DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KOZHIKODE

PRESENT: Sri. P.C. PAULACHEN, M.Com, LLB    : PRESIDENT

Smt. PRIYA.S, BAL, LLB, MBA (HRM) :  MEMBER

Friday the 28^th day of June 2024

CC.169/2024

Complainant

Krishna Sharma. K,

Krishna Sadhanam (HO),

Ayikarappady. P.O,

Pulikkal (Via),

Malappuram - 673637

Opposite Parties

1.                Managing Director,

Country Vacations,

                        1^st floor, BMT Trade Centre Building 

Mini Bypass Road, Puthiyara Junction,

Kozhikode - 673004

2. Managing Director,

Country Club (India) Ltd,

6-3-1219, Begumpet,

Hyderabad - 500016

ORDER

By Sri. P.C. PAULACHEN  – PRESIDENT

            This is a complaint filed under Section 35 of the Consumer Protection Act, 2019.

2.  The case of the complainant, in brief, is as follows:

On 11/02/2024 the complainant and his family received a call from the first opposite party informing that they had won a gift voucher and asked them to visit their office within 2 days to claim it. Upon visiting their office, they were compelled to attend a presentation about their membership scheme. Due to the coercion of the staff of the first opposite party, the complainant agreed to purchase a membership package priced at Rs. 1,60,000/-. However, upon further investigation the complainant realised that the first opposite party has a history of deceiving customers through similar tactics. Moreover, the exclusive one day offer presented to the complainant was in fact an ongoing promotion available to all prospective customers. This deliberate misrepresentation of the offer further confirms the defective nature of the business practices of the opposite parties. The complainant demanded refund of the amount. But there was no response and confirmation from the part of the opposite parties regarding refund, though they had assured of a resolution within 120 days. As a consumer, he was subjected to unfair trade practice, which has put him to financial loss and emotional distress and mental anguish. Hence the complaint for refund of the amount paid for the membership package amounting to Rs. 1,61,848/- along with compensation of Rs. 5,000/-.

3. The notice issued from this Commission on 11/04/2024 was duly served on the opposite parties. The opposite parties did not respond to the notice and hence set ex-parte.
4. The points that arise for determination in this complaint are;

1. Whether there was any unfair trade practice on the part of the opposite parties, as alleged?

2) Reliefs and costs.

5. PW1 was examined and Exts A1 to A3 were marked on the side of the complainant.
6. Heard.
7. Point No 1:   The complainant has approached this Commission alleging unfair trade and business practice on the part of the opposite parties. He is seeking refund of the amount paid for the membership package along with compensation.
8. PW1, who is none other than the complainant, has filed proof affidavit in terms of the averments in the complaint and in support of the claim. Ext A1 is the copy of the payment receipt, Ext A2 is the agreement and Ext A3 is the voucher. The evidence of PW1 stands unchallenged. The opposite parties have not turned up to file version and contest the case. The opposite parties have not produced any evidence to disprove the averments in the complaint or to rebut the veracity of the documents produced and marked on the side of the complainant. There is no contra evidence to disprove the claim. The case of the complainant stands proved through the testimony of PW1 and Exts A1 to A3 documents. The complainant is entitled to get refund of the amount paid for membership package amounting to Rs. 1,61,848.  The opposite parties are jointly and severally liable.
9. Point No. 2:- In the light of the finding on the above point, the complaint is disposed of as follows;

a)  CC.169/2024 is allowed in part.

b) The opposite parties are hereby directed to refund of Rs. 1,61,848/-(Rupees one lakh sixty one thousand eight hundred and forty eight only) paid by the complainant for membership package.

c) The payment as afore stated shall be made within 30 days of the receipt of copy of this order, failing which, the amount of Rs. 1,61,848/-shall carry an interest of 9% per annum from the date of this order till actual payment.

d) The opposite parties shall be jointly and severally liable to pay the amount as afore stated.

e) No order as to costs.

Pronounced in open Commission on this, the 28^th day of June, 2024.

Date of Filing: 23/03/2024

                        Sd/-                                                                                               Sd/-

                 PRESIDENT                                                                                   MEMBER                                      

APPENDIX

Exhibits for the Complainant :

Ext.A1 – Copy of the payment receipt.

Ext.A2 – Agreement.

Ext.A3 – Voucher.

Exhibits for the Opposite Party

Nil.

Witnesses for the Complainant

PW1 -  Krishna Sharma. K (Complainant)

                        Sd/-                                                                                                   Sd/-

                 PRESIDENT                                                                                   MEMBER                                      

                                 True Copy,      

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                                                                                                                       Assistant Registrar.