Tamil Nadu

South Chennai

CC/378/2013

K.K.Ananthanarayanan - Complainant(s)

Versus

Country Vacations - Opp.Party(s)

G.Abraham Prabhu

14 Feb 2018

ORDER

                                                                                                                           Date of Filing  : 27.11.2013

                                                                          Date of Order : 14.02.2018

DISTRICT CONSUMER DISPTUES REDRESSAL FORUM, CHENNA (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

           DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II                                                          

CC. NO.378 /2013

WEDNESDAY THE 14^TH DAY OF FEBRUARY 2018

                                              

1. Mr. K.K.Ananthanarayanan,

S/o. K.A. Krishnan,

 

2. Mrs. Chandra A. Narayanan (Senior Citizen),

W/o. Mr.K.K.Ananthanarayanan

Both are residing at

No.5, Majestic Gardens,

48, Arcot Road,

Saligramam, Chennai.                                              .. Complainants

 

                                      ..Vs..

1. Country Club India,

Rep. by its Managing Director,

Country Club Kool,

NO.6-3-1219/A-2^nd Floor,

Begumpet,

Hyderabad 500 016.

Andhra Pradesh.

 

2. The Country Vacations,

A Division of Country Club (I) Ltd.,

Rep. by its Authorised Representative,

No. 6-3-1219/A-2^nd Floor,

Begumpet,

Hyderabad 500 016.

Andhra Pradesh.

3. The country vacations,

A Division of Country Club (I) Ltd.,

Rep. by its Authorized Representative,

NO.11,2^nd Floor,

Sri Vallabha Towers,

Park Circle College Road,

Nungambakkam,

Chennai 600 006.

Tamil Nadu.

 

4. The Country Vacations,

A Division of Country Club (I) Ltd.,

Rep. by its Authorized Representative,

Ashok Beach, Kovalam P.O.,

Trivandrum 695 527

Kerela State.                                                  ..  Opposite parties.

 

 

Counsel for complainant         :  M/s. G.Abraham Prabhu & another     

Counsel for opposite parties  :  M/s. V.T.Narendiran & another

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 direction to pay a sum of Rs.1,65,000/- paid towards the membership and to pay sum of Rs.15,00,000/- towards compensation for mental agony and to pay cost of the complaint.

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

          The complainants submit thatthethey are senior citizens approached by the 2^nd opposite party personnel about the opposite parties Country Clubs facilities extended for recreation and entertainment.   The complainants attracted by the sweet words of the opposite party attended the meeting held on 6.12.2012 at T.Nagar by the opposite party and paid a sum of Rs.1,40,000/- towards vacation membership card.  While the complainants availing the member ship card the opposite party assured that the club will provide 6 days / 7 nights for a period of 30 years at say at any hotel /resort in India or other Asian countries for Rs.700/- per day or less and $125 per week in international locations, free of cost accommodation/Gym/health club / etc. a red season category  to complete complementary stay at opposite parties own properties in India/Dubai/Srilanka/Bangkok for 6 days / 7 nights and one way Air fare also will be borne by the complainants with insurance for a sum for Rs.6 lakhs and also option of transferring their vacation period in favour of their friends / relatives etc.  The complainant also paid a sum of Rs.1,40,000/-. But the opposite party provided only blue card having less facilities.  The opposite parties to give red season member card also.   On 1^st February 2013  the complainants booked their first complementary vacation to Kovalam from 24.4.2013 to 30.4.2013.  But the opposite parties provided such vacation as the 1^st year regular vacation under the Club Membership card not under red season category card or even blue season category card.  The service rendered by the opposite parties while staying also not satisfactory.  Further the complainants is that while staying at 4^th opposite party hotel at Kovalam the complainant suffered such inconvenience  at the hands of the 2^nd opposite party and the 4^th opposite party personnel convinced, the complainants to pay a sum of Rs.25,000/- in order to upgrade their membership and issue new country vacation card with Red season category and issued a DAE International card, etc.  the opposite parties persuaded the complainants to sign an agreement fulfilled.   Even after lapse of 7 months from the payment of Rs.25,000/- the complainant have not received any receipt or provide the red season card and the permanent DAE Card.   Thereafter the opposite parties promised to refund a sum of RS.25,000/- on 12.9.2013 but till date no amount failed to refund.     As such the act of the opposite parties  amounts to deficiency in service which caused mental agony and hardship to the complainant.   

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

•  

3.     In order to prove the averments of the complaint, the complainants has filed proof affidavit as their evidence and documents Ex.A1 to Ex.A19 marked.  Proof affidavit of the opposite parties filed and no documents marked on the side of the  opposite parties.

 

4.      The points for consideration is :

1. Whether the complainant is entitled to get refund of a sum of Rs.1,65,000/- paid towards membership with interest at the rate of 24% p.a. as prayed for ?

 

2. Whether the complainant is entitled to a sum of Rs.15,00,000/- towards compensation for mental agony with cost as prayed for ?

 

5.  

