BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. P. SUDHIR : PRESIDENT
SMT. PREETHA G. NAIR : MEMBER
C.C. No. 43/2019 Filed on 18.02.2019
ORDER DATED: 27.09.2019
Complainant:
S. Muraleedharan, T.C 36/288(1), Manava Nagar-36, Palkulangara, Thiruvananthapuram-695 024.
(Party in person)
Opposite party:
Country Vacations, 4C, 4th Floor, Capital Centre, Opp: Secretariat, M.G. Road, Thiruvananthapuram-695 001.
This case having been heard on 18.07.2019, the Forum on 27.09.2019 delivered the following:
ORDER
SRI. P. SUDHIR: PRESIDENT
Complainant’s case is that complainant had taken membership of opposite party on 15.07.2018 and paid membership fee of Rs. 56,000/- out of which Rs. 46,000/- was paid by way of cheque dated 31.08.2018, Rs. 5,000/- by cash and Rs. 5,000/- by credit card payment. On the next day complainant approached the opposite party and withdrew his membership and opposite party returned the cheque of Rs. 46,000/- to the complainant on 16.07.2018. Till date the balance of Rs. 10,000/- not paid and hence complainant approached this Forum for redressal.
Notice sent to opposite party and opposite party not turned up and set ex-parte.
Issues:
- Whether there is deficiency of service or unfair trade practice on the part of opposite party?
- Whether the complainant is entitled for the reliefs sought for?
Issues (i) & (ii):- Complainant filed chief examination affidavit and Exts. P1 to P3 marked. Since there is no contra evidence to look into, we have no other option but to proceed with the evidence in hand. We are of the opinion that there is deficiency in service and unfair trade practice on the part of opposite party and opposite party is directed to pay Rs. 10,000/- to the complainant.
In the result, the complaint is allowed and opposite party is directed to pay Rs. 10,000/- to the complainant within one month from the date of receipt of this order failing which Rs. 10,000/- carries interest @ 6% per annum from the date of default till realization.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 27th day of September 2019.
Sd/-
P.SUDHIR : PRESIDENT
Sd/-
PREETHA G. NAIR : MEMBER
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C.C. No. 43/2019
APPENDIX
I COMPLAINANT’S WITNESS:
NIL
II COMPLAINANT’S DOCUMENTS:
P1 - Copy of receipt dated 15.07.2018
P2 - Copy of online receipt dated 15.07.2018
P3 - Holiday voucher
III OPPOSITE PARTY’S WITNESS:
NIL
IV OPPOSITE PARTY’S DOCUMENTS:
NIL
Sd/-
PRESIDENT
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