Tamil Nadu

South Chennai

CC/375/2018

S Sridhar - Complainant(s)

Versus

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

Elvina

11 Jun 2019

ORDER

                                                                        Date of Filing  : 17.09.2018

                                                                          Date of Order : 11.06.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2ND 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.375/2018

DATED THIS TUESDAY THE 11TH DAY OF JUNE 2019

                                 

Mr. S. Sridhar,

S/o. Mr. G. Srinivasan,

No.23/16, I  Avenue, Sundar Nagar,

Ekkaduthangal,

Chennai.                                                                         .. Complainant.                                          

 

                                                                                               ..Versus..

M/s. BENZE VACCATIONS CLUB LTD.,

Rep. by its Managing Director

Mr. Saravanan,

Corporate Office:-

No.781, Rayala Towers,

2nd Floor, Anna Salai,

Chennai – 600 002.                                                    ..  Opposite party.

          

Counsel for the complainant  :  M/s. E. Elvina

Opposite party                        :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.90,000/-  paid on various dates and cancel the membership with interest at the rate of 24% p.a. till repayment, to pay a sum of Rs.2,00,000/- towards compensation for medical bills, travel expenses incurred by the complainant, Rs.6,00,000/- towards the lost job orders and Rs.50,000/- towards compensation for mental agony and pain caused by such deficiency in service with cost of Rs.25,000/- to the complainant.

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

The complainant submits that he received a telemarketing call on 07.07.2018 from the opposite party’s staff offering club membership with a massive discount of 50% for new members.   The complainant has made an online payment of Rs.15,000/- on 07.07.2018 being 50% discount on membership charges.  Thereafter, he did not receive any receipt nor membership card as promised to him by the opposite party.  The complainant submits that he received another phone call on 09.07.2018 from the opposite party’s staff demanding an additional refundable amount of Rs.15,000/-. Thereafter, the complainant has paid another online payment of Rs.15,000/- on 09.07.2018.  Thereafter, the complainant went to the opposite party’s office personally to receive his membership card on 14.07.2018.   The opposite party’s staff insisted the complainant to upgrade his membership to “CROWN CARD” which offer was refused by the complainant.  While so on 16.07.2018, after receiving the phone call from one Mr. Selvam staff of the opposite party, the complainant shocked to know that  Rs.60,000/- was swiped without the complainant’s knowledge caused deficiency in service.   Even after this, the opposite party demanded further amount of Rs.10,000/- to process the membership card. As per the contract, the opposite party shall issue the membership card immediately.  But the opposite party has issued the acknowledgement for receipt of the membership fee with an undertaking that the membership card will be issued within 15 days.  The complainant submits that even after the payment of the membership fee of Rs.90,000/-, the opposite party has not issued ID card and has not come forward to provide the facilities of various kinds and issued coupons.  The opposite party staff also requested the complainant for the proof of payment while claiming the membership card which caused great shock and surprise and mental agony.  The complainant submits that since the service of the opposite party is not satisfactory and it is totally against the assurances and contract entered with the complainant. The complainant requested to refund the membership fee of Rs.90,000/-.   The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.     In spite of receipt of notice, the opposite party has not been appeared before this Forum and hence, the opposite party was set exparte.

3.     Though the opposite party remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainant as his evidence, and also documents Ex.A1 to Ex.A8 are marked.

 

5.      The points for consideration is:-

  1. Whether the complainant is entitled to get refund of a sum of Rs.90,000/- towards membership fees with interest at the rate of 24% p.a. as prayed for?
  2. Whether the complainant is entitled to a sum of Rs.2,00,000/- towards medical bill, Rs.60,000/- towards loss of job, Rs.1,00,000/- towards deficiency in service and mental agony with cost of Rs.25,000/- as prayed for?

6.      On point:-

The opposite party after receipt of the notice has not entered appearance before this Forum and remained exparte.  The complainant has filed his proof affidavit and written argument.  Heard his Counsel also.  Perused the records namely; the complaint, proof affidavit and documents of the complainant.  The complainant has pleaded and contended that on receiving a telemarketing call with an offer of 50% discount to club membership.   The complainant has paid a sum of Rs.90,000/- on various days on 07.07.2018, 09.07.2018 and 14.07.2018 as per Ex.A1 to Ex.A3.   As per the contract, the opposite party shall issue the membership card immediately.  But the opposite party has issued the acknowledgement for receipt of the membership fee with an undertaking that the membership card will be issued within 15 days.  The complainant paid a sum of Rs.90,000/-, his membership card has been upgraded to “CROWN CARD” membership.  But there is no evidence.   Further the contention of the complainant is that even after the payment of the membership fee of Rs.90,000/-, the opposite party has not issued ID card and has not come forward to provide the facilities of various kinds and issued coupons.  The opposite party staff also requested the complainant for the proof of payment while claiming the membership card which caused great shock and surprise and mental agony. 

7.     Further the contention of the complainant is that since the service of the opposite party is not satisfactory and it is totally against the assurances and as per the contract between the complainant and the opposite party.  The complainant requested to refund the membership fee of Rs.90,000/-.  Since the opposite party has not refunded the membership fee and has committed gross deficiency in service and not issued membership card within 15 days as assured.  The opposite party tortured the complainant, he sustained mental agony resulting different kind of ailments and claiming Rs.2,00,000/-.  But there is no record for such claim.  The medical bill for Rs.4,000/- has no connection with the case.  The complainant is constrained to file this case for refund of the membership fee. The opposite party remained exparte has not come forward to file written version and proof affidavit.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall refund a sum a Rs.90,000/- with interest at the rate of 9% from the date of complaint to till the date of this order and a compensation of Rs.10,000/- towards mental agony with  cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite party is directed to refund a sum of Rs.90,000/- (Rupees Ninety thousand only) being the membership charges along with interest at the rate of 9% p.a. from date of filing of this complaint (i.e.) 17.09.2018 till the date of this order (i.e.)  11.06.2019 and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The above  amounts shall be payable  within six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

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 11th day of June 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1

07.07.2018

Copy of receipt for Rs.15,000/-

Ex.A2

03.08.2018

Copy of receipt for Rs.15,000/-

Ex.A3

14.08.2018

Copy of receipt for Rs.60,000/-

Ex.A4

23.07.2018

Copy of credit card statement of the complainant

Ex.A5

 

Copy of internet complaints

Ex.A6

 

Copy of hospital bills

Ex.A7

 

Copy of Job order

Ex.A8

06.09.2018

Copy of legal notice of the complainant to the opposite party

 

 

MEMBER                                                                                PRESIDENT

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