Tamil Nadu

South Chennai

CC/245/2022

V. Unnikrishnan - Complainant(s)

Versus

City Club India Pvt Ltd., - Opp.Party(s)

M/s. Rajalakshmi

16 Dec 2022

ORDER

                                                                                                                                            Date of Complaint Filed :04.07.2022

                                                                                                                                            Date of Reservation     : 29.11.2022

                                                                                                                                             Date of Order              : 16.12.2022

 

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. 245/2022

FRIDAY, THE 16^th DAY OF DECEMBER 2022

V. Unnikrishnan,

S/o. C. Vellamuthu,

Flat B, Vasavi Serene, No.12,

V.C.Garden 3^rd Street,

Chennai – 600 028.                                                                                                            …Complainant

-Vs-

City Club India Pvt Ltd,

Rep. by its Managing Director,

No.146, Habibullah Road,

T.Nagar,

Chennai – 600 017.                                                                                                            ...Opposite Party

******

Counsel for the Complainant             : M/s. S. Rajalakshmi

Counsel for the Opposite Party          : Exparte

 

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

ORDER

Pronounced by Member-I, Thiru. T.R.Sivakumhar., B.A., B.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 35 of the Consumer Protection Act, 2019 and prays to direct the Opposite Party to refund the sum of Rs.50,000/- with 18% p.a from 06.11.2021 and to pay a sum of Rs.3,00,000/- as compensation for the deficiency of service and  mental agony and hardship underwent by the Complainant along with cost of Rs.10,000/-.

2.     The averments of Complaint in brief are as follows:-

Without any solicitation from his side the Opposite Party's club representative contacted the Complainant during the month of October and explained about club facilities offered by the Opposite Party and also shared promotion material and he was also informed that he will be provided with the Membership Card and Coupons immediately which can also be used in the premises and he being impressed with the sales talk agreed to take the Membership. He had initially paid a sum of Rs 15,000 on 09.10.2021, for which the Opposite Party issued your receipt No.706, and subsequently also paid Rs.18000 + Rs.2000 on 13.10.2021, and the Opposite Party acknowledging the payment issued a receipt No.707. On receipt of the payments the Opposite Party informed him that they will be sending the Membership Card & coupons within a week. However, he Complainant did not receive the Membership Card & coupons even after a week hence he contacted the Opposite Party and was informed that he will receive the same shortly. The Opposite Party did not pass on the Membership Card & coupons within a week he was constrained to reach the Opposite Party on 25.10.2021, upon which he was directed to contact the General Manager of the Opposite Party at 7358684342, however the employee identified by the Opposite Party with whom he was directed to interact remained incommunicado. When he escalated the issue with the Opposite Party on 29.11.2021 about the laidback approach of the General Manager in solving the issue and this time he was redirected to contact the Team Manager at 63806 71678 to whom he openly told that in view of indifferent attitude exhibited by the Opposite Party he decided to back out from the offered by the Membership's club and requested the Opposite Party to refund the amount in a week and the Team Manager assured that the issue will be sorted out shortly. However there was no positive signs from the Opposite Party which compelledhim to once again contact the Team Manager who conveyed that he will receive a call from the Administrative Department soon and he did receive a call however to the shock and surprise he was directed to pay an additional amount of Rs 15,000/- towards internal processing and transfer of membership without which the refund could not be processed and also assured that taking into consideration that he had to wait all these time for the refund the Opposite Party shall refund a sum of Rs 55,000/-, instead of a sum of Rs.50,000/- which he was actually entitled for. Believing the articulation of the Opposite Party's employee, based on Team Lead's earlier assurance, remitted a sum of Rs 15,000/- on 06.12.2021, and the Opposite Party received the same and issued a receipt bearing number 1080. He was instructed to share his bank account details so that the Opposite Party can transfer the sum of Rs. 55,000/- directly to his account and he also scrupulously shared his bank account details. He was under the fond hope that the amounts would get transferred however it did not happen as assured which compelled him to reach the Opposite Party from 07.12.2021 enquiring about the status of the refund but the Opposite Party has been giving evasive false replies. He had persistently contacted the Opposite Party and bolt out of blue the Opposite Party informed the Complainant on 03.01.2022, that he has to wait till 14.01.2022 from thereon to 15.01.2022, then to 17.01.2022. He felt being taken for a ride hence messaged the Opposite Party and informed that if the amount is not being refunded within a timeline he will proceed legally the Opposite Party agreed to do the needful at the earliest however the Opposite Party has not made any endeavor to refund the amount. He has placed immense trust on the Opposite Party, in contrary the Opposite party time and again had committed breach of trust. Right from the inception the Opposite Party had fleecedhim of his hard earned money. The action and inaction by the Opposite Party clearly tantamount to deficiency of service for which he has to be necessarily compensated. Hence the complaint.

