Tamil Nadu

South Chennai

CC/323/2015

R.Rajesh Kumar - Complainant(s)

Versus

M/s.Benze Vaccations Club - Opp.Party(s)

M/s.M.Vijayakumar

04 Jul 2016

ORDER

   Date of Filing :   07.08.2015

                                                                      Date of Order :   04.07.2016

 

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)

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

 

PRESENT: THIRU. B. RAMALINGAM M.A.M.L.,                     : PRESIDENT

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

                 DR. T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.323/2015

MONDAY THIS  4^TH DAY OF JULY 2016

R. Rajesh Kumar,

S/o. K.K.Raman,

Old No.69, New No.139,

Adam Sahib Street,

2^nd Floor Royapuram,

Chennai 600 013.                                                ..Complainant

 

                                         ..Vs..

 

M/s. Benze Vacations Club,

Rep. by its Managing Director,

Mr. Saravanan,

Rayala Tower, No.781,

Anna Salai,

2^nd Floor, Chennai -2.                                        ..Opposite party  

 

 

For the Complainant                    :   M/s. M.Vijayakumar & another       

For the opposite party                 :   Exparte.   

 

ORDER

 

THIRU. B. RAMALINGAM PRESIDENT

1.     Complaint under section 12  of the Consumer Protection Act 1986.  The complaint is filed seeking direction against  the opposite party to refund the balance amount of Rs.62,000/- and also to pay a sum of Rs.5,00,000/- towards mental agony and Rs.20,000/- as cost of the complaint. 

2.     Even after receipt of the notice from this forum in this proceeding, the opposite party did not appear before this Forum and did not file any written version.  Hence the opposite party was set exparte on  11.2.2016. 

3.     Perused the complaint, and the documents Ex.A1 to Ex.A6  filed by the complainant  and proof affidavit and the entire C.C. records and considered the arguments of the complainant’s counsel.  

4.       Complainant has stated that he was became a member of the  opposite party club on 05.01.2009 by paying Rs.8000/-  as a club member.  Subsequently on 30.04.2014  on believing   words and promises made by one Sarathkumar who was the Assistant Manager of the opposite party club, for getting the benefits such as (1) force stay in the club for each year and total number of free stay is 100 days (2) 200 massage coupons free and discounts in foods and beverage (3) free lifetime Membership in Gym.  Complainant has paid another sum of Rs.42,000/- on 30.04.2014 for getting Royal Membership.  Since the said coupon for benefits   mentioned above and the card for Royal Membership card were not given to the complainant, the complainant was contacted by one Nagaraj, the staff of the opposite party club  and   has   paid another sum of Rs.12,250-  (Rs.6000-  + Rs.6250-) by way of cheque on 30.01.2015 for getting a Royal Member ship card as requested by opposite party club.  After several attempt,  the complainant has received Royal Membership Card, finally in the end of April 2015, and 100 free stay coupons and massage coupons.  In the said massage coupons the name of the complainant is wrongly mentioned as Rajendirakumar instead of Rajeshkumar.    When the complainant has questioned about it, the opposite party informed that the mistake will be rectified in short period and the complainant was asked to come in the first week of June 2015.  When the complainant again went to the opposite party’s office one Yazhini and another  one Vijayakumar said to be the customer care officers of the opposite party club persuaded the complainant to upgrade his Royal  membership to the Crown membership and asked to pay a sum of Rs.20,000/-.   When the complainant has refused for said suggestion given by them they said  that the opposite party has changed the card type, in the new card  can be used as a credit card, the customer can use the new membership card and their credit limit is upto Rs.60,000/-.  The said amount will be adjusted in the amount  which was paid by the earlier to obtain the Crown card  and they also told  that the Royal Membership card is invalid from July 2015.    On believing the same the complainant has paid another Rs.20000/-  and obtained  receipt for the same.  Again on 12.06.2015 the said customer care officer Yazhni through phone call demanded another Rs.24,000/- for issuing Crown member card and also said if the complainant failed to pay he will not get either Royal membership card or Crown card.  Complainant realized that the opposite party is cheating  and their motive  is only to extract money from the customer.  On 15-06-2015 complainant along with his advocate  approached the opposite party’s office, where another person namely one Vincent,  intervened and said that the said Yazhini and Vijayakumar have given a wrong information whereas the original  value of the Crown membership card is Rs.2,80,000/-, however, considering the complainant being the member of the club for the long period, and demanded the complainant to pay another Rs.24,000/-.  When the complainant refused for the same and demanded refund of entire amount,  the General Manager of the opposite party club asking  excuse for the acts of their above said staff paid another Rs.24,000/- atleast to get the Membership card as a proof for the said transaction.  However finally on 26.06.2015 complainant received the Crown member card and on 29.06.2015  when the complainant went to the Mount Road, Wellington plaza along with his friend, the staff employed there has told that the crown card is invalid without having separate voucher.  When the complainant approached Hussain, over the  phone call, Hussain replied that it will take another ten days to activate the Crown Card and to contact Preethibha Administrative Club of the opposite party.  When the complainant approached the said Preethibha for getting voucher, she told that the complainant has to pay another sum of Rs.30000/- to activate the Crown Card.

