Tamil Nadu

South Chennai

CC/218/2019

Thirumalai Kailasam - Complainant(s)

Versus

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

M/s P Arularasu

07 Dec 2022

ORDER

                                                                                                                                          Date of Complaint Filed : 05.08.2019

                                                                                                                                          Date of Reservation         : 22.11.2022

                                                                                                                                          Date of Order                   : 07.12.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:  TMT. B. JIJAA, M.L.,                                         : PRESIDENT

                     THIRU. T.R. SIVAKUMHAR, B.A., B.L.,         :  MEMBER  I 

                      THIRU. S. NANDAGOPALAN., B.Sc., MBA.,    : MEMBER II

 

CONSUMER COMPLAINT No. 218/2019

WEDNESDAY, THE 7^th DAY OF DECEMBER 2022

 

Mr. Thirumalai Kailasam,

S/o Kailasam,

No.7/1, Sai Garden,

10^th Dandeeswaran Nagar,

Chennai – 600 042.                                                                                                                   ... Complainant

-Vs-

 

1.Mr. Saravanan,

   Managing Director,

   No.781, Rayala Tower, 2^nd Floor,

   Anna Salai, Chennai – 600 002.

 

2.M/s. Benz Vacations Club Public Ltd,

   No.781, Rayala Tower,

   2^nd Floor, Anna Salai,

   Chennai – 600 002.                                                                                                                          ...Opposite parties

******

Counsel for the Complainant            : M/s. P. Arularasu

Counsel for the Opposite Parties       : Exparte

        On perusal of records and having heard the oral arguments of the Counsel for the Complainant, we delivered the following:

ORDER

Pronounced by the Member-I, Thiru. T.R.Sivakumhar, B.A., B.L.,

1.     The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays the Opposite Parties direct to refund a sum of Rs.1,00,000/- towards the cost of Benz Club Vacation Scheme and to pay a sum of Rs.4,00,000/- towards compensation for loss of land, mental agony, pain and sufferings along with cost of this complaint.

2.     The averments of Complaint in brief are as follows:-

The Complainant was approached through Phone calls and SMS from the Opposite Parties staffs to join as a member of 2^nd Opposite Party club. He paid a sum of Rs.60,000/- and became a life member under category of Platinum Membership scheme. He was totally disappointed with that he was not given with any benefit under the schemes assured like Holiday stay, Spa, Free housing, Swimming pool, club house etc. He was again asked the then Manager that the membership of Platinum was lesser value and in order to utilize all kind of benefits to upgrade for "Royal Membership" by paying further sum of Rs.20,000/-. He had no other option and paid the said amount by cash and had become a life member under Royal Membership Scheme. He was again asked to pay a sum of Rs.5,000/- for swiping machine and for annual maintenance charges their properties for the benefits of the members and the same was paid. On 15.02.2017 he was denied entry in a holiday resort at OMR stating that the tie-up contract with the Opposite Parties was already expired and he was denied permission at various times at various other places where the Opposite Parties had assured with such benefits. Thereafter he came to know the benefits assured by the Opposite Parties were bogus and the same could not availed. He totally vexed and approached the Opposite Parties to refund the entire amount paid as there was no use in any way being their member under any category. He was asked by the staff of the Opposite Parties to pay an additional sum of Rs.15,000/- and thereby on a total sum of Rs.1,00,000/- he could cancel the membership and get refund of money, hence on 20.04.2018 he met the 1^st Opposite Party and had paid a sum of Rs.15,000/- through his HDFC credit card. The staffs of the Opposite Parties on verification that the cancellation process was confirmed and refund of Rs.1,00,000/- would be made within 45 days. Thereafter whenever he approached for refund, evasive replies given by their staffs, but till date no refund of Rs.1,00,000/- made to him. He was not given with any benefits at any point of time and he was totally defrauded and cheated by the Opposite Parties. Because of Unfair trade practice and deficiency of service with sheer negligence, he suffered lot of mental agony and pain, hence he is entitled for refund with interest together with compensation. Hence the complaint.

3.   The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-9 were marked.    

4.    The Opposite Parties did not appear before this Commission even after sufficient notice given to them. Hence the Opposite Parties were set exparte.

