Tamil Nadu

South Chennai

CC/9/2017

Sam Paul Kamalesh - Complainant(s)

Versus

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

T.Ramkumar, A.Velu

22 Jul 2022

ORDER

Date of Complaint Filed : 23.12.2016

Date of Reservation      : 05.07.2022

Date of Order               : 22.07.2022

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                           : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,           :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,   : MEMBER II

 

CONSUMER COMPLAINT No.9/2017

FRIDAY, THE 22^nd DAY OF JULY 2022

Sam Paul Kamalesh, aged 51 years,

S/o. S.R Andrew,

Plot No.133, Mahalingam Street,

Devadoss Street, Gurusamy Nagar,

Madhanandapuram,

Porur, Chennai – 600 116.                                                ... Complainant                                

 

..Vs..

“Benze Vaccations Club”,

Represented by its Managing Director,

No.781, Rayala Towers 2^nd Floor,

Anna Salai,

Chennai – 600 002.                                                        ...  Opposite Party

 

******

Counsel for the Complainant          : M/s. T.Ramkumar

Counsel for the Opposite Party       : Exparte

 

        On perusal of records and on endorsement made by the Complainant to treat the written arguments as oral arguments, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Party under section 12 of the Consumer Protection Act, 1986 and prays to direct the Oppsite Party to refund a sum of Rs.1,50,000/- which was paid by the Complainant to the Opposite Party with interest @ 24% per annum and pay a sum of Rs.1,00,000/- towards mental agony and sufferings which the Complainant has undergone and direct the Opposite Party to pay a sum of Rs.2,000/- towards expenses incurred by the Complainant and to pay Rs.10,000/- towards cost.

2.     The averments of Complaint in brief are as follows:-

                The case of the complaint is that in the month of July 2013, the Complainant had received SMS from the Opposite Party club and subsequently the marketing persons of the Opposite Party had approached the Complainant and requested him to join as a member of their club. It is submitted that the marketing persons of the Opposite Party had told the Complainant that if he join as a member, he would avail lot of facilities provided by them such as free accommodation for his family in the resorts of their club, life time club membership, access to gym, pool, bar, restaurant, spa, party hall, Mini Theatre etc... by believing their words and based on the assurances given for providing satisfactory service, for the vacation of his children, the Complainant had decided to subscribe the club membership of the Opposite Party. Then it was stated by the officials of the Opposite Party that the membership subscription fee would be Rs.15,000/-. It is submitted that accordingly the Complainant had paid the said amount by way of Cheque dated 03.01.2014.  Thereafter, the Complainant was informed by the Opposite Party that if the membership of the Complainant with the Opposite Party is upgraded to "Royal Membership", he will be providing several additional facilities and also the Complainant and his family will be eligible for the International Tour organized by the Opposite Party at free of cost. The Opposite Party had further informed the Complainant that he has to pay a further sum of Rs. 45,000/- for such up gradation of his membership. By believing the words of the Opposite Party, he made a further payment of Rs. 45,000/- to the Opposite Party by way of a Cheque bearing No. 159502 dated 26.09.2014, drawn on State Bank of India, Jawahar Nagar Branch, Chennai- 82 and the same was encashed by the Opposite Party. He had preferred to subscribe the membership of the Opposite Party by believing the attractive benefits offered by them and infact the main reason was to avail the international tour at free of cost. It is submitted that whilso, when the Complainant had approached the Opposite Party in the first week of November 2014 to register his name to avail the international tour, to his shock and surprise, he was told that only the members of "Crown Membership are entitled to avail international tour and the complaint who is holding "Royal Membership" is not entitled to the same The Complainant submits that when he expressed his dissent to the officials of the Opposite Party that only by believing the assurances given to him that the "Royal Membership" would be entitled to the international tour, he had preferred to upgrade his membership. The Opposite Party also refused to refund the amount paid by the Complainant inspite of the fact he and his family were not provided any benefits as offered by the Opposite Party. The Opposite Party had informed the Complainant that his membership could be upgraded to "Crown Membership" by paying a further sum of Rs. 50,000/- and the said offer is only for a limited period. In the above circumstances, without any other option and by believing the promise given by the Opposite Party that the "Crown Membership" will be entitling for him to avail international tour, he paid a further sum of Rs. 50,000/- to the Opposite Party by cash. After receiving the said amount, the Opposite Party had promised that they will organize an international tour to its members including the Complainant and said tour will be organized within a month and the information for the same will be informed to him. However, more than one month was passed, the Complainant was not informed anything about providing of international tour and in the above circumstances, he again approached the Opposite Party on 20.12.2014. On the said date, the Complainant did not receive any responsible reply from the officials of the Opposite Party. Thereafter, the Complainant again approached the officials in the corporation office of the Opposite Party in the month of January 2015; but all his efforts were ended in vain. Again he went to the corporate office of the Opposite Party in the week of September 2015 and enquired about the international tour which was offered to him while upgraded his membership to "Crown Membership". The officials of the Opposite Party had asked the Complainant to meet the opposle party's executive who is organizing international tour for its customers. It is submitted that thereafter as per the instructions given to him, the Complainant had met the Customer Care Manager Mrs. Prathibha and she told the Complainant that the tour has been organized through an agent from Goa and the said agent will contact him in this regard. By believing the words of the Customer Care Manager, he left the office of the Opposite Party. Thereafter, he received an e-mail from the tour agent from Goa, stating that the international tour has been organized and cost of the said tour is Rs. 69,000/- per head and accordingly the Complainant was required to pay a total sum of Rs. 2,07,000/- for his family consisting of the Complainant, his wife and daughter. The above e-mail which was sent on behalf of the Opposite Party was fully in contravention to the offer earlier offered to him.  He availed membership of the Complainant's club mainly for the purpose of enjoyment and making use of leisure time of his family and to avail the international tour offered at free of cost and the act on the part of the Opposite Party in not providing facilities and arranging international tour at free of cost, which were assured by them earlier, amounts to deficiency in service on the part of the Opposite Party as no facilities are provided by the Opposite Party as per assurances and offers given by them, the Complainant and his family have been put into irreparable mental hardship, for which the Opposite Party is sole responsible and the Opposite Party is liable to compensate the same. The Complainant further submits that without providing any benefits as offered by them, the Opposite Party has no nights to withhold a sum of Rs. 1,10,000/ which was paid by the Complainant towards membership. In the above circumstances, the Complainant had requested the Opposite Party either to arrange international tour as offered to him, or to refund the amount paid by him, which requests turned vain.  In the above circumstances, the Complainant sent a legal notice dated 13.10.2015 to the Opposite Party calling upon them to arrange international tour as offered to him. It is submitted that though the above notice was duly served on the Opposite Party, the Opposite Party has sent no reply. Even thereafter, he approached the Opposite Party several times either to arrange international tour or to refund the deposit made by him. On repeated requests of the Complainant, in the month of August 2016, the officials of the Opposite Party asked him to make further payment of Rs. 40,000/- and on such payment, the Complainant will the accorded benefits which was offered to him including the foreign tour. The Opposite Party had further offered the Complainant that the tour will be organized and in any event, the tour is not arranged, he will be given a vacant plot promoted by the opposite part at Villupuram, Chengelpet District for the amount paid by him. By believing the promise given by the Opposite Party, he made a further payment of Rs. 40,000/- in two installments i.e. Rs. 30,000/- on 22.08.2016 and Rs. 10,000/ on 27.08.2016. It is submitted even after receiving the said amount, the Opposite Party has not fulfilled its obligation on its part towards the Complainant as promised to him. The act on the part of the Opposite Party in not providing service as per the assurances given by them and collection of a sum of Rs.1,50,000/- from the Complainant by giving false information and not refunding the said sum to the Complainant inspite of his repeated requests without giving any reasons and holding of a sum of Rs.1,50,000/- belong to the Complainant without any authority are arbitrary and the same amount to gross deficiency of service The Complainant is suffering monetary loss and undue mental agony due to the perpetual inaction on the side of the Opposite Party. The service deficiency on the part of the Opposite Party also made the Complainant to send a legal notice, which also ended vain. Hence the complaint.

