BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.390/2018

DATED ON THIS THE 08^th Febuary 2019

Present:        1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT  

                     2) Sri. Devakumar.M.C.               

                                                B.E., LLB., PGDCLP   - MEMBER

Complainant/s                  :       Sathish D.No. 576, 3^rd

                                                Main Road, Lokanayaka

                                                Nagara, Metagally Post,

                                                Mysuru.

                                                        (Sri. P.Thejasvi Adv)

                                                V/S

Opposite party/s                      :  1.Country Club Hospitality and Holiday Ltd.,

                                                     Office at Amrutha castle, 5/9 16, saifabad,

                                                     Opp. Secretariat, Hyderabad, rep.

                                                     By its Managing Director

                                                   2. Country Vacation, (A Division of Country

                                                   Club Hospitality and Holiday Ltd).,

                                                   No. Ch-19, PDR Atrium, 2^nd Floor,

                                                 Jayalakshimipuram Vilas Road,

                                                 Chamarajapuram, Mysuru.

                                                Rep.By its Authorized Signatory/Branch Manager

                                                (OP.Nos 1 and 2 Exparte)

Sri. H.M. SHIVAKUMARSWAMY,

President

1. This complaint is filed for a direction to the opposite parties to refund membership fee of Rs. 1,28,000/- with interest at 18% from 27.02.2018  till payment with compensation.

2. The brief facts alleged in the complaint are: that the complainant has received the phone call from 2^nd opposite party, 2^nd opposite party directed the complainant to contact immediately to collect the prize, the complainant approached 2^nd opposite party on 12.02.2018, wherein the opposite parties brainwashed complainant to become a member and to pay Rs. 1,28,000/-. Accordingly said amount was paid, the opposite parties without disclosing anything took signatures to the membership agreement , assuring the lifetime membership with all facilities in the club, but to the surprise of complainant the facility provided in the club are of sub standard, thereby complainant immediately requested opposite party to refund membership fee on 27.02.2018, since there is no response from opposite parties legal notice was issued on 11.10.2018 even than there is no response from opposite parties. Hence this complaint is filed.

3. After registering the complainant notice was issued to both opposite parties from this Forum, in spite of service of notice, opposite parties absent, hence opposite parties are placed exparte.

4. During evidence complainant filed affidavit evidence in support of his case with documents and further evidence closed, after hearing arguments, this matter is set down for orders.

5. The points arose for our consideration are:

1. Whether the complainant is entitled for refund of

Membership fee with interest and cost?

2. To what order?

6. Our findings on the aforesaid points as follows:

                    Point no.1: Partly in the Affirmative

                    Point no.2: As per final order, for the following

REASONS

7.Point No.1:- To establishes his case complainant has paid membership fee in month of 12^th  February 2018. 2^nd opposite party called the complainant by phone to get a lucky prize, accordingly on 12.02.2018 complainant went to 2^nd opposite party, where 2^nd opposite party brainwashed to purchase membership of opposite parties, complainant paid a sum of Rs. 1,28,000/- 2^nd opposite party has issued receipt and without disclosing the condition of the membership agreement, opposite parties misguided the complainant sign on the same.

1. The complainant purchased membership so as to use Gym and a Holiday facility.

2. To the surprise when visited the 2^nd opposite party no facility is provided to the complainant, thereby sought for cancellation of membership and refund the fee deposited by the complainant. There are email correspondences by the complainant. Even then no response, thereby legal notice issued on 11.10.2018, hence this complaint is filed.

8. The opposite parties not appeared nor denied allegations made in the complainant and also the evidence of complainant. Further in view of documents produced by the complainant established that the complainant paid for sum of Rs.1,28,000/- but no facilities are provided, the complainant asked refund, the opposite party not refunded membership fee. It establishes that there is deficiency of service on the part of opposite parties and complainant is entitled for relief. Hence point no.1 is answered partly in the affirmative.

9. Point no.2:- In view of the findings recorded on point no.1 opposite parties are jointly and severally liable to refund of Rs. 1,28,000/- with interest at 18% .p.a. from 27.02.2018  and opposite parties are liable to pay compensation of Rs.25,000/- with litigation expenses of Rs. 5,000/- to the complainant. Hence we pass the following:

ORDER

1. The complaint is allowed in part.
2. Opposite parties are jointly and severally hereby directed refund of Rs. 1,28,000/- with interest at 18% p.a from 27.02.2018 till payment.

3. Opposite parties are jointly and severally hereby directed to pay of Rs. 25,000/- compensation and with litigation expenses of Rs.5,000/- to the complainant in 45 days failing which said sum of Rs. 30,000/- shall carry interest at 12% p.a from the date of this complaint i.e., 15.10.2018 till payment.
4. In case of default to comply this order, the opposite parties to undergo imprisonment and also liable for fine under section 27 of the C.P.Act. 1986.
5. Give the copies of this order to the parties, as per Rules.