Complainants        :         Babu P.B., S/o Balan, Pandaraparambil House,

                                      P.O. Akkikavu, Thrissur – 680 519.

                                      (By Adv. Shani K Krishnan, Thrissur)

Opposite Parties    :   1)  Mahindra Holiday & Resorts India Ltd.,

                                      DD Trade Tower, 5^th Floor,

                                      Above Bismi Super Market, Kaloor,

                                      Kathrikkadavu Road.

                                  2) Mahindra Holidays and Resorts India Ltd.,

                                      Mahindra Towers, 2^nd Floor, 17/18, Patullos Road,

                                      Mount Road, Chennai – 600 002, Tamil Nadu.

                                      (OP 1 & 2 Ex-parte)

O R D E R

By Smt. Sreeja S. Member:

          Complainant subscribed Club Mahindra membership of opposite parties with ID 397118 and paid fees of Rs.15,300/-. Thereafter subsequent 25 installments of Rs.7,060/- were remitted amounting a total payment Rs.1,76,500/- as per the assurance of the agent of the opposite parties. They stated that no further amount need to be remitted to enjoy various holiday trips. They demanded early ASF amount to continue with the service which was not revealed or agreed upon by the parties. An introductory special offer were provided to Kumarakam Resort and an ugly room and low quality service were provided and he complained of the  service. Thereafter as a compensation to it,  a further offer was provided. Thereafter a special offer to Yerkkad and Kodaikkanal were given on 31/08/18 which were abandoned due to the flood in Kerala. Thereafter no services were provided by the opposite parties. As on 27/11/2019 Rs.1,91,800/- were paid for which no proper service were also provided. Hence this complaint.

          2) On receiving complaint, notice served properly to the opposite parties. Opposite parties not appeared and set ex-parte after that case posted for evidence.       

          3) The counsel for complainant appeared before this Commission and filed proof affidavit in which he affirmed and explained all the averments stated in the complaint in detail. The produced documents marked Ext. A1 to A8. Ext. A1 is Membership Certificate of Complainant (Original) dtd.14/09/17.  Ext. A2 is Print out of Holiday Usage Summary. Ext. A3 is Print out of Payment Details issued by opposite party. Ext. A4 is the Print out of payment details of the complainant from 16/11/17 to 07/10/19. Ext. A5 is the Print out of email communication dtd.15/11/19 for cancellation of Membership by the complainant. Ext. A6 is the print out of email communication dtd.15/11/19 regarding cancellation of Club Mahindra Membership of the complainant. Ext. A7 the Print out of reply email communication dtd.24/12/19 from the opposite party to the complainant. Ext. A8 is Print out of reply email communication dtd.20/01/20 from the opposite party to the complainant.

          4) Points :

          1) The case of the complainant is that he subscribed a membership of opposite parties to avail holiday travel benefit and same were not provided by the opposite parties causing loss amounting Rs.1,91,800/- (Rupees One lakh ninety one thousand eight hundred only) being the value paid for it. Ext. A1 to A8 prove the case of the complainant. There is no contra evidence since the opposite parties remain ex-parte. Hence we allowed this complaint.

          In the result, complaint is allowed and hereby direct the opposite parties to pay Rs.1,91,800/- (Rupees One lakh ninety one thousand eight hundred only) to complainant with 9% interest from the date of this order and also directed to pay cost of Rs.2,500/- (Rupees Two thousand five hundred only) to the complainant within one month from the date of receipt of copy of this order.

          Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the open Commission this the 30^th day of June 2022.

    Sd/-                                           Sd/-                                         Sd/-            

Sreeja S                                    Ram Mohan R                         C.T. Sabu

Member                                    Member                                    President

Appendix

Complainant’s Exhibits :

Ext. A1 Membership Certificate of Complainant (Original) dtd.14/09/17. 

Ext. A2 Print out of Holiday Usage Summary.

Ext. A3 Print out of Payment Details issued by opposite party.

Ext. A4 Print out of payment details of the complainant from 16/11/17 to

             07/10/19.

Ext. A5 Print out of email communication dtd.15/11/19 for cancellation of

             Membership by the complainant.

Ext. A6 print out of  email communication dtd.15/11/19 regarding cancellation

             of Club Mahindra Membership of the complainant.

Ext. A7 Print out of reply email communication dtd.24/12/19 from the opposite

              party to the complainant.

Ext. A8 Print out of reply email communication dtd.20/01/20 from the opposite

              party to the complainant.

           Id/-

          Member