Tamil Nadu

South Chennai

CC/21/2019

S Gajendran - Complainant(s)

Versus

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

R. Bhavani Priya

25 Jan 2023

ORDER

                                      Date of Complaint Filed : 26.12.2018

                                      Date of Reservation      : 12.01.2023

                                     Date of Order               : 25.01.2023

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.21/2019

WEDNESDAY, THE 25^th DAY OF JANUARY 2023

S.Gajendran,

No 27/1, 2nd Floor,

Ganesh Nagar, 1^st Street,

Near Rajaji Nagar,

Thiruvanmiyur,

Chennai-600 041.                                                                                                                       ...   Complainant            

..Vs..

The Director/The Chief General Manager,

M/s. Benze Vaccations Club Ltd,

No. 781, Rayala Tower, 2^nd Floor,

Anna Salai,

Chennai-600 002.                                                                                                                            ...  Opposite Party

******

Counsel for the Complainant        : M/s. R. Bhavanipriya

                                                                 Counsel for the Opposite Party     : Exparte

 

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

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to direct the Opposite Party to refund the entire amount of Rs.17,000/- with 24% p.a for deficiency in service and to pay a sum of Rs.50,000/- towards compensation for severe mental agony, tension, untold misery, trauma,  strain, pain and sufferings and to pay a sum of Rs.10,000/- towards the cost of incidental expenses incurred in sending notices to the Opposite Party, Courier charges, typing the complaint and travelling charges.

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

The Complainant had booked  for Membership - Gold Scheme, with the Opposite Party on 18.09.2018 for sum of Rs.10,000/- vide receipt no 34736. Subsequently the Complainant has been asked for Membership Elite Scheme an additional amount of Rs.20,000/- for additional benefits which the Complainant could not afford to pay even by EMIs. The Complainant requested the Opposite Party office to refund the above said amount of Rs.10,000/- and the Opposite Party also agreed for to the Complainant and sought scanned copy of the Complainant’s Aadhar Card and the Complainant’s debit card details on 06.10.2018 to refund the amount as per the routine procedure. While seeing the Complainant account on the same day (06.10.2018) the Opposite Party debited the Complainant account for a sum of Rs.7000/- and the Opposite Party informed to the Complainant by mistake wrongly debited and they informed to refund the same. The Complainant had approached the Opposite Party office on 11.10.2018 and met Ms. Devi, she told that since the login was completed the amount of Rs.7000/- only will be refunded and the balance amount of Rs.10,000/- is not possible to refund the same. The Complainant was shock and surprised that the Opposite Party did not refund the amount of Rs.10,000/- which is fraud, cheating the customers and deficiency in service. He approached the Opposite Party several times and requested to refund the entire amount of Rs.17,000/- immediately. The Opposite Party never responded / bothered the Complainant request. Hence the Complainant.

3. The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents were marked as  Ex.A-1 to Ex.A-5. The Opposite Party did not appear before this Commission even after sufficient notice was served. The Opposite Party remained absent and hence set exparte.

Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

Point No.1:

The contention of the Complainant is that he had approached the Opposite Party for Membership – Gold Scheme on 08.09.2018 and paid a sum of Rs.10,000/-, the receipt of which is marked as Ex.A-1. Subsequently the Opposite Party had sought for an additional amount of Rs.20,000/- for Membership – Elite Scheme, which the Complainant could not afford to pay. Hence the Complainant requested to refund the sum of Rs.10,000/-, which the Opposite Party agreed to pay and asked the Complainant the scanned copy of the Aadhar Card and details of the Debit Card on 06.10.2018. The Opposite Party had debited a sum of Rs.7,000/-. When the Complainant approached the Opposite Party to refund the sum of Rs.17,000/-, the Opposite Party though admitted to refund a sum of Rs.7,000/- had not refunded any amount to the Complainant. On perusal of the documents submitted by the Complainant which were marked as Exs.A-1 to Ex.A-5 it is seen that a sum of Rs.10,000/- was paid on 18.09.2018 and another sum of Rs.7000/- was paid on 06.10.2018 by the Complainant to the Opposite Party. The main submission of the Complainant is that instead of refunding the amount of Rs.10,000/- the Opposite Party had misused and debited a sum of Rs.7,000/- from the Complainant’s bank account which amounts to fraud and cheating and also deficiency on the part of the Opposite Party.

        The Complainant has not made out a case which amounts to deficiency in service on the part of the Opposite Party as defined under the Consumer Protection Act. Neither there is any averment in the complaint about the deficiency in service on the part of the Opposite Party or any document to show that the Opposite Party has undertaken to provide any service and that such service has not been provided which would amount to deficiency in service.

        As the Complainant failed to prove his case that the Opposite Party has committed deficiency in service with supporting documents the complaint is liable to be dismissed. Accordingly, Point No.1 is answered.     

Point Nos.2 and 3:

As discussed and decided Point No.1 against the Complainant, the Complainant is not entitled for the reliefs claimed in the complaint and hence not entitled for any other relief/s. Accordingly Point Nos. 2 and 3 are answered.

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

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 25^th of January 2023.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

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

 

Ex.A1	18.09.2018	Receipt issued by the Opposite Party
Ex.A2	24.09.2018	Bank statement of the Complainant along with letter dated 15.10.2018
Ex.A3	15.10.2018	Complainant letter to the Opposite Party
Ex.A4	29.04.2019	Complainant letter to Just Dial
Ex.A5	04.05.2019	Just Dial reply email to the Complainant

 

 

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

NIL

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT