Tamil Nadu

South Chennai

CC/40/2017

P.B.Ramesh - Complainant(s)

Versus

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

K.S.Ramakrishnan

12 Sep 2018

ORDER

                                                                        Date of Filing :  22.12.2016 

                                                                        Date of Order :  12.09.2018

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

  @   2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3.

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

                  TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

C.C. NO.40/2017

DATED THIS WEDNESDAY THIS 12^TH DAY OF SEPTEMBER 2018

 

Mr. P.B. Ramesh,

S/o. Mr. Baskaran,

No.5, Arulappan Street,

Mandavelipakkam,

Chennai – 600 028.                                                        .. Complainant

                                                       ..Vs..

 

Benze Vaccations Club Ltd.,

Rep. by its Managing Director,

No.781, Rayala Towers, 2^nd Floor,

Anna Salai,

Chennai – 600 002.                                                   .. Opposite party.

 

Counsel for the Complainant      :  M/s. K.S. Ramakrishnan & 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 praying to refund the entire amount of Rs.15,000/- with interest at the rate of 12% p.a. and to pay a sum of Rs.1,25,000/- towards compensation for mental agony, hardship and damages caused to the complainant .

 

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

  The complainant submits that he is a Member of the opposite party club for many years.  The opposite party club provides family entertainment club and offered the complainant and other members with VIP elite membership scheme having cuisine or in room amenities, various services and special facilities such as SPA etc.   Attracting the amenities and sweet words of the executive of the opposite party, the complainant paid a sum of Rs.15,000/- towards VIP Elite membership on 29.07.2016 through HDFC Credit Card.  Further the complainant submits that the executive offered some free stay coupon free SPA coupons with Sodexo Pass worth Rs.8,000/- and Chennai Silks Gift Voucher Rs.4,000/-.  But the complainant received only free stay and free SPA voucher.   The Sodexo Pass and Chennai Silks gift voucher worth Rs.8,000/- and Rs.4,000/- respectively was not received by the complainant.   Hence, the complainant requested the opposite party to refund the amount of Rs.15,000/- paid towards Elite membership.   Since, the opposite party has not returned the amount, the complainant issued legal notice and E-mail communications to the opposite party.  On 20.08.2016, the complainant met the General Manager of the opposite party’s Club, Mr. Joseph and he assured to settle the matter within one week but till date the matter has not been settled.  Hence the complaint is filed.

2.     Inspite of receipt of notice, the opposite party has not chosen to appear before this Forum and therefore, the opposite party was set Exparte on 28.02.2017.   The opposite party preferred to file CMP No.109/2017 to set aside the Exparte order and is dismissed on 28.08.2017 for non-payment of cost of Rs.500/-.

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 complainant as his evidence, and also Ex.A1 to Ex.A13 are marked.

5.      The points for consideration is:-

1. Whether the complainant entitled to get refund of Rs.15,000/- paid towards VIP Elite membership with interest at 12% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.1,25,000/- towards compensation for mental agony, hardship and damages with cost as prayed for?

6.      On point:-

The opposite party remained Exparte.  The complainant filed his written arguments.  Perused the records namely the complaint, proof affidavit of complainant and documents.  The complainant pleaded and contended that he is a Member of the opposite party club for many years.  The opposite party club provides family entertainment club and offered the complainant and other members with VIP elite membership scheme having cuisine or in room amenities, various services and special facilities such as SPA etc.   Attracting the amenities and sweet words of the executive of the opposite party, the complainant paid a sum of Rs.15,000/- towards VIP Elite membership on 29.07.2016 through HDFC Credit Card as per Ex.A1.  The copy of Elite membership card is marked as Ex.A2.   Further the complainant pleaded and contended that the executive of the opposite party offered some free stay coupon, free SPA coupons with Sodexo Pass worth Rs.8,000/- and Chennai Silks Gift Voucher Rs.4,000/-.  But the complainant received only free stay and free SPA voucher.  The Sodexo Pass and Chennai Silks gift voucher worth Rs.8,000/- and Rs.4,000/- respectively was not received.  Hence, the complainant requested the opposite party to refund the amount of Rs.15,000/- paid towards Elite membership.   Since, the opposite party has not returned the amount, the complainant issued legal notice and E-mail communications to the opposite party as per Ex.A5 to Ex.A11.  On 20.08.2016, the complainant met the General Manager of the opposite party’s Club, Mr. Joseph and he assured to settle the matter within one week.  But there is no improvement.   Hence, the complainant filed this complaint for refund of the amount along with compensation. The opposite party after filing Vakalat remained Exparte. 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.15,000/- with interest at the rate of 9% p.a. from the date of complaint to till the date of this order with a compensation Rs.10,000/- and cost of Rs.5,000/-.

In the result, this complaint is allowed in part.   The opposite party is directed to refund a sum of Rs.15,000/- (Rupees Fifteen thousand only) being additional charges paid by the complainant with interest at the rate of 9% p.a. from the date of complaint  i.e. 22.12.2016 to till the date of this order and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five 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 12^th day of September 2018. 

 

MEMBER –I                                                                      PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

		Copy of payment acknowledgment given by the opposite party and credit card payment receipt
		Copy of Elite membership smart card
		Copy of the letter sent to the opposite party along with postal receipt
		Copy of E-mail sent to the opposite party
		Copy of E-mail sent to the opposite party
		Copy of E-mail sent to the opposite party
		Copy of E-mail sent to the opposite party
		Copy of letter sent to the opposite party along with postal receipt
		Copy of acknowledgment card
		Copy of legal notice issued to the opposite party along with postal receipt
		Copy of acknowledgment card
		Copy of corrigendum along with postal receipts
		Copy of acknowledgment card

 

 

 

MEMBER –I                                                                      PRESIDENT