Date of Filing :  06.01. 2010

                                                                        Date of Order :  02.03.2016.

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3

PRESENT: THIRU. B. RAMALINGAM M.A.M.L.,y                     : PRESIDENT

                 TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

           DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

C.C.NO.54/2010

WEDNESDAY THIS  2nd  DAY OF MARCH  2016

Mr. Shaman Mithru,

S/o. S.Karuppiah,

No.3, III Cross Street,

Balaji Nagar, Ekaduthangal,

Chennai 600 032.                                         ..Complainant

                                      ..Vs..

1.  City Club,

Rep. by its General Manager,

Mr. Manian,

No.16, 1^st Lane,

Vijayaraghava Road,

T.Nagar,

Chennai – 17.

2. Benze Marketing,

Rep. by its Manager,

No.27, 19^th Street,

4^th Avenue,

Ashok Nagar,

Chennai.                                                           ..Opposite parties.  

For the Complainant                  :   M/s. J. Ravikumar & another    

For the Opposite party-1             :  M/s. K.Gajendiran.

For the opposite party-2              :  Exparte.      

        Complaint  under section 12 of the Consumer Protection  Act 1986. Complaint is filed seeking direction against the opposite parties to deliver two gold coins etc.  and also to pay a sum Rs.4,75,000/- as compensation  and cost of the complaint to the complainant.

ORDER

THIRU.   T.PAUL RAJASEKARAN ::    MEMBER-II      

1.The case of the complainant is briefly as follows

        The complainant stated that he had joined as Member in the Recreational Club through Benze  marketing by paying Rs.12,000/- on 1.8.2008 vide No.8590.  The complainant further stated that the opposite party had promised to give the gifts such as 2 gold  coins (one grams each), tour package for five years across the country for seven people including the number, massage coupon worth about Rs.2,000/-, food voucher wroth Rs.1000/-, gift voucher worth Rs.1000, free stay for 12 days and 12 night at City club and its resorts this allegation was it has not been provided to him by the opposite party.   Having become as a life member by paying the consideration he was complaining the promises made by the opposite parties  by providing gifts has not been complied to.   The conduct  of the opposite parties under Sec.2 (1) (r) (3) of the COPRA 1986 amounts to “unfair trade practice” thereby not honoring the promise committed by the opposite parties.    As such the complainant sought for claims for a sum of Rs.4,75,000/- as compensation  with cost.  Hence the complaint.

Written version 1^st opposite party in brief is as follows:

2.     The 1^st opposite party denies all the averments and allegation contained in the complaint except those that are specifically admitted herein.  The 1^st opposite party states that the complainant while filing the membership application form has carefully gone through the terms and conditions as detailed in the overleaf of the said application.    No documentary evidence provided that the 1^st opposite party had promised with such offer and special package for new membership.  The alleged promise said to have been given by the 2^nd opposite party was not aware by the 1^st opposite party.    No administrative staffs of the 1^st opposite party  or any agents representing 1^st opposite party were permitted to make hoax representation to the newly enroll members in the said club.   Ipsofacto, any proposal the management offered, all such package and special offer will be displayed in the Notice Board or by printed brochures.   The 1^st opposite party in their reply clearly pointed that no such promise was assured and the amount remitted towards membership was not transferable or refundable.     Hence there is no  deficiency in service and the complaint is liable to be dismissed.

3.     Even after receipt of the notice from this forum in this proceeding, the 2^nd opposite party did not appear before this Forum and did not file any written version.  Hence the 2^nd opposite party was set exparte on  15.3.2010.

4.   Complainant has filed his Proof affidavit and Ex.A1 to Ex.A14 were marked on the side of the complainant.   Proof affidavit of 1^st  Opposite party not  filed  and no document was marked on the side of the  1^st opposite party.    

5.         The points that arise for consideration are as follows:-

1)   Whether there is any deficiency in service on the part of the opposite parties?

2. Whether the complainant is entitled to the  reliefs asked for?.

6.    POINT 1 & 2 :

           Perused the complaint filed by the complainant and his proof affidavit and documents Ex.A1 to Ex.A14 were marked on the side of the complainant.   Written version filed by the opposite party-1 and  proof affidavit not filed on the side of the opposite party-1  and also considered the both side arguments.     

