Complaint filed on: 24-06-2019
Disposed on: 28-01-2022
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, TUMAKURU
CC.No.146/2019
DATED THIS THE 28th DAY OF JANUARY, 2022
PRESENT
SRI.KUMARA.N, B.Sc., L.L.B, PRESIDENT (I/c)
SMT.NIVEDITA RAVISH, B.A., L.L.B. (Spl) LADY MEMBER
Complainant: -
Sri.S.Ranganath
S/o late Shankarappa,
Aged about 50 years,
Residing at No.1296,
Opp: Gokula Rice mill Road,
Yellapura village,
Arakere post, Kasaba hobli,
Tumkur taluk and district
(By Sri.T.Ramaiah, Advocate)
V/s
Opposite parties:-
- M/s Country Vacations, No.2169/A, 1st Floor, BH Road, Opp: Government High School Road, Tumakuru city,
By its authorised Signatory Sri.Shubayog
- M/s. Country Vacations, No.202, 1st Floor, S and S chamber Next to Kamath hotel, Bowring hospital Road, Shivajinagar, Bengaluru city-560001
(OP No.1- dismissed as not pressed)
(OP No.2– Exparte)
ORDER
SRI.KUMAR.N, PRESIDENT (I/c)
This complaint has filed under Section 12 of the Consumer Protection Act, 1986 to direct the opposite parties (hereinafter called as OPs) to pay the amount of Rs.10,000-00 with 12% interest per annum from the date of payment of advance amount till its realization and pay a sum of Rs.20,000-00 towards compensation for sustained loss and pain and Rs.1,00,000-00 towards the mental agony, harassment with interest @12% per annum from the date of complaint till its realization .
2. It is the case of complainant that the OPs have repeatedly called the complainant to collect a free gift and finally he went to collect free gift on 10-7-2016. The OPs have forced the complainant to avail country vacations membership. The OPs again and again called from his mobile seeking to attend the class with the wife of complainant and finally the complainant and his wife went to classes. Wherein the 1st OP had explained about tourism and country club convention hall at Seebi, Tumakuru district and about Indian Famous Places wherein the complainant my stay with free of cost. After that, the OPs have forced the complainant and demanded for advance amount of Rs.10,000-00 and further directed to pay remaining amount of Rs.55,000-00 under five installments. Accordingly the complainant had paid a sum of Rs.10,000-00 on 20-7-2017 towards membership as advance. After payment of advance amount, the OPs again forced the complainant to sign on the purchase agreement on 20-7-2016 vide agreement no.2044. The complainant had read the said agreement but he did not understand the same, since the said agreement was in English version. The complainant had disclosed his inability to understand the terms and conditions of the said agreement, for the same the OPs have not chosen to explain the terms and conditions of the said agreement. The OPs have misguided the complainant by saying other words which are not mentioned in the said terms and conditions. Event after lapse of three years, the complainant has not all gained any facility, free lodging under the OPs firm and also there was a wrong communication between the complainant and OPs. After knowing all these facts, the complainant made his requests and demands with the OPs to repay the advance amount, but the OPs have failed to repay the said amount. Thereafter the OPs did not made any facility to the complainant under the said agreement and the complainant not at all used any facility under the OP club so far. The complainant had made several follow ups and visited the OPs office on several occasions, but the OPs just to harass the complainant have offered one package trips for the said advance amount but the said offer was not proper and justifiable and not good and hence the complainant has not satisfied with the said offer. Hence, the complainant had denied the said offer and further made requests to repay the amount but the OPs have failed to comply the same and thereby the OPs shown their deficiency in service and breach of trust and the act of the OPs is against the natural justice. The complainant has issued a legal notice to OPs on 2-5-2019 calling upon the OPs to pay advance amount of Rs.10,000-00 with interest @ 12% p.a. and compensation amount of Rs.20,000-00. The said notice were duly served on the OPs, even inspite of services of notice the OPs shown their deficiency in service. Hence, this complaint.
3. My predecessors in office have placed OP No.2 as exparte by holding that the notice is duly served on the OP No.2. On 24-9-2020 the learned counsel for complainant has filed a memo stating that OP no.1 office has closed hence, the case against the OP No.1 is dismissed as not pressed.
4. The Complainant has filed affidavit in lieu evidence and produced annexure-P1 to P3.
5. We have heard the oral arguments advanced by the learned counsel for complainant in addition to written brief and the points that would arise for determination are as under:
1) Whether the complainant proves deficiency in service by the OPs?
2) Is complainant entitled to the reliefs sought for?
6. Our findings on the aforesaid points are as follows:
Point No.1: In the affirmative.
Point No.2: In the partly affirmatively as per
final order for the below
REASONS
7. Point No.1 and 2: The learned counsel for the complainant has vehemently argued that the OPs have forced the complainant to avail country vacations membership by paying Rs.10,000-00 ad advance and remaining amount of Rs.55,000-00 under five installments. The complainant had paid Rs.10,000-00 towards membership, but the OPs have failed to provide any of the services as per the agreement. The complainant in his affidavit evidence has reiterated the averments of complaint.
8. The complainant has produced Ex.P1 i.e. agreement copy of country vacations international holiday club classic which was entered between the complainant and OPs on 20-7-2016 at Tumakuru where the OPs have received Rs.10,000=00 from the complainant towards membership and the said agreement signed by the complainant and OPs (authorized signatory). The terms and conditions of the sale agreement are that the OPs have agreed to provide package which includes club membership, fitness centers and enrolment of travel services. The complainant has made allegations against the OPs that they have not provided any of the service mentioned in the agreement dated 20-7-2017. Thereafter the complainant has got issued legal notice dated 2-5-2019 calling upon the OP to refund the advance amount paid i.e. Rs.10,000-00 and Rs.20,000-00 toward compensation for sustained loss, pain and deficiency in service with interest @ 12% p.a. on the advance amount from the date of payment till its realization.
9. The Ex.P1/copy of the sale agreement executed by the OPs proves that the complainant became a member of the OPs club by paying the membership fee of Rs.10,000-00 for providing services. Ex.P2/Holiday Gift Voucher dated 20-7-2016 and Ex.P3/legal notice dated 28-3-2018 proves that the OPs have failed to provide any of the services mentioned in the agreement dated 20-7-2016 even after lapse of more than three years from the date of agreement. The documents produced by the complainant establish that the OPs have committed not only deficiency in service but also played unfair trade practice by receiving advance amount from the complainant promising that they provide many of the services mentioned in the agreement. Therefore the OPs shall liable to refund the advance amount collected from the complainant with interest. The complainant has asked for Rs.2,00,000=00 compensation for mental agony and suffering but the complainant has not produced any convincing material to show that he has suffered mental agony to award huge amount of compensation though the mental agony could not be assessed. The complainant is entitled to an amount of Rs.3,000=00 as compensation since the OPs have failed to provide any of the services even after receipt of advance amount of Rs.10,000=00 from the complainant. Hence, we proceed to pass the following:
ORDER
The complaint filed by Sri.S.Ranganath is partly allowed directing the OP No.2 to refund advance amount of Rs.10,000=00 to the complainant with interest at the rate of 8% per annum from 20-7-2016 till its payment.
It is further ordered that the OP No.2 shall pay a sum of Rs.3,000=00 as compensation along with litigation cost of Rs.2,000=00 to the complainant within 30 days from the date of this order, otherwise it carries interest at the rate of 10% per annum from the date of filing of complaint till the date of payment.
Furnish the copy of order to the complainant and opposite party at free of cost.
(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this the 28th day of January, 2022).
LADY MEMBER PRESIDENT (I/c)
