Tamil Nadu

South Chennai

CC/76/2016

M/s.R.Govindarajan - Complainant(s)

Versus

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

M.Lenin Samuel

18 Sep 2017

ORDER

                                                                        Date of Filing :  19.02.2016

                                                                        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.76/2016

MONDAY THIS 18^TH DAY OF SEPTEMBER 2017

 

1. Mr. R.Govindarajan,

No.T-2, B Block,

Mahaveer Apartments,

C-4, East Coast Road,

Thiruvanmiyur,

Chennai 600 041.

 

2. Mrs. Sudha Govindarajan,

W/o. Mr.R.Govindarajan,

No.T-2, B Block,

Mahaveer Apartments,

C-4, East Coast Road,

Thiruvanmiyur,

Chennai 600 041.                                               .. Complainants

                                        ..Vs..

 

1. M/s. Grand Heritage Vacations,

No.561, 32^nd Cross Street,

4^th Block, Jayanagar,

Bangalore 560 011.

 

2. M/s. Wins Club India Pvt. Ltd.,

G-135-C, Phase III,

Spencers Plaza,

Anna Salai,

Chennai 600 002.

 

3. Wins Club India Pvt. Ltd.,

Administrative Office,

No.17, Swamy Square,

3^rd Cross Street Extension,

Vijayanagar, Velachery,

Chennai 600 042.                                           .. Opposite parties

 

 

Counsel for Complainants             :    M/s. Lenin Samuel.    

Counsel for opposite parties 1 & 2 :    Exparte  

Counsel for opposite party-3        :    Dismissed for default.   

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 cancel the vacation ownership purchase agreement dated 22.5.2014 and to refund a sum of Rs.80,000/- with interest and also to pay a sum of Rs.1,00,000/- as compensation and also to pay cost of the complaint.

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

        The complainant submit that the 2^nd opposite party came in contact  with the complainants during the month of May 2014, through Tele Marketing  stating that  the 1^st opposite party is a grand holiday club doing such operations for over a decade with due promise.   Thereafter the sales executive of the 2^nd opposite party invited the 1^st complainant to their office at Spencers Plaza and represented that cost free accommodation of studio type room for 15 days in two slots at their own resorts or affiliated resorts  with accommodation can be given for 8 persons at a time, on payment of Rs.80,000/- is made in a lump sum to the 2^nd opposite party, the domestic air fare of Rs.10,000 /-  will also be refunded during such holiday resort.   On  such belief  the complainants paid a sum of Rs.80,000/- to the 2^nd opposite party towards the cost price of the holiday resort and entered into purchase agreement dated 22.5.2014.  After enrolling as member of the club in the month of July 2014 the 1^st complainant requested the co-coordinator on 20.7.2014 to arrange for a function hall to celebrate  their granddaughter’s  birth day in resorts at ECR Chennai on 10.8.2014. 

2.     Further the complainants state that initially the  opposite parties informed the 1^st complainant that the booking was confirmed for function on 10.8.2014.   But later on 9.8.2014 morning at the last moment after they invited the guests they were informed that the hall was not available on that day i.e. 10.8.2014.   The complainants also state that  opposite parties  not provided the membership card.   On the other hand demanded a sum of Rs.4,000/- towards annual remittance fee on or before 28.8.2014 before the completion of one year of membership.   On 23.8.2014 the complainants requested the 2^nd opposite party for arrangement for accommodation at Udupi, Karnataka State to spend  their holidays on 2.9.2014 to 6.9.2014 for which the 1^st opposite party replied that no accommodation available and all the accommodation are full.   The complainants further requested to provide the resort at Coorg for 3.9.2014 for which also they replied that no rooms available.  On  10.9.2014 when the complainants requested for an accommodation at Goa for stay from 24.12.2014 to 2.1.2015 the opposite parties gave an evasive reply.  Hence the complainant requested the opposite parties to cancel the agreement and to refund the amount of Rs.80,000/- paid towards purchase of vacation ownership agreement; since the opposite parties has not properly responded.    The complainants also  issued legal notice dated 10.2.2015 for which there is no reply.     As such the act of the opposite parties amounts to deficiency in service which caused mental agony and hardship to the complainant.

3.     Inspite of receipt of notice the opposite parties did not appear before this forum and therefore the opposite parties 1 & 2 were  set exparte.  

