| KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION | | BASAVA BHAVAN, BANGALORE. |
|
| |
| First Appeal No. A/767/2020 | | ( Date of Filing : 03 Nov 2020 ) | | (Arisen out of Order Dated 28/07/2020 in Case No. CC/2960/2017 of District Bangalore 2nd Additional) |
| | | | 1. T.S.Ashok Kumar | | Aged about 63 years, S/o Late Sathyanarayana shetty, R/a Flat No.101, Malakala Apartments, No.92, East Park road, 10th cross, Malleswaram, Bengaluru-560003 | | Karnataka | | 2. Smt.Nagavena | | Aged about 54 years, R/a Flat No.101, Malakala Apartments, No.92, East Park road, 10th cross, Malleswaram, Bengaluru-560003 | | Karnataka |
| ...........Appellant(s) | |
| Versus | | 1. M/s Country Vacations | | A Division of Country club, Hospitality & Holiday Ltd., Regd. office at: No.5-9-16, Amrutha Castle,Saifabad, Opp. to Secretariat, Hyderabad-500063 Rep. by its Managing Director Having Branch office at: No.102, 2nd floor, S & S Corner, Next to Kamath Hotel, Bowring Hospital road, Shivajinagar, Bengal | | Karnataka |
| ...........Respondent(s) |
|
|
| |
| BEFORE: | | | | HON'BLE MR. JUSTICE Huluvadi G. Ramesh PRESIDENT | | | HON'BLE MR. Krishnamurthy B.Sangannavar JUDICIAL MEMBER | | | HON'BLE MRS. Smt. Divyashree.M MEMBER | |
| |
|
| Dated : 07 Nov 2022 |
| Final Order / Judgement | Dated:07.11.2022 ORDER BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER - This is an appeal filed by complainants no.1 and 2 in CC/2960/2017 on the file of II Additional District Consumer Disputes Redressal Commission, Bengaluru aggrieved by the order dated 28.07.2020.
- Commission examined grounds of appeal, impugned order, appeal papers and heard.
- Learned counsel for appellant submits that Commission below not considered documents no.4 to 10: copies of E-mail communications dated 10.10.2016, 04.11.2016, 08.11.2016, 08.12.2016, 25.07.2017 and 17.08.2017, 18.09.2017, 04.09.2017 and email dated 05.11.2018. Further submits that prior to signing the downsized agreement, the OP had confirmed from E-mail all the following benefits for the new downsized agreement:
- Life Time Membership of M/s Country Club;
- 6 nights and 7 days Holiday package at Indian destination or abroad and no extra charges to be paid for an Indian destination except the taxes;
- Complimentary package to Bandipur with food for 2 adults for 2 nights and 3 days at tax of Rs.1,400/-;
- A spa kit worth Rs.25,000/- at Rs.350/- payable on each visit;
- Talwarkars Gym could be used for lifetime at Rs.20/- per visit;
- 1 gm gold coin.
Though the Commission below listed all these documents filed by complainant, failed to appreciate E-mails stated above and failed to appreciate as to why OP had confirmed through E-mail the extent of benefits for new downsized agreement. - In such circumstances, impugned order does call for interference. Accordingly, allowed the appeal consequently set aside the impugned order dated 20.07.2020 passed in CC/2960/2017 on the file of II Additional District Consumer Disputes Redressal Commission, Bengaluru and direct OP to refund Rs.56,000/- along with interest @ 06% p.a. from the date of complaint till realization and do pay Rs.5,000/- as compensation and Rs.5,000/- towards litigation cost within 60 days.
- Send a copy of this Order to the District Commission and parties to the appeal.
Lady Member Judicial Member *GGH* | |
| |
| | | [HON'BLE MR. JUSTICE Huluvadi G. Ramesh] | PRESIDENT
| | | | | | [HON'BLE MR. Krishnamurthy B.Sangannavar] | JUDICIAL MEMBER
| | | | | | [HON'BLE MRS. Smt. Divyashree.M] | MEMBER
| | | |
