Tamil Nadu

South Chennai

CC/201/2015

Mrs.Sreedevi - Complainant(s)

Versus

M/s.CLUB INDIA - Opp.Party(s)

K.shyam Sundar

01 Mar 2018

ORDER

                                                                        Date of Filing :  28.04.2015 

                                                                        Date of Order :  01.03.2018

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.201/2015

 THURSDAY THIS 1^ST  DAY OF MARCH 2018

 

Mrs. Sreedevi,

W/o. Mr.K.Senthil Kumar,

No.3/161, Gangaiamman Kovil Street,

Mettupalayam,

Chennai 600 077.                                             .. Complainant

                                        ..Vs..

 

1.  Club India,

Rep. by its Managing Director,

No.254, Krishna Nagar Main Road,

Somangalam Koot Road,

Kundrathur,

Chennai 600 069.

 

2. The ICICI Bank,

Rep. by its Manager,

Adyar Branch,

No.2/1, L.B.Road,

Adyar, Chennai 600 020.                               .. Opposite parties.

 

Counsel for Complainant         :    M/s.K.Shyam sunder & another    

Counsel for opposite parties    :    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.1,13,000/- with interest and also to pay a sum of Rs.30,000/- towards cost of the complaint.

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

         The complainant submit that  the complainant applied for membership by paying a sum of Rs.18,000/- through her credit cards by HDFC of Rs.5000/- and ICICI for Rs.13,000/-  to the 1^st opposite party.     Further the complainant state that due to non satisfaction of services from the 1^st opposite party, the complaint immediately cancelled the membership since what was assured from the 1^st opposite party.   Hence on 27.9.2013 the complainant cancelled the membership made a complaint to the 2^nd opposite party informing the cancellation of membership and registered complaint related to disbursement of amount and recall the amount.  Since various emails and the reminders sent by the complainant related to complaint in S.R.No.284787280 there is no proper response on the part of the opposite parties.  Hence the complainant issued legal notice to the opposite parties for which the 2^nd opposite party sent reply directing the complainant to approach Banking Ombudsman and has not taken any action to refund the amount.  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 was  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 her evidence, and also Ex.A1 to  Ex.A20  are marked. 

5.   The points for the consideration is: 

1. Whether the complainant is entitled to a sum of Rs.13,000/- paid towards membership fee with interest as prayed for ?

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

6.   POINTS 1 & 2:    Heard the complainant counsel.  Perused the records (viz) compliant, proof affidavit of complainant and documents.   The complainant pleaded and contended that the 1^st opposite party Club India  is an association admitting members for its association. After seeing the attractive offers as per Ex.A1 Boucher and Pamphlet,  the complainant applied for membership by paying a sum of Rs.18,000/- through her credit cards of HDFC for Rs.5000/- and ICICI for Rs.13,000/- respectively to the 1^st opposite party as per Ex.A2 bank statement.   Further the learned counsel for the complainant contended that from the very inception immediately after payment of membership fee of Rs.13,000/- the 1^st opposite party’s performance related to needs and wants were not satisfied.   Hence on 27.9.2013 the complainant cancelled the membership making a complaint to the 2^nd opposite party informing the cancellation of membership and registered the complaint related to disbursement of amount and recall the amount.  Since various emails and the reminders sent by the complainant related to complaint in S.R.No.284787280 there is no proper response on the part of the opposite parties.  Hence the complainant issued legal notice Ex.A16 and Ex.A18 to the opposite parties for which the 2^nd opposite party sent reply Ex.A17 directing the complainant to approach Banking Ombudsman and has not taken any action to refund the amount.  Hence the complainant is constrained to file this case.  But on a careful perusal of Ex.A3 application clause shows that the membership is not refundable.  On the other hand in this case immediately after submitting the application form with membership fee through credit cards without availing any service or benefits from the Club the complainant opted for withdrawal from the membership is not denied.  Considering the facts and circumstances of the case this forum is of the considered view that the opposite parties 1 & 2 are jointly and severally liable to return the amount of Rs.13,000/- (Rupees Thirteen thousand only)  with interest  @ 9% p.a. from the date of this complaint (i.e.) 28.4.2015 to till the date of this order (i.e.) 1.3.2018  and also shall pay compensation of Rs.10,000/-  for mental agony with cost of Rs.5,000/- to the complainant and the points are answered accordingly.

        In the result the complaint is allowed in part.  The  opposite parties 1 & 2 are jointly and severally liable to return the amount of Rs.13,000/- (Rupees Thirteen thousand only)  with interest  @ 9% p.a. from the date of this complaint (i.e.) 28.4.2015 to till the date of this order (i.e.) 1.3.2018  and also shall pay compensation of Rs.10,000/- (Rupees ten thousand only)  for mental agony with cost of Rs.5,000/- (Rupees five thousand only) to the complainant.  

The above  amounts 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  1^st  day  of  March  2018. 

 

 MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1- 1.8.2013    - Copy of Club India Boucher and Pamphlet.

Ex.A2- 23.9.2013  - Copy of HDFC Bank statement.

Ex.A3- 23.9.2013  - Copy of application and payment

Ex.A4-15.11.2013-Copy of mail sent by the complainant to 1^st opp. party.

Ex.A5- 20.11.2013-Copy of mail sent by the complainant to 1^st opp. party

Ex.A6- 15.1.2014 – Copy of mail sent by customer care ICICI bank.

Ex.A7- 16.1.2014- copy of mail sent by complainant to 2^nd opp. party.

Ex.A8- 17.1.2014 – Copy of mail sent by ICICI head service.

Ex.A9- 27.1.2014 – Copy of mail sent by ICICI head services.

Ex.A10- 31.1.2014 –Copy of mail sent by complainant to 2^nd opp. party.

Ex.A11- 31.1.2014 – Copy of mail sent by complainant.

Ex.A12- 31.1.2014 – Copy of mail sent by Head services to the complainant.

Ex.A13- 6.2.2.104 - Copy of mail sent by head services to the complainant.

Ex.A14- 10.2.2014         - Copy of mail sent by Head services to the complainant.

Ex.A15- 11.2.2014 – Copy of mail sent by the complainant to the 1^st opp. party.

Ex.A16- 6.3.2014  -  Copy of legal notice.

Ex.A17- 26.3.2014         - Copy of reply notice.

Ex.A18- 19.2.2015 – Copy of legal notice.

Ex.A19- 23.2.2015 – Copy of notice returned.

Ex.A20-              - Copy of delivery report.

Opposite party’s side document: -     ..Nil..

 

MEMBER-I                         MEMBER-II                             PRESIDENT.