7.     The complainant stated that he had joined as Member in the Recreational Club through “Benze  marketing” by paying Rs.12,000/- on 1.8.2008 vide  No.8590.  The complainant allege stated that the opposite party had promised to give the gifts such as 2 gold  coins (one grams each), tour package for five years across the country for seven people including the number, massage coupon worth about Rs.2,000/-, food voucher wroth Rs.1000/-, gift voucher worth Rs.1000, free stay for 12 days and 12 night at City club and its resorts,  his allegation was it has not been provided to him by the opposite party.   Having become as a life member by paying the consideration he was complaining the promises made by the opposite party by providing gifts had not been complied to.   The conduct  of the opposite parties under Sec.2 (1) (r) (3) of the COPRA 1986 amounts to unfair trade practice thereby not honoring the promise committed by the opposite parties.    Hence the complainant demands a compensation of Rs.4,75,000/- with cost.

8.     The opposite party-1 contended that the averments made by the complainant was not agreed by him.  The 1^st opposite party did not disputed about the receipt of the life membership fee Rs.12,000/- marked under Ex.A2 and the membership card also been delivered to the complainant under Ex.A3 & Ex.A4 respectively.   The 1^st opposite party contended that there was no documentary evidence supported by the promises made by the 2^nd opposite party on behalf of 1^st opposite party and he says that it is a hoax representation made by the complainant.  Ipsofacto any proposal the Management offered all such packages and special offer will be displayed in the printed brochures  or in the notice board.    No such offer was made to hood wink the people for enrolling the member of the club of the 1^st opposite party.    The 1^st opposite party in their reply clearly pointed out no such promise was assured to the complainant and the membership fee remitted is also not refundable.   Hence the 1^st opposite party pray that the complaint is liable to be dismissed.

9.     In pursuant of the documents filed by the complainant and written version submitted by opposite party-1 we are the opinion that the complainant has not proved the allegations made against the opposite parties 1 & 2 by way of documentary evidence seeking the gifts were not issued to him and honour the promises given by opposite party-2.    The opposite parties clearly states that Ipsofacto and establishing the claim made by the complainant is not proved.   The amount paid by the complainant as life member cannot be refunded as per the terms of the agreement made between the opposite parties and the complainant.  

10.    As discussed above, we are of the considered view that the complainant also miserably failed to prove the deficiency of service attributed against the opposite parties  in the complaint and the complaint is liable to be dismissed.  Considering the facts and circumstances of the case the parties are ordered to bear their own costs.   Accordingly the points 1 and 2 are answered.

        In the result, the complaint is dismissed.  No costs.

          Dictated directly by the Member-II to the Assistant, transcribed and computerized by her, corrected by the Member-II and pronounced by us in the open Forum on this the  2^nd    day of   March    2016.

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents :

Ex.A1-  1.8.2008   - Copy of receipt issued by 1^st opposite party

Ex.A2-  Aug’2008  - Copy of temporary receipt towards life membership.

Ex.A3-         -       - Copy of Brochure of 1^st opposite party

Ex.A4-         -       - Copy of Life Membership card.

Ex.A5- 19.3.2009  - Copy of registered letter to 1^st opposite party

Ex.A6- 21.3.2009  - Copy of Postal receipt.

Ex.A7- 23.3.2009  - Copy of Ack. Card.

Ex.A8- 1.4.2009    - Copy of Reply by 1^st opposite party

Ex.A9- 21.4.2009  - Copy of letter to 1^st opposite party PRO and General

                             Manager.

Ex.A10- 25.4.2009         - Copy of Postal receipts.

Ex.A11- 27.4.2009         - Copy  of Postal Ack.

Ex.A12- 3.7.2009  - Copy of Legal notice.

Ex.A13- 3.7.2009  - Copy of Postal receipt No.95.

Ex.A14- 6.7.2009  - Copy of Postal ack.

Opposite parties’ side  documents:   Nil

MEMBER-I                        MEMBER-II                             PRESIDENT.