Tamil Nadu

South Chennai

CC/144/2019

A S Purushothaman - Complainant(s)

Versus

M/s Benze Vacations Club Ltd., - Opp.Party(s)

N Maheshwarraih

01 Nov 2019

ORDER

                                                                             Date of filing      : 17.06.2019

                                                                               Date of Disposal : 01.11.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.144/2019

DATED THIS FRIDAY THE 01^ST DAY OF NOVEMBER 2019

                                 

Mr. A.S. Purushothaman,

S/o. Mr. A.T. Sethuraman,

No.5/A 35, 8^th Street,

Anna Nagar,

Chennai – 600 040.                                                        .. Complainant. 

                                                                                                    ..Versus..

 

1. M/s. Benze Vaccations Club Public Ltd.,

Represented by its Secretary,

Having registered office at:-

No.23/11, First Floor,

Jambulingam Street,

Nungambakkam,

Chennai – 600 034.

 

2. M/s. Benze Vaccations Club,

Rep. by its Chief Executive Officer,

Having Corporate Office at:-

No.781, Royala Tower,

2^nd Floor, Anna Salai,

Chennai – 600 002.                                                 ..  Opposite parties.

 

Counsel for the complainant : Mr. N. Maheswaraiah

1^st opposite party                   : The claim against the 1^st opposite

                                                 party is dismissed as not pressed on

                                                 20.09.2019

2^nd Opposite party                 : Ex-parte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.90,000/- being amount collected towards the CROWN MEMBERSHIP as life time membership fee with interest at the rate of 12% p.a. from 13.04.2018 till the date of realization and to pay a sum of Rs.2,00,000/- towards compensation for damages, unfair trade practice, deficiency in service and mental agony with cost of Rs.10,000/- to the complainant.

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

The complainant submits that he is residing in Anna Nagar, Chennai and is a Senior Citizen.   The complainant approached the opposite parties through mobile message on 13.04.2018 that it was a “10 year celebration offer” and that there was 50% offer on membership along with free spa and 8 days stay at Goa, Shimla, Jaipur etc with free Gym, monthly events etc for members.  The complainant submits that one Mr. Vaishnavi, Team Leader of the opposite party contacted and told that everything like to stay, spa etc and for members would be five free monthly tickets for dramas, shows and other events.  She also told that there would be annual 15 days international tour arranged by the club every year for Crown membership and the concession rate of 60% on Bar and restaurants etc.  The complainant submits that if the offer of various accounts is not  satisfied and the services of Benze Vacations Club is not satisfied the Membership account would be refunded.  The complainant submits that Ms. Vaishnavi sent one Mr. Vishal the Executive to the complainant’s home who explained the facilities like stay, spa etc was completely free for Crown Membership and that there would be regular monthly events for which tickets would be sent to the complainant’s address. 

2.     The complainant submits that the opposite parties after due negotiation accepted to offer the complainant for Crown Membership of payment of Rs.85,000/-.  The opposite parties also given acknowledgement receipt on 13.04.2018 bearing No.31301.   But later the club sent only Royal Membership card and coupon.  The complainant submits that Mr. Vishal demanded another sum of Rs.5,000/- and collected on 23.05.2018 without giving any receipt.   The complainant submits that the opposite parties gave letter in writing that they would start a full fledged club with all facilities at Anna Nagar.  The complainant submits that he is a Senior Citizen having ailments in Spinal Chord L4-L5 disc prolapsed with severe back pain, joined as a member on the belief that the club will be full fledged one in Anna Nagar.  The complainant submits that even after a lapse of months the opposite party never started any club at Anna Nagar.  The complainant submits that he repeatedly visited the executives of the opposite parties and discussed about the club and the different offers for which, the opposite parties has not given any answer and drove the complainant from pillar to post.  Hence, the complainant sent several emails to the opposite parties for which, they have not sent any reply.  Hence, the complainant demanded for refund of the membership amount.   The act of the opposite parties amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

3.     The complainant after filing the complaint made an endorsement on 20.09.2019 stating that “The 1^st opposite party not pressed. No claim claimed against the 1^st opposite party.  Hence, the 1^st opposite party may be given up”.  Hence, this Forum ordered that the claim against the 1^st opposite party is dismissed as not pressed.  

4.     In spite of receipt of notice, the 2^nd opposite party has not appeared before this Forum and hence, the 2^nd opposite party was set ex-parte.

5.     To prove the averments in the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A14 are marked.    

6.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.90,000/- paid towards Crown Membership together with interest at the rate of 12% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.2,00,000/- towards compensation for deficiency in service and unfair trade practice and mental agony with cost of Rs.10,000/- as prayed for?

 

7.      On point:-

The complainant after filing the complaint made an endorsement on 20.09.2019 stating that “The 1^st opposite party not pressed. No claim claimed against the 1^st opposite party.  Hence, the 1^st opposite party may be given up”.  Hence, this Forum passed order that the claim against 1^st opposite party is dismissed as not pressed.  The 2^nd opposite party even after due service of notice not appeared in this Forum and remained ex-parte.  The complainant filed proof affidavit, documents, written arguments etc.  The complainant pleaded and contended that he is residing in Anna Nagar, Chennai and is a Senior Citizen.   The complainant approached the opposite parties through mobile message on 13.04.2018 that it was a “10 year celebration offer” and that there was 50% offer on membership along with free spa and 8 days stay at Goa, Shimla, Jaipur etc with free Gym, monthly events etc for members as per Ex.A1. But on a careful perusal of Ex.A1, it is seen that the said offer of 50% on membership only for Royal membership alone.  There is no offer given in Ex.A1 for Crown Membership.   Further the contention of the complainant is that one Mr. Vaishnavi, Team Leader of the opposite party contacted and told that everything like to stay, spa etc and for members would be five free monthly tickets for dramas, shows and other events.   She also told that there would be annual 15 days international tour arranged by the club every year for Crown membership and the concession rate of 60% on Bar and restaurants etc.  But on a careful perusal of Ex.A2, the alleged concessions which offered are not specific in Royal Membership but some offers given to Crown Membership. 

