Tamil Nadu

South Chennai

CC/366/2013

Dayanandh Raaj. N - Complainant(s)

Versus

K.Ranjith Kumar - Opp.Party(s)

Party in Person

06 Dec 2021

ORDER

                                                                                                                                                                  Date of Complaint Filed: 20.11.2013

                                                                                                                                                                  Date of Reservation: 16.11.2021

                                                                                                                                                                  Date of Order: 06.12.2021

                                                                                                       

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH)

Present:

 

                  Thiru. R.V.R. Deenadayalan, B.A., B.L.                                  : President

                 Thiru. T. Vinodh Kumar, B.A., B.L.                                           : Member

 

CONSUMER COMPLAINT No.366/2013

 

MONDAY, THE 6^th DAY OF DECEMBER 2021

 

Dayanandh Raaj.N,

31, K.V.Apparments, Chakrapani Road,

Guindy, Chennai -600 032.                                                                 .. Complainant.                                                                                    

                                                                                    ..Versus..

 

1.Manager,

   Country Vacations,

   ADivision of Country Club India Limited,

   No.11, 2^nd Floor, Sri Vallabha Towers,

   Park Circle College Road, Nungambakkam,

   Chennai- 600 006.

 

2.Customer Care – Assistant Manager,

   Country Vacations,

   ADivision of Country Club India Limited,

   No.11, 2^nd Floor, Sri Vallabha Towers,

   Park Circle College Road, Nungambakkam,

   Chennai- 600 006.                                                                 ..  Opposite parties.

******

Counsel for the complainant                              : Party in Person.

Counsel for the 2^nd opposite party                    : Mr.V.T. Narendiran, Advocate.

Counsel for the 1^st opposite party                     : Ex-Parte

 

 

            On perusal of both sides’ records and treated the written argument as oral argument we delivered the following:

 

ORDER

2.Pronounced by the President Thiru. R.V.R. Deenadayalan, B.A., B.L.

            The complainant has filed this complaint under section 12 of the Consumer Protection Act, 1986 for seeking direction to refund the entire amount paid by the complainant to the opposite parties and to pay a sum of Rs.50,000/- towards compensation for mental agony caused to the complainant due to the deficiency in service on the part of their opposite parties.

3. The complainant submitted proof affidavit as his evidence and documents Ex.A1 to Ex.A12 were marked. Though the complainant filed proof affidavit as his evidence but not filed written argument and also not adduced oral argument on his side.  The 2^nd opposite party filed proof affidavit as his evidence but no documents filed. The 2^nd opposite party filed written argument but not adduced oral argument on his side. Hence written argument treated as oral argument of the 2^nd opposite party. While so, sufficient opportunity given by this commission to the 1^st opposite party but he did not turn up before commission to file written version and therefore the 1^st opposite party was set ex-parte.

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

The opposite party is the Country Club India Limited.  The opposite parties are made continuous calls to the complainant for collecting free gift in the office at Nungambakkam.  The complainant and his wife went to the opposite party’s office at Nungambakkam and persons of the opposite party explained the membership details for more than one hour and they also assured to offer food Coupon, Welcome Kit and Travel Insurance of 3 lakhs to the persons who signed the agreement on the day itself. The complainant also paid Rs.68,000/- to his SBI credit card on 03.01.2013 and they obtained signature in the agreement but they have not provide the above said offer.

            5. The next day on 04.01.2013 the complainant went through the agreement and finds that he was cheated by the opposite parties and hence immediately the complainant approached one Karthick Arumugam who is Manager of Country Club India Limited and Ranjith Kumar who is the Customer Care-Assistant Manager handed over the hand written cancellation letter but they have not cancelled and refused to refund the amount which was paid by the complainant.  For the amount paid, the complainant has received original membership card in the month of February 2013.  Even after several demands the opposite parties failed to provide offer which was promised by the opposite parties.  In the month of October the complainant received a card from the customer care and demanded for payment of Rs.6000/- for AMC.  Hence this complaint is filed.

6. Witten Version of 2^nd Opposite Party in brief:-

 

            The opposite party is a public limited company and registered under the provision of Companies Act 1956, apart from other business is also engaged in the business of Vacation and Holidays Resorts. There is no agreement in between the complainant and the opposite party to provide food coupon, Welcome Kit and Travel Insurance.  The opposite party is unable to provide food coupon, Welcome Kit and Travel Insurance because of the attitude of the complainant and in fact to accommodate and agreed to process to travel insurance, but the complainant has complicated the same.  There is no allegation in respect of deficiency in service on the part of the opposite parties and requested to dismiss this complaint.

7.The points for consideration are:-

1) Whether there is any deficiency in service on the part of the opposite parties?

2) Whether the complainant is entitled to get reliefs as claimed in the complaint?

3) To what relief, the complainant is entitled?

