BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, ERNAKULAM.
Dated this the 31st day of December 2013
Filed on : 12/08/2013
PRESENT:
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. Beena Kumari V.K. Member.
CC.No.571/2013
Between
1. Benny M. Varghese, : Complainants
S/o. Varghese, (party-in-person)
Mekkattuparambil house,
CCRA 16-CC Road, Padamugal,
Kakkanad P.O., Kochi-682 030.
2. Philomina Jacob,
W/o. Benny M. Varghese,
Mekkattuprambill house,
CCRA 16-CC Road, Padamugal,
Kakkanad P.O., Kochi-682 030.
Vs
Country Vacations International, : Opposite party
Holyday Club, (absent)
rep. by its Branch Manager,
MKV building, M.G. Road,
Near Shenoy’s Junction,
Ernakulam, Kochi-682 035.
O R D E R
Beena Kumari V.K., Member.
The facts of the case are as follows:
The complainants are husband and wife. On 26-04-2010 they attended an interactive session held by the opposite party at their office. The complainant took the country vacation club membership from the opposite party. The attractive offers of the membership are the club
membership validity for 99 years, 5 years vacation tour package and a gift holiday trip to limited locations to members of the club on spot payment of Rs. 5,000/- and the balance amount Rs. 23,000/- payment before 30-04-2010. The opposite party also informed the complainants that a star multiplex club project would be launched within 2 years at Maradu junction and the complainants being members of the CV club can avail all facilities of the star multiplex club also, that the total package price of the membership card was Rs.70,000/-. Attracted by the above offers the complainants joined the country vacation International holiday club on the same day and paid Rs. 5,000/- on 26-04-2010 and Rs. 23,000/- on 29-04-2010 through ICICI bank credit card. The complainants also paid Rs. 4,000/- towards service charges. The opposite party promised to send the club membership card to the residential address of the complainants within a week time from the Head office at Hyderabad. On 03-05-2010 the opposite party issued a one holiday gift voucher to the complainant and on getting the application from the complainants, the opposite party booked a one day holiday trip to Hyderabad. But two days before the date fixed for one day holiday trip, the opposite party informed the complainants that the above booking was cancelled due to the irresponsibility of one of the opposite party’s staff and the opposite party offered another holiday trip to any destination in India at the choice of the complainants. Accordingly the complainants went to Bandipur club Resort of the opposite party in April 2011 and the Senior Manager Shri. Johnson Mathews of the Bandipur club informed that the gift holiday trip was actually a paid holiday trip and accordingly the complainants paid Rs. 38,000/- at Bandipur club office. Sri. Johnson Mathews promised that the relevant receipts will be issued from the Hyderabad office on getting the receipt from Cochin office in respect of
payment of Rs. 28,000/- effected in Cochin office. After the holiday on reaching home, the 1st complainant sent the Xerox copies of the said receipt to Bangalore office on 26-04-2011. Thereafter the complainants received the receipt for credit card payment of Rs. 30,000/- effected at Bandipur. But the receipt for the cash payment of Rs. 8,000/- effected at Bandipur office was not yet received by the complainants. The country vacation club membership cards were also not received by the complainants. The complainants sent several e-mails and requests for the receipt and country vacation cards but in vain. Therefore the complainants transferred their membership from Bangalore to Kochi so as to enable them to make personal contacts to sort out things. Despite all efforts of the complainants, the opposite party neither issued the country vacation club membership cards nor conducted any holiday trip. In the circumstances, the complainants filed this complaint seeking direction of this Forum to the opposite party to refund Rs. 66,000/- paid by the complainants in instalments along with interest the rate of 18% with effect from 02- 07- 2012, the date of filing earlier complaint till realization. The complainants also prayed for compensation of Rs. 1,00,000/- for the harassment and mental agony suffered Rs. 50,000/- towards loss incurred on cancellation of the confirmed Hyderabad Holiday trip, Rs. 60,000/- towards loss incurred on non-availance of the club membership and costs of the proceedings.
2. The notice sent to the opposite party returned ‘unclaimed’. The documentary evidence filed by the complainants are marked as Exts. A1 to A12. No oral or documentary evidence adduced by the opposite party. Heard the counsel for the complainants.
