance amount of Rs. 82,049/- to the complainant.
7. In the evaluation of evidence, it can be seen that the opposite party failed to provide the facilities offered under Ext.A2 document. So there is denial of service from the side of the opposite party. It is also come out in evidence that the opposite party is bound to refund the balance of Rs. 82,049/- to the complainant. The Commission find that the opposite party has committed deficiency in service towards the complainant. It is also find that the act of the opposite party has caused sufferings of mental agony and hardship to the complainant for which the opposite party is liable to compensate adequately. There is no contra evidence available in this case to defend the pleadings of the complainant. So the Commission find that the complainant has proved his case against the opposite party. Hence complaint is allowed in the following manner:-
- The opposite party is directed to refund Rs. 82,049/- (Rupees Eighty two thousand and fourty nine only) to the complainant as the balance amount of the membership subscription fees.
- The opposite party is directed to pay Rs. 50,000/- (Rupees Fifty thousand only) as compensation for the sufferings of mental agony and hardship due to the act of deficiency in service.
- The opposite party is directed to pay Rs. 5000/- (Rupees Five thousand only) to the complainant as the cost of the proceedings.
The opposite party shall comply this order within 30 days from the date of this order otherwise entire amount shall carry 9% interest per annum from the date of the order till realization.
Dated this 30th day of November, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A4
Ext. A1 : Document is the copy of One Week Family Holiday Membership card dated
24/07/2022 issued by the opposite party in favour of the complainant.
Ext. A2: Document is the copy of Membership Agreement dated 24/07/2022
executed between the complainant and the opposite party.
Ext. A3 : Series documents are the copies of payment receipts dated 30/07/2022
issued by the opposite party in favour of the complainant.
Ext. A4 : Document is the copy of Membership Certificate issued by the opposite
party in favour of the complainant.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