3.  The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-10 were marked. The Opposite Party did not appear before this Commission even after sufficient notice to them. Hence the Opposite Parties were set exparte.

Points for Consideration

1. Whether the Opposite Parties had committed unfair trade practice as well as deficiency in service to the Complainant?

2. Whether the Complainant is entitled for reliefs claimed in the Complaint and for any other reliefs?

Point No 1:-

on careful reading of the complaint and perusal of the exhibits marked in support of the complaint, the complainant has been assured for membership in their club to avail benefits as mentioned in the Promotion material of the Opposite Party issued to him and towards membership the Opposite Party had received a sum of Rs.15,000/- on 09.10.2021 and another sum of Rs.20,000/- on 13.10.2021, the Promotion material and the Receipts dated 09.10.2021 and 13.10.2021, were marked as Exs.A-1, 2, and 3, respectively. As per Ex.A-4 the Opposite Party found to be received a sum of Rs.15,000/- on 06.12.2021, but no document was produced by the Complainant to substantiate that the said sum of Rs.15,000/- was asked to pay for processing for refund of the amount paid by the Complainant. As the Complainant was not provided with the Membership Card of the Opposite Party nor refund of the amounts paid by the Complainant to the Opposite Party, it would be clear that in spite of receipt of a sum of Rs.50,000/- from the Complainant, the Opposite Party had failed to provide the Membership Card to the Complainant, by not providing the same the Complainant could not avail any benefits as mentioned in Ex.A-1, this negligent act of Opposite Party clearly amounts to Unfair trade practice. Therefore, we are of the considered view that the Opposite Party had committed Unfair Trade Practice and thereby had caused mental agony to the Complainant. Accordingly Point No.1 is answered.        

Point No.2:-

As discussed and decide above in Point no.1 against the opposite party, the complainant is entitled for refund of a sum of Rs.50,000/- together with interest at the rate of 9% per annum from 06.12.2021 till the date of the order, and entitled for a sum of Rs.10,000/- towards Unfair Trade Practice and mental agony along with cost of Rs.5,000/-. And the complainant is not entitled for any other relief/s. Accordingly Point No.2 is answered.

In the result, the complaint is allowed in part. The Opposite Party is directed to refund a sum of Rs.50,000/- (Rupees Fifty Thousand Only) together with interest at the rate of 9% p.a from 06.12.2021 till the date of the order, also to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) towards unfair trade practice and mental agony, along with Rs.5000/- (Rupees Five Thousand Only) towards costs, to the Complainant, within 8 weeks from the date receipt of this order, failing which the above amounts shall carry interest at the rate of 9% p.a from the date of receipt of this order till the date of realisation.

          In the result this complaint is allowed.        

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on  16^th of December 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	-	Promotion material shared by the Opposite Party
Ex.A2	09.10.2021	Receipt bearing No.706, dated issued by Opposite Party for a sum Rs.15,000/-
Ex.A3	13.10.2021	Receipt bearing No.707, dated issued by Opposite Party for a sum Rs.15,000/-
Ex.A4	06.12.2021	Receipt bearing No.108, dated issued by Opposite Party for a sum Rs.15,000/-
Ex.A5	-	Whats app conversation between the Complainant and the Opposite Party’s General Manager, Ms.Yazhini
Ex.A6	-	Whatsapp conversation between the Complainant and the Opposite Party’s Team Manager-Mr.Rithick
Ex.A7	-	Whatsapp conversation between the Complainant and the Opposite Party’s Administration Department – Zara
Ex.A8	10.02.2022	Legal notice issued to the Opposite Party
Ex.A9	17.02.2022	Acknowledgement card

 

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

NIL

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                   B.JIJAA

         MEMBER II                      MEMBER I                         PRESIDENT