DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE
PRESENT : Sri. P.C. PAULACHEN, M.Com, LLB : PRESIDENT
Smt. PRIYA.S, BAL, LLB, MBA (HRM) : MEMBER
Friday the 30th day of December, 2022
C.C. 75/2020
Complainant
Abdul Jaleel,
S/o Shahul Hameed,
Orchad House,
Puthiyangadi.
(By Adv. Sri. E. K. Vasan)
Opposite Parties
- Branch Manager,
Country Vacation,
YMCA Cross Road,
Calicut – 673001.
- Managing Director,
Country Vacations,
A Division of Country Club (India) Ltd.,
6-3-1219/A, Country Club Kool,
Begam pet, Hydrabad – 500016.
ORDER
By Sri. P.C. PAULACHEN – PRESIDENT.
This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.
2. The case of the complainant, in brief, is as follows:
During the second week of June 2017, the Business Executive of the second opposite party had contacted the complainant over phone and informed that he had won first prize in a lucky draw in one of the free holiday packages conducted by ‘Country Vacation’ and that he was eligible to get free accommodation for 2 nights and 3 days in a reputed resort owned by Country
Club Hospitality and Holidays at Bandipur and requested him to visit the office of the second opposite party with family immediately. Lured and attracted by the presentation of the Executive of the second opposite party, on the next day itself, the complainant visited the office of the second opposite party. The Customer Care Executive made lucrative promises of 6N/7D holidays in the resorts of the second opposite party in India and abroad by paying a lump sum amount of Rs. 2,30,000/- for 8 family members in a year for a continuous period of 30 years. The complainant accepted the offer. The Senior Customer Care Executive filled up certain documents and got it signed and collected a sum of Rs. 25,000/- in cash and Rs. 1,00,000/- as cheque towards advance payment. Subsequently, the cheque for the balance amount of Rs. 1,05,000/- was also collected from the complainant.
3. After a few days, he availed the free offer and visited the resort at Bandipur. Early in 2018, he requested for a holiday trip to Kovalam and Thekkadi. Then the first opposite party demanded annual maintenance charges. Though it was a violation of the earlier promise, reluctantly he paid the amount. But the opposite parties failed to allot rooms stating that it was peak season and forced the complainant to postpone the trip to April 2018. Later the trip was confirmed. But the service rendered was very poor.
4. In the year 2019 also, the complainant paid AMC of Rs. 10,500/- and requested for 2 rooms for 3 nights to four family members at ‘Country Club De, Goa’. Upon their confirmation on 23/07/2019 the complainant booked two tier AC Railway tickets for four persons to Goa. But on 14/08/2019 the reservation was cancelled by the opposite parties without assigning any reason. On contacting, the Executive of the first opposite party pacified the complainant stating to ignore the cancellation and promised to arrange the rooms. The complainant requested for 2 rooms for 3 nights as there were 5 family members and told the Executive that he was prepared to pay discounted tariff, if any. The Executive of the second opposite party assured to arrange another room and collected Rs. 1,826 for allocation of additional room. Since there was no confirmation from the opposite parties, the complainant contacted the opposite party’s central reservation and other contact centres, but no reply was received. On checking the website of Country Club De, Goa booking, it was found that a number of vacant rooms were available and offered to outsiders. The opposite parties were wilfully denying the services and privileges to him with an intention to collect huge amount. Therefore, the complainant was constrained to cancel the railway reservation tickets and incurred loss on that account also. On contacting the Executive, he expressed helplessness regarding the confirmation of the second room. The act of the opposite parties has resulted in mental agony and harassment to him. The act of the opposite parties amounts to unfair trade practice and deficiency of service. Hence the complaint to direct the opposite parties to pay Rs. 2,30,000/- collected from him towards membership fee, Rs. 21,000/- collected as annual maintenance charges, Rs. 1,826/- collected as additional room charge and Rs.650/- as cancellation charges of railway tickets along with Rs. 2,00,000/- as compensation for mental agony and hardship.
