IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 28th day of December, 2022
Present: Sri. Manulal V.S. President
Sri. K.M. Anto, Member
C C No. 110/2022 (filed on 23-05-2022)
Petitioner : Sreeraj N. Kaimal
S/o. Narayana Kaimal.
Residing at Lavanya (H),
Kuzhimattom P.O.
Panachikkad village,
Kottayam – 686533
Rep. by Lathika Devi,
W/o. narayana Kaimal
Residing at Lavanya (H),
Kuzhimattom P.O.
Panachikkad village,
Kottayam – 686533
(Adv. M. Nikhildev)
Vs.
Opposite Party : The MD & CEO,
Country Club Hospitality &
Holidays Ltd.
6-3-1219/A, 4th & 5th Floor,
Begumpet, Hyderabad,
Thelangana-500016
O R D E R
Sri. Manulal V.S. President
The case of the complainant is as follows:
The complainant took a membership with the opposite party on 15-2-2018 and paid Rs.3250 QAR. The membership number of the complainant is CVDO75KL5L4421 and his membership is classified as KOOL LIFE-5 yrs 6 N7D SR U12. The opposite party also guaranteed the complainant that they have affiliated with other organizations and institutions and being a member of the opposite party, the complainant can avail Golden Ocean Hotel (Gym and Swimming pool), A1 Aman Gym, Arts and craft Classes at Doha and other regular discounts at different restaurants affiliated with the opposite party notwithstanding the facilities agreed in the agreement.
On 7-9-2018, the complainant paid Rs.11,500/- towards the balance amount of membership. The opposite party also agreed to upgrade the membership to 10 years from 5 years on receipt of the said amount. Thereafter the complainant paid an amount of 2500 QAR towards the annual maintenance charges for 5 years. A total amount to the tune of Rs.3,63,300/- was received by the opposite party from the complainant. Due to the Covid 19 pandemic, the complainant and other members of the opposite party could not avail a single facility and amenities offered by the opposite party. Opposite party agreed the membership facilities will be revived and reactivated once the restriction imposed on account of the Covid pandemic is lifted.
When the restrictions imposed an account of Covid 19 pandemic were lifted the complainant arrived at Al Aman gym for availing of the membership benefits and facilities, it was understood that the opposite party left Qatar and stalled all their operations in Qatar. The opposite party turned a deaf and defiant ear to demand of the complainant to refund the membership fees. Instead of providing services the opposite party demanded 4000 QAR aproximately Rs.84,0000/- from the complainant which amounts to an unfair trade practice.
According to the complainant, the acts of the opposite party amount to deficiency in rendering service as also indulgence in unfair trade practice. Hence this complaint is filed by the complainant praying for an order to direct the opposite party to pay Rs.3,63,000/- with 12% from 8-12-2021 along with a compensation of Rs.50,000/-.
Though the notice was served to the opposite party, the opposite party did not care to appear before the commission and file the version. Hence opposite party is declared as ex-party.
The authorized agent of the complainant filed proof affidavit in lieu of chief examination and marked exhibits A1 to A5.
On the evaluation of the complaint version and evidence on record, we would like to consider the following points.
- Whether there is any deficiency in service or unfair trade practice on the part of the opposite parties?
2. If so what are the reliefs and costs?
Point number 1 and 2
The complainant took a membership with the opposite party on 15-2-2018 and paid Rs.3250 QAR. Exhibit A2 is the receipt issued by the opposite party in the name of the complainant. Ongoing through Exhibit A2 it can be seen that the opposite party confirms the membership of the complainant vide membership no. CVDO75KL5L4421 and offered to Kool Life -5 years. The facilities offered were 6 nights and 7 days, for 5 years from the date of enrollment, and a studio type room. It is further stated in Exhibit A2 that the complainant has to pay 11250 the
balance amount within 45 days from the date of enrollment. There was an annual maintenance charge of 800 QAR irrespective of usage. It is proved by Exhibit A4 that the complaint had paid 11500 QAR on 9-7-2018 as the balance amount of the membership fee. The complainant had paid 2500 QAR towards the annual maintenance charge for the period 2018-2023 vide exhibit A5. Therefore it proved by exhibA2 to A5 that the complainant had paid a total amount of 17,250 QAR which is equivalent to Rs. 3,63,300/-.
The specific case of the complainant is that though the opposite party guaranteed the complainant that they have affiliated with other organizations and institutions and being a member of the opposite party, the complainant can avail Golden Ocean Hotel (Gym and Swimming pool), A1 Aman Gym, Arts and craft Classes at Doha and other regular discounts at different restaurants affiliated with the opposite party notwithstanding the facilities agreed in the agreement, when she approached the Al Aman gym after the lifting of restrictions due to covid pandemic it was understood that the opposite party had left Qatar. It is further averred in the complaint as well as in the proof affidavit that the request for refund of the money collected was not honored by the opposite party. Despite the receipt of the notice opposite neither cared to appear before the commission nor to contest their case by filing version.
There is no contrary evidence before us to disbelieve the case of the complainant. In the absence of any contrary evidence, we are of the opinion that the opposite party has committed deficiency in service by not providing the services and facilities to the complainant which were agreed by the opposite party to the complainant at the time of taking membership, and the fees for the same. Thus we allow the complaint and pass the following order.
- We hereby direct the opposite party to pay Rs.3,63,300/- to the complainant with 9% interest from 19-9-2022 the date on which this complaint is filed till the date of realization.
- We hereby direct the opposite party to Rs.25,000/- as compensation to the complainant for the mental agony and loss caused to the complainant due to the deficiency in service on the part of the opposite party.
The order shall be complied with within 30 days from the date of receipt failing which the compensation amount shall carry 9% from the date of this order till realization.
Pronounced in the Open Commission on this the 28th day of December, 2022
Sri. Manulal V.S. President Sd/-
Sri. K.M. Anto, Member Sd/-
Appendix
Exhibits marked from the side of complainant
A1- Autherisation letter
A2 – Copy of membership certificate
A3 – Membership certificate
A4 –Membership certificate
A5- E-mail communication dtd.08-04-19
Exhibits marked from the side of opposite party
Nil
By Order
Sd/-
Assistant Registrar