3.      The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents Ex.A-1 to Ex.A-10 were marked.   

4.    The Opposite Party did not appear before this Commission even after sufficient notice served on them. Hence the Opposite Party was called absent and set exparte.

5.     Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Party?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

In the result, the complaint is allowed in part. The Opposite Party is directed to refund a sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand Only) together with interest at the rate of 6% per annum from the date of filing, i.e., from 23.12.2016 till the date of the order, to pay a sum of Rs.25,000/-(Rupees Twenty Five Thousand Only) towards deficiency of service and mental agony and sufferings and to pay a sum of Rs.3,000/- (Rupees Three Thousand Only) towards costs, to the Complainant, within 8 weeks from the date of the order, failing compliance, the Complainant is entitled to recover he above amounts from the Opposite party, together with interest at the rate of 6% per annum from the date of the order till the date of realisation.

          In the result this complaint is allowed.          

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 22^nd of July 2022.  

 

 

S. NANDAGOPALAN                                                    T.R. SIVAKUMHAR                                                                   B.JIJAA

         MEMBER II                                                                   MEMBER I                                                                      PRESIDENT

 

 

 

List of documents filed on the side of the Complainant:-

 

 

Ex.A1	03.01.2014	Payment Receipt issued to the Complainant by the Opposite party towards club Membership
Ex.A2		Letter sent by the Opposite Party, enclosing the membership card
Ex.A3	26.09.2014	Receipt issued by the Opposite Party to the applicant towards Royal Membership
Ex.A4		Royal Membership card issued to the Complainant
Ex.A5		Leaflet issued by the Opposite Party regarding the benefits offered under Royal Membership
Ex.A6	18.11.2014	Receipt for payment made by the applicant towards crown Membership
Ex.A7		Crown Membership card issued to the complainant
Ex.A8		Leaflet issued by the Opposite party regarding the benefits offered under crown membership
Ex.A9	13.10.2015	Notice issued on behalf of the Complainant
Ex.A10	27.08.2016	Receipt of certified to be true copies of the original documents

 

 

List of documents filed on the side of the Opposite Party:-

 

NIL

 

 

 

 

 

S. NANDAGOPALAN                                                             T.R. SIVAKUMHAR                                                               B.JIJAA

         MEMBER II                                                                            MEMBER I                                                                  PRESIDENT