BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD : THIRUVANANTHAPURAM

PRESENT

SRI.  P.V. JAYARAJAN                              :           PRESIDENT

SMT. PREETHA G. NAIR                           :           MEMBER

SRI. VIJU  V.R.                                             :           MEMBER

C.C.No. 103/2020 Filed on 11/05/2020

ORDER DATED: 07/11/2022

ORDER

SMT. PREETHA G. NAIR: MEMBER

The complainant and her husband were called by the opposite party to visit the office of opposite party to receive a free travel coupon which was won by the complainant through some contest.  But the complainant was totally unaware of what is really awaiting for them.  For joining the same the complainant haven’t had enough time as the complainant have been informed that the scheme for this rate will only be available for that day.  The opposite party had offered an unfairly one sided scheme which is far from being tailor made/cater to their needs and is ultimately of no use to them.  The complainant wish to withdraw from the club and vaction membership scheme offered by opposite party due to the defects on the scheme which is very much against the genuine interest of the customers. 

To get the benefit of the scheme they have to stay at opposite party’s properties/hostels for 7 days per year.  The free coupons provided to the events are conducted in complainant’s city.  The complainant have to choose the tourist places where the opposite party is located.  The offers of using the health clubs/Fitness Centers and party halls can only by availed by the customers who stay near to the property.

Total amount to be remitted for the scheme is Rs.1,52,500/-.  The total holidays that can be availed are 35 days over 5 years.  Hence the total amount for staying per day is Rs.4,357/- which is very premium compared to the prevailing rates more over it is stated by the opposite party that the scheme is valid for 99 years for which no valid documents has been given to the complainant.  The copy of the document signed on that day of initial payment has not received till date.  The complainant had not availed any of the benefits, tours or services offered by opposite party.  The act of the opposite party amounts to deficiency in service.  Hence the complaint.

After accepting the notice the opposite party was absent and opposite party set ex parte.  Complainant filed proof affidavit and documents were marked as  Exts.P1 to P8.

Issues to be considered are:-

1. Whether there is any deficiency in service on the part of the opposite party?
2. If so, what is the cost and relief?

Issues No.1&2:-  We perused relevant documents on records.  Ext.P1 is the copy of online receipt for an amount of Rs.30,000/-.  Ext.P2 is the copy of letter received by the complainant issued by the opposite party which shows the ownership in the country club.  Ext.P3 is the copy of holiday voucher showing that validity till 09/05/2020.  Ext.P4 series were the copy of tour club membership cards issued by opposite party.  Ext.P5 is the copy of letter stating that as a country club member the complainant is eligible for the facilities of holidays.  Ext.P6 is the letter sent by the complainant to opposite party.  Ext.P7 & P8 is the copy of postal receipt and acknowledgment card.  On the available evidence it can be seen that the complainant had entered in to agreement with the opposite party and paid Rs.30,000/- as the initial payment.  The facilities offered by the opposite party is not acceptable by the complainant and her husband.  The opposite party has not produced any evidence to disprove the case of complainant.  Bill for payment is not given by the opposite party. 

In the result complaint allowed.  We direct the opposite party to refund Rs.30,000/- (Rupees Thirty Thousand Only) to the complainant and pay Rs.10,000/- (Rupees Ten Thousand Only) as compensation for mental agony and pay Rs.2,500/- (Rupees Two Thousand Five Hundred only) as cost of the proceedings to the complainant within one month from the date of receipt of this order, failing which the amount except cost shall carry 9% interest from the date of order till the date of payment/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 Court, this the 07^th day of November,  2022.

R

C.C. No. 103/2020

APPENDIX

1. COMPLAINANT’S WITNESS:

2. COMPLAINANT’S DOCUMENTS:

3. OPPOSITE PARTY’S WITNESS:

4. OPPOSITE PARTY’S DOCUMENTS:

                                                                                                                                                            Sd/-

PRESIDENT