Points for Consideration:-

1. Whether the Opposite Parties had committed unfair trade practice as well as deficiency in service to the Complainant?

2. Whether the Complainant is entitled for reliefs claimed in the Complaint and or for any other relief/s?

Point No 1:-

on careful reading of the complaint and perusal of the exhibits marked in support of the complaint, the complainant has been allotted Platinum membership for life time in the opposite parties club, as found in Ex.A-1. The Complainant was issued with a Brochure for availing benefits provided by the Opposite Parties, which was marked as Ex.A-2. For confirmation of payment of Rs.60,000/- made by the Complainant, the Complainant had produced a free stay voucher issued by the Opposite Parties, wherein the date and category of membership mentioned as   “11.12.2008 and Platinum member” and the said voucher was marked as Ex.A-4. A Receipt dated 15.12.2017 for Rs.5,000/- in the name of the Complainant, was marked Ex.A-5, wherein it was mentioned the said sum was received towards stay and Spa. On perusal of Ex.A-3 mail dated 20.04.2018 sent by the Opposite Parties to the Complainant, it was informed that for cancellation of crown membership and to get refund of Rs.1,00,000/-, the Complainant has to pay additional sum of Rs.15,000/- for Crown membership, as it was confirmed in the said mail that the Complainant had already paid a sum of Rs.85,000/- and on such payment, process of cancellation of membership would be done immediately and refund of Rs.1,00,000/- would be made within 45 days from 20.04.2018. On perusal of Ex.A-7 receipt dated 20.04.2018 the said additional amount of Rs.15,000/- was paid by the Complainant towards Crown Membership, and in the said receipt the earlier payments of Rs.85,000/- was confirmed by the Opposite Parties. From Ex.A-9 the legal notice dated 22.04.2019 sent to the Opposite Parties seeking refund of Rs.1,00,000/- with interest @ 24% per annum along with compensation of Rs.10,00,000/- within 15 days.

On discussion made above and in the facts and circumstances of the case, it is clear that the Complainant though had contended that he was denied permission when he went to a holiday resort at OMR as the tie up contract of the Opposite Parties was expired with the said Holiday Resort, and further contented that he was denied permission at various times at various other places where the Opposite Parties assured benefits, no valid proof has been produced before this Commission to substantiate the said contentions, hence the Opposite Parties had not committed deficiency of service.

The demand made for further payments under the guise to utilize the benefits provided by upgrading the membership from Platinum to Royal Membership and from Royal to Crown Membership and compelled the Complainant to make such further payments for upgradation and also for cancellation and refund of the Membership Fees and in spite of confirmation of refund of Rs.1,00,000/- within 45 days to the Complainant, under Ex.A-3, the negligent act of the Opposite Parties clearly amounts to Unfair Trade Practice. Therefore, we are of the considered view that the Opposite Parties 1 and 2 had committed Unfair Trade Practice and thereby had caused mental agony to the Complainant. Accordingly Point No.1 is answered.

Point No.2:-

As discussed and decide above in point No.1 against the opposite parties 1 and 2, the complainant is entitled for refund a sum of Rs.1,00,000/- together with interest at the rate of 6% per annum from the date of filing, i.e., from 05.08.2019 till the date of the order, to pay a sum of Rs.10,000/- towards Unfair Trade Practice and mental agony, along with Rs.3,000/-. Accordingly Point No.2 is answered.

In the result, the complaint is allowed in part. The Opposite Parties 1 and 2 are jointly and severally directed to refund a sum of Rs.1,00,000/- (Rupees One Lakh Only) together with interest at the rate of 6% per annum from the date of filing, i.e., from 05.08.2019 till the date of the order, to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) towards Unfair Trade Practice and mental agony, along with Rs.3,000/- (Rupees Three Thousand Only) towards costs, to the Complainant, within 8 weeks from the date receipt of this order, failing compliance, the Complainant is entitled to recover the sum of Rs.1,00,000/- from the Opposite parties 1 and 2, together with interest at the rate of 6% per annum from the date of the receipt of this order till the date of realisation.

          In the result this complaint is allowed.          

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 7^th of  December 2022. 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	17.03.2008	Copy of Member ship card
Ex.A2	-	Brochure of the Benze Club
Ex.A3	20.04.2008	E-mail correspondence from 1st Opposite Party
Ex.A4		Copy of payment receipt for Rs.60,000/-
Ex.A5	15.12.2017	Copy of payment receipt for R.5,000/-
Ex.A6	26.03.2013	Copy of e-mail correspondence of Complainant
Ex.A7	20.04.2018	Copy of payment acknowledgement
Ex.A8	-	Brochure of the Benze club
Ex.A9	22.04.2018	Copy of Lawyer’s Notice

List of documents filed on the side of the Opposite Parties:-

                                                                             NIL

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                   B.JIJAA

         MEMBER II                      MEMBER I                         PRESIDENT