Tamil Nadu

South Chennai

CC/27/2014

Jorige Sreenivasa Jagadeesh - Complainant(s)

Versus

Country Vacations, - Opp.Party(s)

Party in person

11 Apr 2018

ORDER

                                                                        Date of Filing  : 10.01.2014

                                                                          Date of Order : 11.04.2018

 

DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai – 3.

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.,                    : PRESIDENT

                 TMT. K. AMALA, M.A. L.L.B.                                :  MEMBER-I

 

C.C. No.27 /2014

WEDNESDAY THE 11TH DAY OF APRIL 2018

                                 

Mr. Jorige Sreenivasa Jagadeesh

C-301, TVH Park Villa,

Vinayaha Nagar,

Thoraipakkam,

Chennai – 600 096.                                                   .. Complainant.                                                    ..Vs..

 

1. The Managing Director,

Country Vacations,

Himayat Nagar,

No.3-6-367/368/369,

3^rd Floor, Skill Spectrum Building,

Liberty ‘X’ Roads,

Himayat Nagar,

Hyderabad – 500 016.

   

2. The Manager,

    Country Vacations,

    The Country Club,

    No.4/22, Ramakrishna Street,

    North Usmaan Road,

    T. Nagar,

    Chennai – 600 017.                                         ..  Opposite parties.

          

For complainant                            :  Party in person

Counsel for Opposite parties       :  M/s. V.T. Narendiran & others

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 seeking refund of the membership fee of Rs.2,62,000/- and to pay a sum of Rs.1,00,000/- towards compensation for mental agony suffered by the complainant with cost Rs.1,000/-.

1. The averments of the complaint in brief are as follows:

            The complainant became a member of the opposite parties on 23.08.2013 by making payment of Rs.2,62,000/- in two installments through his AXIS Bank and ICICI Bank’s Debit Cards and the membership number is CB100#56.  The opposite parties asked the complainant to collect the gifts from their office.  The complainant visited the office of the opposite parties as directed by their executives whereby they took two hours session explaining about their business.    The opposite parties did not allow him to think about their services and pressed him to make the commitment there itself.  The complainant states that he tried to follow up with the opposite parties number of times but each time he was assured that he shall receive the benefits shortly. The complainant submits that he made request to the opposite parties for refunding his amount but he received no response from them in spite of repeated follow ups.  Then the complainant sent a letter dated:02.10.2013 to the opposite parties  but received no response from them.   The act of the opposite parties caused mental agony and hence the complaint.

2.      The brief averments in the written version filed by the opposite parties is as follows:

            The opposite parties specifically denies each and every allegation made in the complaint and puts the complainant to strict proof of the same.   The opposite parties submit that the complaint is not maintainable as it is legally untenable and misconceived for the agreement between the opposite party company was signed by the complainant along with his wife Kameswari Rani and this complaint has been filed only by the complainant without including his wife and hence the same has to be dismissed for non joinder of necessary party.  The complaint is legally not maintainable as the company, the country club of India Ltd. with whom the complainant has entered into an agreement had not been made as a party in the complaint, it is legally misconceived to make the Managing Director and the Manager as a party to the complaint without impleading the company, as legally and statutorily the company is a separate legal entity and hence the complaint has to be dismissed in limini.   The complainant and his wife were only explained the benefits and facilities by the representatives of the company and only after the complainant and his wife were convinced had they entered into an agreement with the company.  All that was promised and agreed between the parties was reduced to an agreement that was signed by the complainant and his wife and the company and there is no other  things over and above which was promised to the complainant. 

The opposite parties submit that as per the agreement signed clearly makes out in agreement that the membership fee is non refundable and the said amount paid by the complainant as membership fee is not a deposit.    The above facts clearly shows the act of the Company does not amount to deficiency of service or unfair trade practice, therefore the question of granting relief of refund along with interest does not arise and also the question of compensation and other relief does not arise.   The opposite parties states that there is no consumer deficiency or consumer dispute and so there is no cause of action for the complaint made by the complainant and hence the complaint is liable to be dismissed.

