Tamil Nadu

South Chennai

CC/6/2017

M.Manikandan - Complainant(s)

Versus

M/s.Benze Vacations Club Ltd - Opp.Party(s)

P.S.Kothandaraman

08 May 2019

ORDER

                                                                        Date of Filing  : 23.12.2016

                                                                          Date of Order : 08.05.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

PRESENT: THIRU. M. MONY, B.Sc., L.L.B, M.L.                    : PRESIDENT

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.06/2017

DATED THIS WEDNESDAY THE 08^TH DAY OF MAY 2019

                                 

M. Manikandan,

S/o. K. Munivel,

No.1/16, Kamarajar Street,

Sivagami Nagar,

Gowrivakkam,

Chennai – 600 073.                                                       .. Complainant.                                                

 

         ..Versus..

 

Benze Vacations Club Limited,

Represented by its General Manager,

No.781, Rayala Towers,

2^nd Floor, Annasalai,

Chennai – 600 002.                                                   ..  Opposite party.

          

Counsel for the complainant     :  M/s. P.S. Kothandaraman & others

Counsel for the opposite party :  Exparte

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act, 1986 prays to refund a sum of Rs.50,000/- paid by the complainant on 27.07.2016 & 23.08.2016 and to pay a sum of Rs.2,00,000/- towards compensation for mental agony, inconvenience and loss of money, deficiency in service etc with cost.

1.    The averments of the complaint in brief are as follows:-

The complainant submits that the opposite party’s executive approached the complainant and gave some printed materials and explained the facilities and services extended by the opposite party club in such sweet words.  On believing the said services and facilities, the complainant paid a sum of Rs.30,000/- vice receipt No.4581 dated:27.07.2016 and has availed Elite Membership card vide Identity No.EMM23743. Thereafter, the complainant has paid a sum of Rs.20,000/- on 23.08.2016 vide receipt No.7381 and upgraded the membership into Royal Membership.  The complainant submits that the opposite party issued coupons and vouchers namely; ‘Spa Coupons’ -50 Nos. and  ‘Stay Vouchers’ - 50 Nos. to the denomination of Rs.1,000/- and advised the complainant to utilise the same in lieu of payment while utilising the club facilities and services.  On 25.08.2016, the complainant has shown his willingness to stay by utilising the club facilities by the opposite party and went to ECR Benze Club Known as ‘Maruvoor Arasi Gardens’ situated at Harichandra 3^rd Cross Street, Beach Road, ECR, Injambakkam, Chennai and hired two rooms and stayed with his friends wherein, the ‘Stay Vouchers’ and ‘Spa coupons’ issued by the opposite party was refused.  The complainant was insisted to pay the amount by way of cash for the facilities he has utilized in the said ‘Maruvoor Arasi Gardens’.  The complainant also without any option settled the bills on payment of cash.  But the opposite party deliberately refused to issue receipts.  Hence, the complainant approached the opposite party on 29.08.2016 and reported the matter to the executive and requested to refund the said amount of Rs.50,000/- for which, the opposite party gave an evasive reply and delayed the payment.  Thereafter, the complainant issued notice dated: 17.10.2016 calling upon the opposite party to refund the said amount for such, the opposite party has not sent any reply.   The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.  Hence, the complaint is filed.

2.     Initially, the opposite party was set exparte for non-appearance.  The opposite party has filed a petition to set aside the exparte order in CMP No.130/2017 and was allowed on 09.03.2018.  Thereafter, the opposite party miserably failed to file written version even after a lapse of 380 days.  Hence, the opposite party once again was set exparte. 

3.     Though the opposite party remained Exparte, this Forum is to dispose this compliant fully on merits with available materials before this Forum. 

4.     In such circumstances, in order to prove the allegations made in the complaint the proof affidavit is filed by the complainants as their evidence, and also documents Ex.A1 to Ex.A5  are marked.     

5.      The points for consideration is:-

1. Whether the complainant is entitled to get return of a sum of Rs.50,000/- paid towards membership fee to the opposite party as prayed for?
2. Whether the complainant is entitled Rs.2,00,000/- towards compensation for mental agony, inconvenience, loss of money etc with cost as prayed for?

6.      On point:-

The opposite party remained exparte.  The petition to set aside the exparte order CMP No.130/2017 was filed and allowed.  Thereafter, the opposite party miserably failed to file written version even after a lapse of 380 days.  Hence, the opposite party once again was set exparte.  The complainant has filed his written arguments.  Heard the complainant’s Counsel also.  Perused the records namely; the complaint, proof affidavit and documents.  The complainant pleaded and contended that the opposite party’s executives approached the complainant and gave some printed materials and explained the facilities and services extended by the opposite party club in such sweet words.  On believing the words, for the said services and facilities, the complainant paid a sum of Rs.30,000/- vide receipt No.4581 dated:27.07.2016 and has availed Elite Membership card vide Identity No.EMM23743 as per Ex.A1.  Thereafter, the complainant has paid a sum of Rs.20,000/- on 23.08.2016 vide receipt No.7381 and upgraded the membership into Royal Membership. Further the contention of the complainant is that the opposite party issued coupons and vouchers namely; ‘Spa Coupons’ -50 Nos. and  ‘Stay Vouchers’ - 50 Nos. to the denomination of Rs.1,000/- as per Ex.A2 and advised the complainant to utilise the same in lieu of payment while utilising the club facilities and services.  On 25.08.2016, the complainant has shown his willingness to stay by utilising the club facilities by the opposite party and went to ECR Benze Club Known as ‘Maruvoor Arasi Gardens’ situated at Harichandra 3^rd Cross Street, Beach Road, ECR, Injambakkam, Chennai and hired two rooms and stayed with his friends wherein, the ‘Stay Vouchers’ and ‘Spa coupons’ issued by the opposite party was refused.  The complainant was insisted to pay the amount by way of cash for the facilities he has utilized in the said ‘Maruvoor Arasi Gardens’.  The complainant also without any option settled the bills on payment of cash.  But the opposite party deliberately refused to issue receipts proves the deficiency in service.  Hence, the complainant approached the opposite party on 29.08.2016 and reported the matter to the executive and requested to refund the said amount of Rs.50,000/- for which, the opposite party gave an evasive reply and delayed the payment.  Thereafter, the complainant issued legal notice dated: 17.10.2016 as per Ex.A4 calling upon the opposite party to refund the said amount for such, the opposite party has not sent any reply.  Hence, the complainant was constrained to file this case.  But the complainant has not proved in such manner for claiming such compensation.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall refund a sum of Rs.50,000/- with interest at the rate of  9% p.a. from the date of complaint to till the date of this order and cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite party is directed to refund a sum of Rs.50,000/- (Rupees Fifty thousand only) being the membership fee along with interest at the rate of 9% p.a. from the date of complaint (i.e.) 23.12.2016 to till the date of this order (i.e.) 08.05.2019 and cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.

The aboveamounts shall be payablewithin six weeks from the date of receipt of the copy of this order, failing which, the said amounts shall carry interest at the rate of 9% p.a. to till the date of payment.

Dictated  by the President to the Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 08^th day of May 2019. 

          

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1		Elite Membership Card vide Membership Identity card No.EMM23743 with receipts
Ex.A2		Copy of Spa Coupons and Stay Vouchers
Ex.A3	29.08.2016	Copy of complaint by the complainant to the opposite party
Ex.A4	17.10.2016	Copy of legal notice issued by the complainant to the opposite party
Ex.A5		Copy of acknowledgment card

 

 

 

MEMBER                                                                                PRESIDENT