Andhra Pradesh

Visakhapatnam-II

CC/16/2012

K. Prakash Rao - Complainant(s)

Versus

M/s Country Vacations - Opp.Party(s)

Syed Moinuddin

19 Jun 2015

ORDER

  Reg. of the Complaint: 10-01-2012                                                                                                                               Date of Order:19-06-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II

AT VISAKHAPATNAM

                   Present:

1.Sri H.ANANDHA RAO, M.A., L.L.B.,

       President

2.Sri C.V.RAO, M.A., B.L.,

                                             Male Member

3.Smt.K.SAROJA, M.A., B.L.,

       Lady Member

                                            

 

FRIDAY, THE 19^TH DAY OF JUNE, 2015

CONSUMER CASE NO.16/2012

 

BETWEEN:

Sri k. Prakash Rao S/O Late Narayana Rao,

Hindu, aged 82 years, R/o C/o DB Venkata Rao,

Grand Villa Apartments, D.No.51-8-40-36,

Seethammadhara, Visakhapatnam.

…Complainant

AND:

1.M/s Country Vacations ( A Division of Country Club)

Rep. by its Customer Care Manager, Regd. Office,

Amrutha Castle, 5-9-16, Saidabad, Opp.Secretariat,

Hyderabad.

2.M/s Country Vacations ( A Division of Country Club)

Rep. by its Corporate Manager, Customer Care Centre,

Opp: IDBI Bank, Near Saraswati Partk,

Dabagardens, Visakhapatnam.

3.M/s Country Vacations ( A Division of Country Club),

Rep. by its Manager, Officer, 3-6-12/12, 4^th floor,

Al-Samad Building, Himayatnagar, Hyderabad.

…Opposite Parties

This case coming on 27-05-2015 for final hearing before us in the presence of      SRI SYED MOINUDDIN, Advocate for the Complainant, and of SMT.SONTYANA MOHAN RAO, Advocate for the Opposite Parties, and having stood over till this date for consideration, this Forum made the following.

 

ORDER

 (As per SMT.K.SAROJA, Honourable Lady Member on behalf of the Bench)

1. The case of the complainant in brief is that the complainant joined as a Member with the OPs and OPs allotted a Membership CVA-31/0051 and he paid Rs.85,000/- at Eluru Office.
2. The complainant requested the OP to cancel the membership and return  the said amount which was paid by him,  but the OP paid deaf ear. The OP issued a letter dated 28-04-2010, cancellation of membership is approved by them. But the complainant did not receive any amount so far. In spite of many requests made by the complainant, the OPs did not refund the said amount to the complainant. Then, the complainant issued a Legal Notice dated 8-8-2011 to the OPs and requested them to refund the same. But they kept silent, hence this complaint.

1. Directing the Opposite Parties to pay the amount of Rs.85,000/- together with interest @ 24% p.a., from 28-04-2010 when the complainant had sent the letter for cancellation of his membership till the date of realization;
2. To pay a sum of Rs.25,000/- towards damages for the deficiency of service and adopting of unfair trade practice;
3. To pay cost of litigation to the tune of Rs.10,000/-; and
4. For such other relief or reliefs as the Honourable Forum deems fit      and proper under the circumstances of the case.

3. Joint counter filed by the Opposite Parties 1 to 3.
4. The OPs, strongly resisted the claim of the complainant, by contending, as can be seen from their counter. The OPs has to refuse all services oriented cards only on payment of Rs.1,10,000/- by the date of 31-06-2007,  but the complainant paid only Rs.85,000/-. The Complainant is asking for refund of the amount is non refundable and and the amount was paid at Eluru Branch and Visakhapatnam Branch is nothing to do. The complainant is not maintainable  as there is no cause of action arise. So, they have liable to pay any reliefs asked by the complainant.
5. At the time of enquiry, both parties filed affdiavits as well as the written arguments to support their contentions. Exhibit A1 to A7 are marked for the complainant. No documents were marked for the OP. Heard both sdies.