3.   In order to prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A4 marked.  Proof affidavit of the opposite parties filed and no documents filed and marked on the side of the  opposite parties.

4.      The point for consideration before this Forum is:

1. Whether the complainant is entitled to get refund of Rs.2,62,000/- paid towards membership fee for the deficiency of service committed by the opposite party  as prayed for?

2. Whether the complainant is entitled for a sum of Rs.1,00,000/- towards compensation for mental agony with cost of Rs.1,000/- as prayed for?

5.      On Point:

Heard both sides.  Perused the records namely the complaint, written version, proof affidavits, documents etc.   Admittedly, complainant and his wife joined as a member of the opposite party country vacation and country club and paid a sum of Rs.2,62,000/- towards membership fee.   As per Ex.A1 agreement the said amount is not refundable wherein it is stated that, “THE VACATION CHARGES IS NON-REFUNDABLE UNDER ANY CIRCUMSTANCES and that THE VACATION FEE IS NOT A DEPOSIT”.  The complainant pleaded and contended that country vacation’s staffs and men convinced the complainant and his wife with regard to the business conducted by them.   On hearing the sweet words, the complainant and his wife entered into an agreement, but the agreement is absolutely silent with regard to several benefits, gifts, special treatments etc. undertaken by the staffs and its men. On enquiry, it is found that several members who purchased country vacation membership are greatly struggling due to the malpractices and different kinds of torture.   The opposite party also has not provided the gifts assured to be given to the complainant.  The opposite party practicing unfair trade practice by making phone calls to the complainant informing the gifts from the big bazzar purchase but they never revealed their identity.  Since the complainant is a regular customer of big bazzar believed the words of the opposite party and finally disappointed.  Hence the complainant decided that the service of the opposite parties need not be required and the complainants don’t want to continue the member ship.  Even after repeated representation and request, the opposite party has not refunded the amount.  Hence the complainant is constrained to file this case.  But on a careful perusal of the complaint  and proof affidavit there is no specific allegation to prove either the deficiency in service or the unfair trade practice against the contents in the agreement Ex.A1 which is a concluded contract. 

6.     The learned counsel for the opposite party contended that admittedly the agreement between the opposite party company was accepted and signed by the complainant and his wife Kameshvari Rani.  This complaint is filed only by George Srinivasan Jagathesh.  Kameshwari Rani was not added as party in this case, who is a necessary party.  Further the contention of the opposite party is that Kameshwsari Rani has not raised any allegation against this opposite party in any manner. 

7.     Further the contention of the opposite party is that the very complaint is misconceived on facts and all the allegations related to cheating by sweet words by the complainant are wrong and imaginary.  There is no iota of any evidence in this case to prove the deficiency in service.  Further the contention of the opposite party is that, there is no cause of action in this case.   The alleged cause of action is imaginary and there is no deficiency of service to claim refund of  the member ship amount which is agreed to be non refundable.  Further the contention of the opposite party is that complainant is legally bound by the terms and conditions of the agreement and signed the agreement knowing fully well about the terms and conditions and is legally estopped from claiming refund of member ship fee which is non refundable.  Further the contention of the opposite party is that there are 200 clubs in the city across the country and opposite party is operating 48 resorts.   Without availing any vacation usage under the purview of the terms and conditions of the agreement claiming refund of membership fee which is non refundable cannot be permitted.  Considering the facts and circumstances of the case, this complaint is liable to be dismissed.

        In the result, this complaint is dismissed.  No cost.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 11^th day of April 2018. 

 

MEMBER –I                                                                       PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	23.08.2013	Copy of the Purchase Agreement for Bilionaive Club & Vacations Membership
Ex.A2	10.01.2014	Copy of payment proof from the bank on 23.08.2013
Ex.A3	26.12.2013	Affidavit – Original
Ex.A4	25.08.2013	Copy of letter to the Manager

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  NIL

 

MEMBER –I                                                                       PRESIDENT