3. The main points to be decided in this case are,
i. Whether the complainants are entitled to refund of Rs. 66,000/-paid
to the opposite party?
ii. Whether the complainants are entitled to get Rs. 1,00,000/-
towards compensation for the mental agony and harassment
suffered?
iii. Whether the complainants are entitled to Rs. 50,000/- towards
loss incurred on cancellation of Hyderabad Holiday trip and costs
of proceedings and Rs.60,000/- for not getting the membership
card of the club?
4. Point No. i. The complainants and the opposite party executed Ext. A1 agreement agreeing to purchase 100 points Right in the country vacations International Holiday club (A Division of Country club (I) Ltd) for a vacation period of 5 years from 2010 to 2014 for a total purchase price of Rs. 70,000/- payable in 12 equal instalments and to pay Rs. 4,000/- to the opposite party towards annual administrative charges. The opposite party agreed to provide the facilities including accommodation at any of the country vacations International Holiday resorts/clubs or country vacation alliance properties. The complainants on 29-04-2010 paid Rs. 23,000/- to the opposite party through ICICI Bank credit card in addition to the initial payment of Rs. 5,000/- as evidenced by Ext. A2 issued by the opposite
party. The opposite party issued Ext. A3 receipt dated 30-04-2010in token of receipt of Rs.23,000/- Subsequently on 16-04-2011, the complainants executed an agreement with the opposite party at Cochin office for the purchase of the membership of the country vacations International Holiday Club. Accordingly the complainants paid Rs. 66,000/- in total. But the opposite party failed to comply with the terms and conditions of the agreement. The opposite party failed to provide any of the amenities of the club as agreed between the complainants and the opposite party. This amounts to deficiency of service on the part of the opposite party. Therefore we find that the complainants are entitled tor refund of Rs. 66,000/- with interest @ 12% p.a. from the respective date of payments shown below.
Amount paid Date of payment
28,000 29-04-2010
38,000 16-04-2011
5. Point No. ii. The complainants sought for an order of this Forum to direct the opposite party to pay compensation of Rs. 1,00,000/- for the mental agony suffered. Considering the facts and circumstances of the case we find that the complainants are entitled to get compensation. We find that an amount of Rs. 10,000/- is sufficient to cover the mental agony and other inconveniences caused by the defiant attitude of the opposite party.
6. Point No. iii. The complainants claimed Rs. 50,000/- towards loss incurred on cancellation Hyderabad Holiday trip and costs of proceedings. We are not inclined to grant any amount towards the loss incurred in the
absence of necessary evidences to prove the same. However an amount of Rs. 1,000/- is allowed to the complainants towards costs of proceedings. The claim of the complainant for Rs. 60,000/- also is not allowed in the absence of any evidence to; show any loss in view of the non-issuance of Membership card.
7. In the result, the complaint is partly allowed and the following
orders are issued:
i. We direct that the opposite party shall pay Rs. 66,000/- with
interest at 12% p.a. from the date of payment of Rs. 28,000/- on
29-04-2010 and Rs. 38,000/- on 16-04-2011 till realization.
ii. the opposite party shall pay Rs. 10,000/- towards compensation for
the mental agony and other inconveniences suffered by the
complainants.
iii. the opposite party shall also pay to the complainants an amount of
Rs. 1,000/- towards costs of proceedings.
The above order shall be complied with within 30 days from the date of receipt of a copy of this order, failing which, the above amounts would carry 12% interest p.a.
Pronounced in the open Forum on this the 31st day of December 2013
Sd/-
Beena Kumari V.K., Member.
Sd/- A. Rajesh, President.
Sd/-
Sheen Jose, Member.
Forwarded/By Order,
Senior Superintendent.
Appendix
Complainant’s Exhibits:
Ext. A1 : Purchase agreement
A2 : Copy of receipt dt. 29-04-2010
A3 : Copy of receipt dt. 30-04-2010
A4 : Copy of Holiday Gift Voucher
A5 : Copy of purchase agreement
dt. 16-04-2011
A6 : Copy of G-mail dt. 26-04-2011
A7 : Copy of receipt dt. 30-04-2011
A8 : Copy of e-mail communications.
A9 : Copy of letter dt. 19-04-2012
A10 : Copy of G-mail dt. 10-08-2012
A11 : Copy of order of CDRF,
dt.31-05-2013
A12 : “ “ dt.31-05-2013
Opposite party’s Exhibits: : Nil