Exhibit A1 is the Receipt, dated 31-05-2007, Exhibit A2 is the Receipt, dated 31-05-2007, Exhibit A3 is the letter addressed by the complainant for cancellation, dated 11-04-2011, Exhibit A4 is the Letter addressed by OP informaing cancellation, dated 28-04-2010, Exhbit A5 is the Letter addressed by the complainant to OP2, dated 05-03-2011, Exhibit A6 is the  Notice issued to all OPs by complainant, dated 08-08-2011 and Exhibit A7 is the letter addressed by the OP3.

6.       The fact shown from Exhibit A1 and A2 reveals that the complainant had paid           Rs.85,000/- towards Studio Blue as an initial  payment on 31-05-2007          which was acknowledged by the OP and gave receipt in favour of the         complainant. Exhibit A4 shows that the OP issued a letter to the complainant     stating that his membership cancellation was approved by the OP. “The OP    would like to inform you, that your request for membership cancellation is       approved. So, we are also explained how there was a lot of processing for           membership cancellation that is why we are delaying your request.  Now     your membership was cancelled and approved for refund of your amount will       be refunded and as early as possible. So please cooperate with us”.

7.       Exhibit A4 reveals that the complainant application was approved and his     membership was cancelled by the OP. So, he is entitled for the amount which        was paid by him.

8.       The point that would arise for determination is:

Whether there is any deficiency of service on the part of the OPs? If so, Whether the Complainant is entitled to the        reliefs asked for?

9.       After careful perusal of the case record, this forum finds that the complainant was a member in the OPs club is not disputed. Though the OPs have promised          the complainant vide their letter dated 28-04-2010 that they have cancelled the membership of the complainant and the amount will be refunded as early as possible but they failied to pay the said amount to the          complainant, even after receiving legal notice also.  Once, they have saated that they have cancelled the membership , they are estopped from the plea that according to the terms and condtions of the membership agreement, the complainant is not entitled to any reliefs; Exhibit A7 reveals that the OP has       informed to their members that “we have opened the  new customer care office  centrally in Visakhapatnam for entire AP Members as part of enhancing the services. We also would like to inform you  that local branch will not be functional on any services.  For all further kind of services assistance, please contact at Visakhapatnam Branch “ which shows that the complainant has jurisdiction to file this complaint before this forum. As the complainant suffered a lot of mental agony and physical strain from 2007 to till now, but the OP failes to refund the amount which    was paid by the complainant amounts to deficiency in service  coupled with unfair trade practice on the part of the OPs. As the complainant forced to file this complaint before this Forum is entitled to compensation. Hence, the complainant is entitled to Rs.85,000/- with interst, some compensation and costs too.

10.     In the result, this complainant is allowed, directing the Opposite Parties 1 to 3 to pay an amount of Rs.85,000/- (Rupees Eighty Five Thosuand only) with interest @ 9% p.a., from 28-04-2010 till the date of realization, a compensation of Rs.10,000/- and costs of Rs.2500/- to the complainant. Time for compliance, one month from the date of this order.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the 19^th day of June, 2015.                                                  

 

   Sd/-                                                    Sd/-                                         Sd/-

M.MEMBER                                                     PRESIDENT                                                L.MEMBER  

 

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainant:        

Exhibits	Date	Description	Remarks
A-1	31-05-2007	Receipt	Original
A-2	31-05-2007	Receipt	Original
A-3	11-04-2010	Letter addressed by complainant for cancellation	Office copy
A-4	28-04-2010	Letter addressed by OP informing cancellation	Original
A-5	05-03-2011	Letter addressed by complainant to OP2	Office copy
A-6	08-08-2011	Notice issued to all OPs by complainant	Office copy
A-7	-	Letter of OP-3	Office copy

 

Exhibits Marked on behalf of the OPs:    -nil-

   Sd/-                                                    Sd/-                                         Sd/-

M.MEMBER                                                     PRESIDENT                                                L.MEMBER