BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023
CONSUMER COMPLAINT NO.239/2018
DATED ON THIS THE 10th December 2019
Present : 1) Sri. C.V Maragoor B.Com., L.L.M.,-PRESIDENT 2) Sri. Devakumar.M.C B.E., L.L.B., PGDCLP –MEMBER Complainant/s : Opposite party/s : | 1.Dr.Sripathi Adhikari S/o Late K.V. Adhikari. 2.Navyata Adhikari W/o Dr. Sripathi Adhikari, Both are R/at No. 1613, Vishwamanava A Cross, E and F Block, Ramakrishnagar, Mysuru-570022. (Sri.K.S. Rajesh Babu., Adv) V/s 1.Country Vacations, (A Division of Country Club (I) (Ltd)., CH-19. PDR Atrium, 2nd Floor, Jayalaxmi Vilas Road, Chamarapuarm, Mysuru-570005, Rep by its Branch Head. 2. The country Club, 6-3-1219, Begumpet, Hyderabad-500016. Rep. by its Managing Director. ( Sri.Preethan M.R., Adv)) |
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Nature of Complaint | Deficiency in Service |
Date of filing of complaint | 13.07.2018 |
Date of issue notice | 16.08.2018 |
Date of order | 10.12.2019 |
Duration of Proceeding | 1 YEAR 4 MONTHS 27 DAYS |
Sri. M.C. Devakumar,
Member
The complainants have filed the complaint Under Section 12 of the Consumer Protection Act, 1986 against the opposite parties alleging deficiency in service and unfair trade practice and seeking a direction to refund the membership fee of Rs. 1, 40,000/- with interest at 18% p.a from September 2013 till the date of payment and cost of proceedings with such other reliefs.
2. The complainants submit that, they were lured by the offers made by the opposite parties and have entered into an agreement on 25.08.2013 and paid a sum of Rs. 1,40,000/- through HDFC bank cheque. The opposite parties have acknowledged the receipt of the aforesaid amount on 26.08.2013. The opposite parties have issued 04 club membership cards to the complainants including their two sons and have given a holiday gift voucher. Further, the opposite parties have assured that they have facilities in India by themselves and in collaboration with other hotels and resorts.
3. The opposite parties have turned down the request to provide accommodation at New Delhi in January 2014 and at Dubai in October, 2015 and at central London in July, 2017 on specified dates and locations. The opposite parties also threaten them to deny the facilities until the annual maintenance charges (A M C) is paid every year. Aggrieved with the deficiency in service and unfair trade practice by the opposite parties the complainants have demanded for refund of the entire membership fee of Rs. 1,40,000/- but went in vain. The legal notice issued on 09.01.2018 and 04.06.2018 demanding refund of the amount were also neither replied nor complied by the opposite parties as such, suffered mental agony and hardship. Hence the complaint.
4. The opposite parties though represented through counsel but failed to file their version. Complainant no.1 filed his affidavit evidence and relied on nine (9) documents in support of his complaint. The opposite parties not lead their evidence. Perused the material on record and posted for orders.
5. The following points arose for consideration.
- Whether the complainants prove the deficiency in service and unfair trade practice by the opposite parties and thereby they are entitled for the refund of membership fee with such other reliefs?
- What order?
6. Our findings on the aforesaid points is as follows:
Point no.1: Partly in the affirmative
Point No.2: As per final order for the following
Reasons
7. Point No.1:- The complainant had obtained the member ship with opposite parties and entered into an agreement on 25.08.2013 by making payment a sum of Rs. 1,40,000/-. Opposite parties have promised vacation around the world in collaboration with hotels and resorts. The complainant intending to enjoy the vacation at various places sought accommodation and other facilities at New Delhi, Dubai, and London. Unfortunately he could not get any accommodation as promised by the opposite parties. Despite the denial of facilities the opposite parties have demanded payment of annual maintenance charges. Aggrieved with the false assurances the complainants and their family member have suffered mental agony and hard ship as such alleged deficiency in service and unfair trade practice by the opposite parties
8. On perusal of the club membership purchase agreement dated 25.08.2013, there was an agreement between the complainant and opposite parties with terms and conditions. The opposite parties have acknowledged the receipt of Rs. 1,40,000/- through a cheque towards membership fee.
9. Considering the evidence documents and the arguments of learned counsel for complainant and in absence of the defence from the opposite parties it is presumed that the opposite parties have failed in providing the agreed facilities. Hence the Forum opines that the opposite parties have committed deficiency in service and unfair trade practice and also caused mental agony and hard ship to the complaints.
10. In view of the above observation the complainants are entitled for refund of the amount paid to the opposite parties with compensation. Accordingly Point no.1 is answered partly in the affirmative.
11. Point no.2:- In view of the above discussion, the complaint filed by Dr.Sripathi Adhikari deserves to be allowed in part. Hence, we proceed to pass the following:
ORDER
- The complaint is allowed in part.
- The opposite parties are hereby directed to refund a sum of Rs. 1,40,000/- with interest at the rate of 10% p.a from the date of deposit till this date to the complainant in 60 days. In default the opposite parties are liable to pay penalty of Rs. 100/- per day until payment.
- The opposite parties shall pay Rs. 20,000/- towards deficiency in service and unfair trade practice and Rs. 10,000/- towards litigation expenses in 60 days to the complainant. In default the opposite parties shall pay interest at 10% p.a on the said total sum of Rs. 30,000/- until payment made.
- In case of default to comply with this order, the opposite parties to undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
- Furnish the copy of this order to the parties as per Rules.