5. The opposite parties were set ex-parte.
6. The points that arise for determination in this complaint are;
(1). Whether there was any deficiency of service or unfair trade practice on the part of the opposite parties, as alleged?
(2). Reliefs and costs.
7. The complainant was examined as PW1 and Exts A1 to A9 were marked.
8. Heard the complainant.
9. Point No. 1 : The complainant has approached this Commission alleging unfair trade practice and deficiency of service on the part of the opposite parties.
10. PW1 is none other than the complainant, who has filed affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the agreement dated 14/06/2017, Ext A2 is the copy of the Holiday Gift Voucher dated 14/06/2017, Ext A3 is the copy of the cancellation ticket of railways, Ext A4 is the copy of the email dated 10/09/2019 intimating cancellation of the rooms, Ext A5 is the copy of the e-mail dated 19/08/2019, Ext A6 is the copy of the payment confirmation e-mail dated 28/08/2019, Ext A7 is the un-served postal article, Ext A8 is the copy of the lawyer notice dated 12/10/2019 and Ext A9 is the permanent receipt of membership dated 20/06/2017. The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version. They have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A9 documents.
11. It is proved that the opposite parties have wilfully denied the services and privileges offered to the complainant and the service rendered is deficient which constitute unfair trade practice and deficiency of service. The complainant is entitled to get refund of the membership fee, the annual maintenance charge, additional room charge and the cancellation charge of the railway tickets from the opposite parties. Undoubtedly, the act of the opposite parties has resulted in mental agony, hardship and inconvenience to the complainant, for which, he is entitled to be compensated adequately. The claim for compensation is Rs. 2,00,000/-. The claim appears to be excessive. Considering the entire facts and circumstances, we are of the view that a sum of Rs. 10,000/- will be reasonable compensation in this case. The complainant is also entitled to get Rs. 3,500/- as cost of the proceedings.
12. Point No.2: In the light of the finding on the above point, the complaint is disposed of as follows;
a) CC 75/2020 is allowed in part.
b) The opposite parties are hereby directed to pay the complainant an amount of Rs. 2,30,000/- collected by them towards membership fee, Rs. 21,000/- collected towards annual maintenance charges, Rs. 1,826/- collected as additional room charge and Rs. 650/- spent by the complainant as cancellation charges of railway tickets, total being Rs. 2,53,476/- (Rupees Two lakh fifty three thousand four hundred and seventy six only).
c) The opposite parties are directed to pay a sum of Rs. 10,000/- (Rupees ten thousand only) as compensation to the complainant for the mental agony, inconvenience and hardship suffered.
d) The opposite parties are directed to pay a sum of Rs. 3,500/- (Rupees three thousand five hundred only) as cost of proceedings to the complainant.
e) The order shall be complied with within 30 days of the receipt of copy of this order.
Pronounced in open Commission on this, the 30th day of December, 2022.
Date of Filing: 28/02/2020.
Sd/-
PRESIDENT
Sd/- MEMBER
APPENDIX
Exhibits for the Complainant :
Ext. A1 – Copy of the agreement dated 14/06/2017.
Ext. A2 – Copy of the Holiday gift voucher dated 14/06/2017.
Ext. A3 – Copy of the cancellation ticket of railways.
Ext. A4 – Copy of the email dated 10/09/2019.
Ext. A5 – Copy of the email dated 19/08/2019.
Ext. A6 – Copy of the payment confirmation e-mail dated 28/08/2019.
Ext. A7 – Un-served postal articled.
Ext. A8 – Copy of the lawyer notice dated 12/10/2019.
Ext. A9 – Permanent receipt of membership dated 20/06/2017.
Exhibits for the Opposite Party
Nil.
Witnesses for the Complainant
PW1 – Abdul Jaleel (Complainant)
Witnesses for the opposite parties
Nil.
Sd/-
PRESIDENT
Sd/-
MEMBER
Forwarded/By Order
Sd/-
Assistant Registrar
