Tamil Nadu

South Chennai

CC/306/2016

R.Venkataramani - Complainant(s)

Versus

M/s.Odours Farms & Resorts Ltd - Opp.Party(s)

M/s.Sampath Kumar Associate

18 Sep 2017

ORDER

                                                                        Date of Filing :  22.07.2016

                                                                        Date of Order :  18.09.2017

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            

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

C.C.NO.306/2016

 MONDAY THIS 18^TH  DAY OF SEPTEMBER 2017

 

Sri. R. Venkataramani,

W 17/12, Park Road,

Annanagar West Extension,

Chennai 600 101.                                        .. Complainant

 

                                        ..Vs..

 

M/s. Odour Farms & Resorts Limited,

Rep. by its General Manager,

Mr.T.K. Nandagopal,

Having office at No.6/1, Bharathi Apartment,

First Floor, Bharathi Nagar, III Street,

North Usman Road, T.Nagar,

Chennai 600 017.                                       .. Opposite party.

 

Counsel for Complainant             :    M/s.Sampathkumar & Associates       

Counsel for 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 seeking direction to refund a sum of Rs.28,000/- with interest and also to pay a sum of Rs.1,00,000/- towards compensation for mental agony with cost of the complaint.

 

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

        The complainant submit that the opposite party is the limited liability company incorporated under the Companies Act.  The opposite party informed the complainant that it has a club at Anna Nagar.   The opposite party established a Club near Blue Star including Swimming pool, Gymnasium and canvassed the complainant to become a member of the club.   The complainant also state that he in good faith paid a sum of Rs.28,000/- on 3.1.2016.  But the opposite party after receiving the amount issued receipt purposely  dated  as 3.1.2015, the reason for which is not known.    The complainant expected that the opposite party made upon the club but till date the opposite party would open opened the club at Anna Nagar.  Hence the complainant demanded to refund the amount of Rs.28,000/- with interest.  Accordingly the complainant sent letters dated 12.1.2016 and 6.2.2016 but the opposite party has not given any reply.   On 14.4.2016 the opposite party sent an evasive reply stating that they have not given any assurance for such club and there is no scope.       As such the act of the opposite party is amounts to deficiency in service which caused mental agony and hardship to the complainant.

2.     Inspite of receipt of notice the opposite party  did not appear before this forum and therefore he was  set exparte.  

3.     Though the  opposite party  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.A6  are marked.   

5.  POINTS  1 & 2: -

 

1. Whether the complainant is entitled to a sum of Rs.28,000/- with interest at the rate of 18% p.a. as prayed for ?

 

2. Whether the complainant is entitled to a sum of Rs.1,00,000/- towards compensation for mental agony,  unfair trade practice and deficiency of service with cost as prayed for ?

 

6.  

The complainant pleaded and contended that the opposite party is the limited liability company incorporated under the Companies Act.The opposite party informed the complainant that it has a club at Anna Nagar.The opposite party established a Club near Blue Star including Swimming pool, Gymnasium and canvassed the complainant to become a member of the club.The complainant in good faith paid a sum of Rs.28,000/- on 3.1.2016 as per Ex.A2.But the opposite party after receiving the amount issued receipt purposely as dated 3.1.2015 the reason for which is not known.The complainant expected that the opposite party would open the club but till date the opposite party has not opened the club at Anna Nagar.Hence the complainant demanded to refund the amount of Rs.28,000/- with interest.The complainant sent letters Ex.A3 & Ex.A4 dated 12.1.2016 and 6.2.2016 but the opposite party has not given any reply.On 14.4.2016 the opposite party sent an evasive reply Ex.A6 stating that they have not given any assurance for such club and there is no scope.But in the reply notice itself there are resorts showingthe details of the club and demands of the amount and issued boucher etc.As such the act of the opposite party is squarely coming under the purview of deficiency of service and unfair trade practice.Considering the facts and circumstances of the case this forum is of the considered view that the opposite party shallpay a sum of Rs.28,000/- with interest at the rate of 9% p.a. from the date of this complaint i.e. 22.7.2016 to till the date of this order i.e. 18.4.2017and also shall pay compensation of Rs.3,000/- towards mental agony and cost of Rs.2,000/- and the points are answered accordingly.

In the result the complaint is allowed in part.The opposite party shallpay a sum of Rs.28,000/- (Rupees Twenty eight thousand only) with interest at the rate of 9% p.a. from the date of this complaint i.e. 22.7.2016 to till the date of this order i.e. 18.9.2017and also shall pay compensation of Rs.3,000/- (Rupees Three thousand only) towards mental agony and cost of Rs.2,000/- (Rupees two 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  18^th   day  of  September  2017.  

 

MEMBER-II                                                                   PRESIDENT.

Complainants” side documents:

 

Ex.A1- 3.1.2015    - Copy of receipt for Rs.28,000/- issued by the opp. party.

Ex.A2- 3.1.2016    - Copy of proof of payment of Rs.28,000/- paid to the

                              opp. party.

Ex.A3- 12.1.2016  - Copy of letter sent by the complainant to the opp. party.

Ex.A4- 6.2.2016    - Copy of letter sent by the complainant to opp. party.

Ex.A5- 24.3.2016  - Copy of legal notice sent by the complainant’s counsel.

Ex.A6- 14.4.2016  - Copy of reply notice.

 

 

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

 

MEMBER-II                                                                   PRESIDENT.