8.     Further the contention of the complainant is that if the offer of various accounts is not satisfied and the services of Benze Vacations Club is not satisfied the Membership account would be refunded.  But on a careful perusal of Ex.A1 & Ex.A2, there is nothing about the refund mentioned.  Further the contention of the complainant is that Ms. Vaishnavi sent one Mr. Vishal the Executive to the complainant’s home who explained the facilities like stay, spa etc was completely free for Crown  Membership and that there would be regular monthly events for which tickets would be sent to the complainant’s address.  But there is  no record.  Further the contention of the complainant is that the opposite parties after due negotiation accepted to offer the complainant for Crown Membership of payment of Rs.85,000/- as per Ex.A3.  The opposite party also given acknowledgement receipt on 13.04.2018 bearing No.31301.   But later the club sent only Royal Membership card and coupon.  But on a careful perusal of Ex.A3, it is seen that “Crown Membership (Life)” but the card issued is Royal Membership and there is nothing about the coupons.  On the other hand on a careful perusal of Ex.A2, it is seen that for

 Crown membership Rs.2,80,000/-,

Royal Membership   Rs.1,80,000/-

Elite Membership            Rs.1,00,000/-

Life Membership     Rs. 60,000/-.

Even considering the offer as per Ex.A1, the complainant ought to pay 50% i.e. Rs.90,000/- for Royal Membership.  There is no offer for Crown Membership.  Hence, the payment of Rs.85,000/- is only towards Royal Membership.  The allegation that payment made towards Crown Membership; is not acceptable.  Equally, inrespect of the Crown Membership, Royal Membership card was issued; is also not acceptable because, the offer payment was made only towards Royal Membership.  The complainant totally suppressed the material facts and filed this case in this Forum without clean hands.  It is also seen from Ex.A1 & Ex.A2, the payment of any amount towards membership fees is refundable. 

9.     Further the contention of the complainant is that Mr. Vishal demanded another sum of Rs.5,000/- and collected on 23.05.2018 without any receipt.   There is no record for such payment in this case.  Further the contention of the complainant is that the opposite parties gave letter in writing that they would start a full fledged club with all facilities at Anna Nagar as per Ex.A4.  Further the contention of the complainant is that he is a Senior Citizen having ailments in Spinal Chord L4-L5 disc prolapsed with severe back pain, joined as a member on the belief that the club will be full fledged one in Anna Nagar.  Further the contention of the complainant is that even after a lapse of months the opposite party never started any club at Anna Nagar proves the unfair trade practice.  But the allegations that the complainant joined as a member with a fond hope that it will be a full fledged club at Anna Nagar; is not acceptable because on the date of joining and paying the membership, there is no whisper regarding the club at Anna Nagar.  Further the contention of the complainant is that he repeatedly visited the executives of the opposite party and discussed about the club and the different offers for which, the opposite party has not given any answer and drove the complainant from pillar to post.  Hence, the complainant sent several emails as per Ex.A5 to Ex.A14 for which, the opposite parties has not sent any reply.  Hence, the complainant demanded for refund of the membership amount.  But on a careful perusal of records, there is no iota of evidence to prove that the amount is refundable.  The complainant also suppressed several facts in this case and made an endorsement in person that the claim against the 1^st opposite party who is the Secretary of Benze Vaccations Club is dismissed as not pressed. Considering the facts and circumstances of the case, this Forum is of the considered view that this complaint has to be dismissed.  Hence, the complaint is liable to be dismissed.

In the result, this complaint is dismissed.  No costs.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 01^st day of November 2019. 

 

MEMBER                                                                                PRESIDENT

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	13.04.2018	Copy of SMS message sent by the opposite parties
Ex.A2		Copy of membership tariff issued by the opposite parties
Ex.A3	03.04.2018	Copy of payment receipt issued by the opposite parties
Ex.A4		Copy of letter sent by the opposite parties acknowledgment of membership
Ex.A5	09.12.2018	Copy of request mail sent by the complainant for refund of membership to the opposite parties’ customer care
Ex.A6	11.01.2019	Copy of mail sent by the complainant to the 2nd opposite party
Ex.A7	15.01.2019	Copy of mail sent by the complainant to the 2nd opposite party
Ex.A8	16.01.2019	Copy of mail sent by the complainant to the 2nd opposite party
Ex.A9	17.01.2019	Copy of letter sent by the complainant to the 2nd opposite party
Ex.A10	28.01.2019	Copy of mail sent by the complainant to the opposite party customer care
Ex.A11	15.03.2019	Copy of mail sent by the complainant to the 2nd opposite party
Ex.A12	19.03.2019	Copy of mail sent by the complainant to the 2nd opposite party
Ex.A13	20.04.2019	Copy of letter sent by the complainant to the 2nd opposite party along with acknowledgment card
Ex.A14	25.05.2019	Copy of mail sent by the complainant to the opposite party customer care

 

 

 

MEMBER                                                                                                                                                        PRESIDENT