Tamil Nadu

South Chennai

CC/371/2014

M/s.VSN Ganesh Kumar - Complainant(s)

Versus

M/s.Country Vacations - Opp.Party(s)

Party in Person

04 Dec 2018

ORDER

                                                                        Date of Filing  : 22.08.2014

                                                                          Date of Order : 04.12.2018

 

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

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

 

C.C. No.371/2014

DATED THIS MONDAY THE 04^TH DAY OF DECEMBER 2018

                                 

VSN Ganesh Kumar,

Plot No.57, G1-D Block, Sapthagiri Garden,

Ambal Nagar,

Pallikaranai,

Chennai – 600 100.                                                      .. Complainant.                                                          ..Versus..

 

1. The Manager (By Reddy),

Country Vacations,

No.4/22, Ramakrishna Street,

North Usman Road,

T. Nagar,

Chennai – 600 017.

 

2. Mr. Ashok Kumar,

Sales Executive,

Country Vacations,

No.4/22, Ramakrishna Street,

North Usman Road,

T. Nagar,

Chennai – 600 017.                                                 ..  Opposite parties.

          

For complainant                               :  Party in person

 

Counsel for opposite parties 1 & 2 :  M/s. V.T. Narendiran

 

 

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 praying to direct the opposite parties to apologize for all the inconvenience caused to the complainant, to refund a sum of Rs.50,000/- towards membership fee and to pay a sum of Rs.5,00,000/- towards compensation for mental agony with cost of Rs.10,000/- to the complainant.

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

The complainant submits that he and his wife entered into an agreement with the opposite parties and paid a sum of Rs.50,000/- towards Membership Fee.   The complainant submits that the procedure adopted by the opposite parties country vacations are a part of unfair trade practice  because the alleged money transactions made in Chennai but it will be accounted in the office of Hyderabad.  Similarly, the opposite party has given false promises in order to collect huge amounts from various members by way of cheating.    The complainant submits that the service rendered by the opposite parties are very poor.  The gift coupon issued by the opposite parties has not been complied.  Once the complainant approached the opposite parties office at Goa the service is very poor.   The complainant submits that the complainant was offered benefits as mentioned by the opposite party as per the agreement and was called for the presentation at the Country Vacation office as a part of lucky winner and the revised agreement was promised to be sent from the Head Office within a week time which includes the points as per Annex 1.    The complainant submits that due Police complaint lodged against the opposite parties and on negotiation the opposite parties agreed to repay 50% of the amount i.e. Rs.25,000/- which was refused by the complainant as per AIRDA Rules.   The Agreement contains its own terms and conditions which has nothing to do with the contents.    The act of the opposite parties caused great mental agony and hence the complaint is filed.

2.      The brief averments in the written version filed by the  opposite parties is as follows:

The opposite parties specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.    The opposite parties state the complainant and his wife Mrs. V. Srujana entered into an agreement with the opposite parties the contents which are self explanatory.  At no point of time, the opposite parties has given any assurances.   The opposite parties state that the complainant is a member of M/s. Country Vacations a division of M/s. Country Club of India registered under the Companies Act having its own legal personality to sue and sued.   The opposite parties state that knowing fully well that his wife also has signed the agreement the complainant failed to implead his own wife as a party in this case who is a necessary party.  The opposite parties state that the membership fee is non refundable.   The Holiday gift Coupon was not utilized by the complainant  at any point of time.  The complainant without any sanction / permission pleaded such allegations without any basis.  Therefore, there is no deficiency in service on the part of the opposite parties and the complaint is liable to be dismissed.

3.    To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A7 are marked.  Proof affidavit of the opposite parties is filed and no document is marked on the side of the opposite parties. 

4.      The points for consideration is:-

1. Whether the complainant is entitled to get refund of a sum of Rs.50,000/- paid towards membership fee and whether the opposite party is liable to apologize for the alleged inconveniences caused to the complainant?
2. Whether the complainant is entitled to a sum of Rs.5,00,000/- towards compensation for mental agony with cost as prayed for?