5.     The Complainant further stated that by the above act of the opposite party clearly shows that they are well planned money grabber stage by stage they are shifting their responsibility to another person and going on collecting money without any end.  Therefore complainant has given police complaint and legal notice  mentioning that since the attitude of the opposite party is not good,  they not only  committing deficiency of service but also adopting  unfair  trade practice in running of the club.  As such the complainant has demanded the cancellation of his member ship and the amount paid by him.  Whereas the opposite party has refunded only Rs.44,000/- on 20.07.2015, the balance amount of Rs.62,000/-  was not  refunded.  The complainant has stated that the above act of the opposite party amounts to deficiency of service and also unfair trade practice towards the complainant in running of the club. As such complainant has claimed a refund of Rs.62,000/- and compensation of Rs.5,00,000/-.  Further the documents filed by the complainant are proved the payment made by the complainant to the opposite party and also the part payment of refund made by the opposite party to the complainant.  The content of the proof affidavit filed by the complainant are also proves the allegations made against the opposite party in the complaint.  But there is no contra evidence on the side of the opposite party, since the opposite party has remained exparte. 

6.     Therefore we are of the considered view that  the complainant has enjoyed the membership of the opposite party of the club by paying Rs.8000/- from 2009 to 2014 peacefully.  Subsequently in the year 2014 onwards the opposite party has committed deficiency of service and unfair trade practice as mentioned in the complaint towards the complainant in the process of offering Crown Membership to the complainant by collecting Rs.98,000/- on several occasions.  Therefore the opposite party is liable to refund the said  amount of Rs.98,000/-  to the complainant, since the Crown card member ship given by the opposite party was invalid and not used  by the complainant.  Out of the said Rs.98,000/- the complainant has admitted that the opposite party has refunded a sum of Rs.44,000 by Ex.A4.  Therefore the opposite party is liable to refund the  balance amount of Rs.54,000/-  to the complainant.  Further in the process of collecting the amount for issuance of Crown card membership the complainant was troubled and the Crown card issued finally was also  appeared to be invalid.  Therefore such act of the opposite party is amount to deficiency of service and unfair trade practice, which caused mental agony and hardship to the complainant is also acceptable.  Hence the opposite party is liable to pay compensation to the complainant.  However the claim of compensation of Rs.5,00,000/- made in the complaint by the complainant is exorbitant.  Considering the facts and circumstances, we are of the considered view that the opposite party is liable to pay a sum of Rs. 20,000/- as just and reasonable compensation to the complainant and also to pay a sum of Rs.2500/- towards litigation charges. 

In the result, the complaint is partly allowed.  The opposite party is directed to refund a sum of Rs.54,000/- (Rupees Fifty four thousand only)  as balance collected towards the issuance of Crown membership card, to pay a sum of Rs.20,000/-(Rupees twenty thousand only) as compensation and also to pay a sum of Rs.2,500/- (Rupees two thousand and five hundred only) towards litigation charges to complainant  within six weeks from the date of this order, failing which the above said amounts (Rs.54,000/- + Rs.20000/-  = Rs.74,000) will carry interest at the rate of 9% p.a. from the date of order to till the date of payment. 

Dictated to the Assistant transcribed and typed by her corrected and pronounced by us on this the  1^st    day  of  July   2016.

 

 

MEMBER-I                                        MEMBER-II                                           PRESIDENT.

Complainant’s Side documents :

Ex.A1-                    -        - Copy of Membership card.

Ex.A2- 1.7.2015        - Copy of Police complaint with CSR.

Ex.A3- 2.7.2015        - Copy of legal notice issued by the complainant

Ex.A4- 20.7.2013      - Copy of letter with cheque of Rs.44,000/- by the opposite party.

Ex.A5-                    -        - Copy of letter & receipt issued by the opposite party.

Ex.A6-                       - Copy of bank and credit card statement of complainant.  

 

Opposite party’s side documents: -  

 

 .. Nil ..          (exparte)

 

 

 

 

MEMBER-I                                         MEMBER-II                                          PRESIDENT.