Tamil Nadu

South Chennai

CC/121/2016

M/s.Lakshmi Narayanan - Complainant(s)

Versus

M/s.City Club (India) Pvt Ltd - Opp.Party(s)

S.Karunamoorthy

03 Oct 2017

ORDER

                                                                        Date of Filing :   01.04.2016

                                                                        Date of Order :   03.10.2017

DISTRICT CONSUMER DISPUTE 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

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

C.C.NO.121/2016

THURSDAY THIS  5^TH DAY OF OCTOBER 2017

 

Lakshmi Narayanan,

S/o. B.T.Subramaniam,

No.6/73, Door No.5,

1^st Floor, D.R.Ramdoss Street,

Medavakkam, Chennai 600 100.                         .. Complainant

 

                                        ..Vs..

 

1.  M/s. City Club (India) Private Limited,

Having registered office at,

No.16, Lane, Vijayaraghava Road,

T.Nagar, Chennai 600 017.

 

2. Mr. Karuppiah Rajendran,

Director of City Club (India) Private Limited,

Residing at

No.58-I, Ward No.122,

2^nd Avenue, Ashok Nagar,

Chennai 600 083.

 

3. Mrs. Karpagam Rajendran,

Director of City Club (India) Private Limited,

Residing at

No.58-I, Ward No.122,

2^nd Avenue, Ashok Nagar,

Chennai 600 083.

 

4. City Club (India) Private Limited,

Having Head office at

No.146, Habibullah Road,

T.Nagar,

Chennai 600 017.

 

 

5. Mr. Pandian,

Branch Manager,

City Club (India) Private Limited,

Having Corporate Office at

1/50, Sivan Koil Street,

Kodambakkam,

Chennai – 24.

LM: EB office.

 

6. Mr. Nirmal,

Executive

City Club (India) Private Limited,

Having Corporate Office at

1/50, Sivan Koil Street,

Kodambakkam,

Chennai 24.

LM: EB office.                                       .. Opposite parties.

 

Counsel for Complainant                 :    M/s. S.Karunamoorthy & others      

Counsel for opposite parties1 to 6    :    Exparte.

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act 1986 seeking direction to pay a sum of Rs.17,000/- with interest and also to pay  a sum of Rs.3,00,000/- towards mental agony and Rs.10,000/- towards cost of the complaint.

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

         The complainant submit that during the month of the January 2015 the 1^st opposite party’s tele caller one Ms. Priya contacted the complainant over phone and  discussed the importance benefits of Life Membership card of Club at HCL Technologies after fixing appointment sweet words and the impressive best benefits made the complainant become a member of 1^st opposite party club.   The complainant paid a sum of Rs.500/- by way of cash for registration and paid and a sum of Rs.16,000/- towards membership fees on 27.1.2015.   But the opposite parties has not issued any membership card as assured within 15 days. Thereafter the opposite parties sent letter through courier stating that the  complainant membership care has been activated but the courier cover contained no such membership card.   Hence the complainant visited head office and corporate office of 2^nd opposite party during the 2^nd week of May 2015 informing the fact and requests to issue membership card.  But the opposite parties neglected to do that.  Hence  on 23.6.2015 the complainant sent an email to the opposite parties to cancel the membership and requested to refund the deposit amount.   The opposite parties had failed to reply.    As such the act of the opposite parties clearly amounts to gross deficiency in service and thereby caused harassment, mental agony  and hardship to the complainant.  Hence the complaint is filed.

2.     Inspite of receipt of notice the opposite parties  did not appear before this forum and therefore the opposite parties were  set exparte.  

3.     Though the  opposite parties  remained exparte this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

4.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to  Ex.A7  are marked. 

 

5. POINTS  1 & 2: -

1. Whether the complainant is entitled to a sum of Rs.17,000/- with interest as prayed for ?
2. Whether the complainant is entitled to a sum of Rs.3,00,000/- towards mental agony with cost as prayed for ?
6.  

        Heard the complainant counsel.  Perused the records.   The learned counsel for the complainant contended that during the month of  January 2015 the 1^st opposite party’s tele caller one Ms. Priya contacted the complainant over phone and  discussed the importance and benefits of life Membership card of Club at HCL Technologies after fixing appointment using sweet and the impressive words best benefits words explained the made the complainant become a member of 1^st opposite party club.   The complainant paid a sum of Rs.500/- by way of cash for registration and paid a sum of Rs.16,000/- towards membership fees on 27.1.2015.   But he opposite parties has not issued any membership card as assured within 15 days. Thereafter the opposite parties sent letter through courier stating that the complainant membership card has been activated but the courier cover contained no such membership card.   Hence the complainant visited the head office and corporate office of the 2^nd opposite party during the 2^nd week of May 2015 informing the fact and requested to issue membership card.  But the opposite parties neglected to do that.  Hence  on 23.6.2015 the complainant sent an email to the opposite parties to cancel the membership and requested to refund the deposit amount.   The opposite parties had failed to reply.   Even after repeated demands the opposite parties neglected  to comply the request of the complainant which amounts to unfair trade practice and deficiency of service.  Hence the complainant was constrained to file this case claiming for the refund of a sum of Rs.17,000/- with interest and Rs.3,00,000/- towards mental agony.  But the complainant has not proved the such huge claim towards mental agony.  Considering the facts and circumstances of the case this Forum is of the considered view that the opposite parties 1 to 6 are jointly and severally liable to pay a sum of Rs.17,000/- paid towards life membership fees with interest at the rate of 9% p.a. from the date of complaint i.e. 1.4.2016 to till the date of this order i.e. 3.10.2017  and also shall pay compensation of Rs.10,000/- towards mental agony with cost of Rs.5,000/- and the points are answered accordingly.

In the result the complaint is allowed in part.The opposite parties 1 to 6 are jointly and severally liable to pay a sum of Rs.17,000/- (Rupees Seventeen thousand only) towards life membership fees with interest at the rate of 9% p.a. from the date of complaint i.e. 1.4.2016 to till the date of this order i.e. 3.10.2017 and also shall pay compensation of Rs.10,000/- (Rupees ten thousand only) towards mental agony with cost of Rs.5,000/- (Rupees five thousand only) to the complainant

The aboveamounts shall be payable within 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 Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 3^rd day  of  October  2017.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1-   21.1.2015         - Copy of receipt for Rs.500/-

Ex.A2-  27.1.2015 - Copy of receipt for Rs.16,500/-

Ex.A3-         -       - Copy of letter issued by the opposite parties.

Ex.A4- 23.6.2015  - Copy of email sent by complainant to the opp. parties.

Ex.A5- 13.1.2016  - Copy of legal notice.

Ex.A6-         -       - Copy of Ack. Card.

Ex.A7- 27.1.2016  - Copy of reply issued by all the opposite parties.

 

Opposite parties’ side document: -     

 

MEMBER-I                        MEMBER-II                             PRESIDENT.