 

          Heard both sides.Perused the records (viz) complaint, written version, proof affidavits and documents.The complainants are the senior citizens approached by the 2^nd opposite party personnel about the opposite parties Country Club’s facilities extended for recreation and entertainment.Further the contention of the complainants is that attracted by the sweet words of the opposite party attended the meeting held on 6.12.2012 at T.Nagar conducted by the opposite party and paid a sum of Rs.1,40,000/- towards vacation membership card.While the complainants availing the member ship card the opposite party assured that the club will provide every year 6 days / 7 nights for 30 years at say at any hotel /resort in India or other Asian countries for Rs.700/- per day or less and $125 per week in international locations, free of cost accommodation/Gym/health club / etc. a red season categoryto complete complementary stay at opposite parties own properties in India/Dubai/Srilanka/Bangkok for 6 days / 7 nights and one way Air fare also will be borne by the complainants with insurance for a sum assured for Rs.6 lakhs and also option of transferring their vacation period in favour of their friends / relatives etc.The complainant also paid a sum of Rs.1,40,000/- as per Ex.A4.But the opposite party provided only blue card having less facilities instead of red season member card. The opposite parties also obtained the signatures in the agreement Ex.A2 without permitting to go in such hurry manner establishes deficiency in service. Further the complainant contented that on 1^st February 2013the complainants booked their first complementary vacation to Kovalam from 24.4.2013 to 30.4.2013.But the opposite parties provided such vacation facility as the 1^st year regular vacation under the Club Membership card not under red season category card or even blue season category card.The service rendered by the opposite parties while staying also not satisfactory.While staying at 4^th opposite party hotel at Kovalam the complainant suffered such inconvenienceat the hands of the 2^nd opposite party and the 4^th opposite party personnel convinced, the complainants to pay a sum of Rs.25,000/- in order to upgrade their membership and issue new country vacation card with Red season category and issue a DAE International card, etc.the opposite parties persuaded the complainants to sign an agreement also.Even after lapse of 7 months from the payment of Rs.25,000/- the complainant has not received any receipt or provided with the red season card and the permanent DAE Card.After several deliberations and email transactions as per Ex.A18 the opposite parties promised to refund a sum of RS.25,000/- on 12.9.2013 but till date no amount refunded proves the unfair trade practice. Hence the complainants was constrained to file this case.

 

6.  
7.  
8. the facts and circumstances of the case this forum is of the considered view that  opposite parties 1 to 4 are jointly and severally  liable to refund  the membership amount of Rs.1,65,000/- with interest at the rate of 9% p.a. from the date of complaint i.e. 27.11.2013 to till the date of this order i.e. 14.2.2018 and also shall compensation of Rs.15,000/- for mental agony with cost of Rs.5,000/- and the points are answered accordingly.   

 

In the result the complaint is allowedin part.The opposite parties 1 to 4 are jointly and severally  liable to refund  the membership amount of Rs.1,65,000/- (Rupees One lakh and sixty five thousand only) with interest at the rate of 9% p.a. from the date of complaint i.e. 27.11.2013 to till the date of this order i.e. 14.2.2018 and also shall compensation of Rs.15,000/- (Rupees Fifteen thousand only) for mental agony with cost of Rs.5,000/- (Rupees Five thousand only) to the complainants. 

The above  amounts shall be payable within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a to till the date of payment.

Dictated  by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 14^th day of February 2018. 

MEMBER –I                       MEMBER-II                              PRESIDNET.

COMPLAINANT SIDE DOCUMENTS:

Ex.A1- 6.12.2012 - Copy of letter issued by the 3^rd opp. party.

Ex.A2- 6.12.2012 - Copy of purchase agreement.

Ex.A3- 6.12.2012 - Copy of Gift voucher.

Ex.A4- 7.12.2012 - Copy of payment receipts.

Ex.A5- 6.1.2013  - Copy of offer letter.

Ex.A6-           - Copy of Blue season club card.

Ex.A7- 23.1.2013 – Copy of email correspondences

Ex.A8- 1.2.2013  – Copy of email correspondences

Ex.A9- 1.2.2013  - Copy of email correspondents

Ex.A10-      - Copy of visiting card

Ex.A11- 26.4.2013- Copy of work sheet

Ex.A12- 26.4.2013- Copy of letter given by the complainants.

Ex.A13- 26.4.2013- Copy of account statement of 1^st complainant.

Ex.A14- 26.4.2013- Copy of purchase agreement.

Ex.A15- 26.4.2013- Copy of letter given the opposite parties.

Ex.A16- 30.4.2013- Copy of Gift voucher.

Ex.A17- 22.7.2013- Copy of DAE card along with courties courier receipt.

Ex.A18- 12.9.2013- Copy of emails correspondence.

Ex.A19- 18.10.2013- Copy of legal notice. 

 

OPPOSITE  PARTIES SIDE DOCUMENTS:  ..Nil..

 

MEMBER –I                       MEMBER-II                              PRESIDNET.