5.      On point:-

Both parties filed their respective written arguments. Heard the opposite parties’ Counsel also.  Perused the records namely; the complaint, written version, proof affidavits and documents.  Admittedly, the complainant and his wife entered into an agreement with the opposite parties as per Ex.A6 and paid a sum of Rs.50,000/- towards Membership Fee wherein it is very clearly mentioned as “AND WHEREAS the second party hereby unconditionally gives his / her / their irrevocable consent to this vacation of CCIL understands that THE VACATION CHARGES IS  NON-REFUNDABLE UNDER ANY CIRCUMSTACES and that THE VACATION FEE IS NOT A DEPOSIT”.  Further the contention of the complainant is that the procedure adopted by the opposite parties country vacations are a part of unfair trade practice because the alleged money transactions made in Chennai but it will be accounted in the office of Hyderabad.  Similarly, the opposite party as per Ex.A1 given false promises in order to collect huge amounts from various members by way of cheating.  But on a careful perusal of Ex.A1, it is very clear that the contents in Ex.A1 are the fertile imaginary wordings of the complainant since there is no proof for that.  

6.     Further the contention of the complainant is that the service rendered by the opposite parties was very poor.  The gift coupon, Ex.A2 issued by the opposite party has not been complied and thereby, the complainant was put to great hardship.  Once the complainant approached the opposite parties office at Goa the service was very poor.  But on a careful perusal of entire records, the complainant on his own accord went to Goa against the provisions and procedure mentioned in Ex.A6, Agreement.  Further the contention of the complainant is that the complainant was offered benefits as mentioned by the opposite party as per the agreement  and was called for the presentation at the Country Vacation office as a part of lucky winner and the revised agreement was promised to be sent from the Head Office within a week time which includes the points as per Annex 1.   But none of the document produced to show that the complainant participated in a lucky winner programme and alleged assurances of revised Agreement as per Ex.A1.   Further the contention of the complainant is that due Police complaint lodged against the opposite parties and on negotiation the opposite parties agreed to repay 50% of the amount i.e. Rs.25,000/- which was refused by the complainant as per Ex.A5,  AIRDA Rules.  But on a careful perusal of the records, as per Ex.A6 Agreement, the complainant and his wife alone jointly entered into the membership with the opposite parties.  The complainant has not stated any reason for non impleadment of his wife.   Ex.A6 Agreement contains its own terms and conditions which has nothing to do with the contents in Ex.A1.  The utilisation of Ex.A2 Holiday Gift Voucher, has not been proved by the complainant in order to establish the deficiency of service by the opposite parties. 

7.     The learned Counsel for the opposite parties contended that the complainant and his wife Mrs. V. Srujana entered into an agreement with the opposite parties as per Ex.A6 the contents which are all self explanatory.  The various allegations raised by the complainant as per Ex.A1 has nothing to do with the agreed contract Ex.A6.  The allegations made in Ex.A1 are imaginary.  At no point of time, the opposite parties has given any assurance as mentioned in Ex.A1.   Further the contention of the opposite parties are that the complainant is a member of M/s. Country Vacations a division of M/s. Country Club of India registered under the Companies Act having its own legal personality to sue and sued.   But the complainant filed this case against the staffs of the opposite parties having no role in the administration and maintenance of the Country Vacations and Country Club.  

8.     Further the contention of the opposite parties is that knowing fully well that his wife also signed the agreement the complainant failed to implead his own wife as a party in this case who is a necessary party.  Further the contention of the opposite parties is that as per Ex.A6, the membership fee is non refundable.  The complainant has not pleaded and proved that there is deficiency in service on the part of the opposite party country Vacations.  The alleged Holiday gift Coupon Ex.A2 was not utilized by the complainant  at any point of time and was not proved.  With regard to the allegation that service rendered at Goa is worst and imaginary, the complainant without any sanction / permission as per Ex.A6, Agreement pleaded such allegations without any basis.  Considering the facts and circumstances of the case, this Forum is of the considered view that the complaint has to be dismissed.

In the result, this complaint is dismissed.   No costs.

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 04^th day of December 2018. 

 

MEMBER-I                           MEMBER-II                     PRESIDENT

COMPLAINANT SIDE DOCUMENTS:

Ex.A1	21.07.2013	Copy of fake promises, benefits told by the opposite parties
Ex.A2	21.07.2013	Copy of Vacation voucher as a gift coupon proved by the opposite parties
Ex.A3	31.07.2013	Copy of E-mail follow-ups with opposite party
Ex.A4	10.09.2013	Copy of Doctors Certificate related to L4-S1 Disc Prolapse
Ex.A5	14.05.2014	Copy of police complaint and Commissioner of Police complaint copies
Ex.A6	21.07.2013	Copy of Country Vacations Agreement
Ex.A7	22.08.2014	Copy of list of websites, Blogs and information related to Country Vacations Fraud / Cheating

 

OPPOSITE  PARTIES SIDE DOCUMENTS:- NIL

 

MEMBER-I                           MEMBER-II                     PRESIDENT