BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.192-2018

DATED ON THIS THE 20^th June, 2019

      Present:  1) Sri. C.V.Maragoor

B.Com., L.L.M., - PRESIDENT   

                     2) Sri. Devakumar.M.C.           

                                        B.E., LLB., PGDCLP   - MEMBER

Sri DEVAKUMAR.M.C,

Member

1.          The complainants have filed this complaint against the opposite parties alleging deficiency in service and seeking a direction to opposite parties to refund the membership fee of Rs.1,00,000/- with compensation of Rs.2,00,000/- along with interest at the rate of 24% p.a. for causing mental agony, deficiency in service and cost of the proceedings with such other reliefs.
2.          The complainants believing the representations of opposite parties joined their club by paying membership amount of Rs.1,00,000/- on 04.03.2015.  The opposite parties have offered various facilities such as club membership, fitness centre, access to entertainment events and amusement, vocational benefits like stay for a period upto 06 nights and 07 days every year together with five star hotel facilities at discounted rates.
3.            With fond hope of enjoying and utilization of the facilities, complainants have visited the opposite parties branch club by name “Country Club Hospitality and Holidays Ltd., at Bandipur on 18^th and 19^th February 2017.  The facilities were very bad and unhygienic and not upto the level of assurances.  The food items were not good and no discount was provided on the bills.  On reporting the short comings at Bandipur, the opposite party No.1 Branch Manager at Mysore promised to provide discount on the bill amount, but failed to act.  Thereby the aggrieved complainants have alleged the deficiency in service and unfair trade practice by opposite parties filed the complaint seeking reliefs. 
4.            Both the opposite parties have remained absent inspite of service of notice hence placed them as exparte.
5.            Complainant No.1 filed his affidavit evidence and relied on 07 (seven) documents to prove the allegations.  Written arguments filed and the counsel for complainants submitted oral arguments.  Perusing the material on record, the points that would arise for determination are as under:-   

1. Whether the complainants have established the deficiency in service and unfair trade practice by the opposite parties by not providing the promised quality service and thereby they are entitled for the reliefs sought?
2. What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- In the partly affirmative.

Point No.2 :-  As per final order for the below

:: R E A S O N S ::

7.         Point Nos.1 and 2:- The complainants have contended  that they entered into a membership agreement with opposite parties club on 04.03.2015 and paid a total sum of Rs.1,00,000/- towards membership fee and the same was acknowledged by the opposite parties through receipts dated 06.03.2015 and 10.03.2015. The opposite parties represented that under the membership the complainants are entitled to the benefits by way of package comprising of fitness centres, access to entertainment, events and amusements, vocational benefits like stay for the period upto 06 nights and 07 days each year.  Further assured to provide five star hotel facilities and other services available with them at lowest and reduced prices than any other standard quality companies, not only in Mysore and also in any of their branches located all over India and abroad. 
8.         The copmlainants believed the representations made by opposite parties with fond hope of utilising the facilities, visited the opposite parties branch by name “Country Club Hospitality and Holidays Ltd.,” at Bandipur on 18^th and 19^th February 2017. The room was booked in the name of a stranger by name Mr.Nagaraju.  The room was not properly maintained, it was very dirty and uncleaned.  The food served was not of good quality.  The bathroom and toilet in the room was maintained very badly.  The swimming pool was unfit to use.  Further, the complainants were shocked with the exorbitantly charged bills issued relating to stay in the resort at Bandipur.  The demands made to provide discount on bill amount went in vain.  The legal notice issued by the complainants on 13.09.2017, calling for refund of the amount paid, was replied untenably.  Hence the aggrieved complainants have filed this complaint against opposite parties and alleged the deficiency in service and unfair trade practice and sought for the reliefs.
9.          The complainants have furnished the copy of purchase agreement of membership dated 04.03.2015 and two payment receipts to establish their membership with opposite parties and the payment of a sum of Rs.1,00,000/- towards taking membership. However, though the complainants have contended that the room and other facilities provided were of poor quality, unhygienic for that no materials such as photographs have been produced to prove the allegations.  The bills produced by the complainants do not disclose that the items were heavily charged.  Further the complainants failed to establish that the opposite parties have assured to provide discount on bill amount.  In view of the above, this Forum opined that there is deficiency in service and unfair trade practice by the opposite parties. 
10.       In view of the above discussion, the complaint is to be allowed in part and the complainants are entitled only to get refund. The amount paid by them i.e. Rs.1,00,000/- together with interest at 6% p.a. from the date of filing this complaint. Accordingly, we proceed to pass the following:-

:: O R D E R ::

1. The complaint filed by Anand.K. and Smt.Sunethra.Y.C is partly allowed directing the opposite parties to refund a sum of Rs.1,00,000/- together with interest at 6% p.a. to the complainants from the date of filing this complaint till the date of order in 60 days.  Failing to pay the same, the opposite parties are liable to pay penalty of Rs.250/- per day until payment.
2.  Furnish the copy of the order to the complainant and opposite parties at free of cost.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 20^th June, 2019)