8. Point No.1:-

 

The opposite parties provide holiday’s package for 2nights 3days or 6 nights 7days by Country Club India Limited in India and Srilanka for memberships.  For that the opposite parties have made elaborate advertisement and also pulling the customers by saying to give offer.  On believing of the falsely advertisement and also on believing the words of the opposite parties representative the complainant approached the opposite parties to join the tour holidays package.  At the time of introducing, the opposite parties customer care representatives mesmerise the complainant and make him to register a membership. 

            9. The complainant and his wife approached the opposite party on 03.01.2013 and after one hour preaching the complainant also fell into the trap of the opposite parties and make sign in the agreement on payment of Rs.68,000/- but the opposite parties have failed to provide the assured free food coupon for Rs.2000/-, Welcome Kit and Travel Insurance worth Rs.3 lakhs. The next day itself the complainant found that the opposite party was cheated and hence the complainant gave a cancellation letter and also requested to refund of his money.  

10. Even after repeated demands and an email on 01.05.2013, instead of processing for cancellation of the agreement, the opposite party sent the membership card to the complainant but the offer was not provided as assured by them.  In the written version filed by the 2^nd opposite party it is categorically admitted in, Page 4 Para No.13 as follows:- “because of attitude of the complainant they are unable to provide food coupons, travel insurance etc.,  in fact to accommodate him they had also agreed to process travel insurance, but the complainant has complicated the same by rushing to the court and is blowing hot and cold and the opposite party are willing to provide the above and in fact had also written to him regarding the same”.  The above admission would reveals that the opposite party categorically admitted that they have offered food coupon for Rs.2000/-, Welcome Kit and travel insurance worth of Rs.3 lakhs and also voluntarily admitted that the above offer was not given to the complainant.  Though a notice was sent by this commission and sufficient opportunity given by this commission to the 1^st opposite party, he did not turn up before commission to rebut the same and he was set ex-parte. The above attitude of the 1^st opposite party is nothing but deficiency in service but also it amount to unfair trade practice. Therefore we found that the opposite parties are committed unfair trade practice as against the complainant.  Accordingly point No.1 is answered.

11.Point Nos.2 & 3:-

 

            We have discussed and decided that the opposite parties have committed unfair trade practice.  Hence the complainant is entitled a sum of Rs.50,000/- towards unfair trade practice to the complainant and also a sum of Rs.25,000/- towards compensation for mental agony caused to the complainant apart from that a sum of Rs.5000/- towards litigation expenses.  Accordingly Point Nos.2&3 are answered.

            In the result, this complaint is allowed in part.  The 1^st and 2^nd opposite parties are directed to pay a sum of Rs.50,000/- (Rupees fifty thousand only) towards their unfair trade practice and to pay a sum of Rs.25,000/- (Rupees twenty five thousand only) towards compensation for mental agony caused to the complainant apart from that a sum of Rs.5,000/- (Rupees five thousand only) towards litigation expenses. The 1^st and 2^nd opposite parties are jointly and severally liable to pay the above accrued amount within three months from the date of this order, failing which the complainant is entitled to recover the same along with interest at the rate of 9% per annum till the date of realization.

Dictated to Steno-Typist, transcribed and typed by him, corrected and pronounced by us in the Open Commission, on this  the  06^th  day of December  2021.

 

       VINODH KUMAR                                                           R.V.R.DEENADAYALAN                                                                                       

    MEMBER                                                                             PRESIDENT

List of document filed by the complainant:-

 

Ex.A1	03.01.2013	Signed the country club membership document.	Xerox
Ex.A2	03.01.2013	Receipt for Rs.68,000/-.	Xerox
Ex.A3	03.01.2013	Received the mail from membership fee receipt for Rs.68000/-	Xerox
Ex.A4	05.01.2013	Received scanned copy of the membership cancellation letter	Xerox
Ex.A5	04.01.2013	Hand written membership cancellation letter.	Xerox
Ex.A6	09.01.2013	Received mail from the customer care to the complainant.	Xerox
Ex.A7	11.02.2013	About the information of the membership card issue details.	Xerox
Ex.A8	09.04.2013	Follow up mail after 3 month to get the 1) food coupons, 2) Welcome Kit-Travel guide 3) Travel Insurance as promised while signing the agreement.	Xerox
Ex.A9	02.05.2013	Follow up mail after 4 months to get the 1)food coupons, 2)Welcome Kit-travel Guide 3) Travel insurance as promised while signing the agreement.	Xerox
Ex.A10	06.05.2013	Received mail from the customer care informing about the within few days the pending documents will be addressed.	Xerox
Ex.A11	06.10.2013	Follow up mail after 10 months to get the 1)food coupons, 2)Welcome Kit-travel Guide 3) Travel insurance as promised while signing the agreement.	Xerox
Ex.A12	06.10.2013	Received mail from the customer care informing about the within few days the pending documents will be addressed.	Xerox

 

List of documents filed by the 2^nd opposite party:-

 

No documents.

 

 

      T.VINODKUMAR                                                           R.V.R.DEENADAYALAN                                                                                       

  MEMBER                                                                             PRESIDENT