4.     Though the  opposite parties 1 & 2  remained exparte this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

5.     In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainants as their evidence, and also Ex.A1 to  Ex.A17  are marked.

 

6.     The points for consideration is :

1. Whether the complainant is entitled the relief of cancel the vacation ownership purchase agreement dated 22.5.2014 and to get refund a sum of Rs.80,000/- with interest as prayed for ?

 

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

 

 

7.    POINTS 1 & 2:-

        Heard the complainants’ counsel.  Perused the records.  The learned counsel for the complainant contended that the 2^nd opposite party came in contact with the complainants during the month of May 2014, through Tele Marketing  stating that the  1^st opposite party is a grand holiday club doing such operations for over a decade with due promise.   Thereafter the sales executive of the 2^nd opposite party invited the 1^st complainant to their office at Spencers Plaza and represented that cost free accommodation of studio type room for 15 days in two slots at their own resorts or affiliated resorts  with accommodation can be given for 8 persons at a time, on payment of Rs.80,000/- is made in a lump sum to the 2^nd opposite party, the domestic air fare of Rs.10,000 /-  will  also be refunded during such holiday resort.   On such belief the complainants paid a sum of Rs.80,000/- to the 2^nd opposite party towards the cost price of the holiday resort and entered into purchase agreement dated 22.5.2014 as per Ex.A1.  After enrolling as member of the club in the month of July 2014 the 1^st complainant requested the co-ordinator on 20.7.2014 to arrange for a function hall to celebrate their grand daughter’s birth day in resorts at ECR Chennai on 10.8.2014.   Initially the  opposite parties informed the 1^st complainant that the booking was confirmed for function on 10.8.2014.   But later on 9.8.2014 morning at the last moment after they invited their guests they were informed that the hall was not available on that day i.e. 10.8.2014.   The attitude of the opposite parties put the complainants to great hardship and mental agony they informed their relatives about the cancellation resulting loss of reputation.  

8.     Further the learned counsel for the complainants contended that the opposite parties not provided  the membership card.   On the other hand demanded a sum of Rs.4,000/- towards annual remittance fee on or before 28.8.2014 before the completion of one year of membership.   On 23.8.2014 the complainants requested the 2^nd opposite party for arrangement for accommodation at Udupi, Karnataka State to spend their holidays on 2.9.2014 to 6.9.2014 for which the 1^st opposite party replied that no accommodation available and all the accommodation are full.   The complainant further requested to provide the resort at Coorg for 3.9.2014 for which also the reply is no rooms available.  On  10.9.2014 when the complainants requested for an accommodation at Goa for stay from 24.12.2014 to 2.1.2015 the opposite parties gave an evasive reply.  Hence the complainant requested the opposite parties to cancel the agreement and to refund the amount of Rs.80,000/- paid towards purchase of vacation ownership agreement.  Since the opposite parties has not properly responded, the complainants were constrained to issue registered letter and legal notice dated 10.2.2015 for which there is no reply.  Hence  the complainants were constrained to file this case.   Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite parties 1 to 3 jointly and severally shall refund a sum of Rs.80,000/- toward purchase of vacation ownership with interest at the rate of 9% from the date of this complaint i.e. 19.2.2016 to till the date of this order i.e. 18.9.2017 and also shall pay compensation of Rs.10,000/- with cost of Rs.5,000/- to the complainants and the points are answered accordingly.

        In the result the complaint is allowed in part.  The opposite parties 1 to 3  are jointly and severally liable to refund a sum of Rs.80,000/- (Rupees Eighty thousand only) toward purchase of vacation ownership with interest at the rate of 9% p.a. from the date of this complaint i.e. 19.2.2016  to till the date of this order i.e. 18.09.2017 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 complainants.

The above  amounts shall be payable within six weeks from the date of receipt of the copy of the 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- 22.5.2014  - Copy of Vacation Ownership Purchase agreement.

Ex.A2-         -       - Copy of List of Grand Holiday Associate resorts.

Ex.A3-         -       - Copy of List of Odour + Resorts and Facilities.

Ex.A4- 22.5.2014  - Copy of Holiday Gift voucher issued by the 2^nd opp. party.

Ex.A5- 22.5.2014  - Copy of receipt issued by the 2^nd opp. party.

Ex.A6-         -       - Copy of Odour + Club Card.

Ex.A7- 28.5.2014  - Copy of letter of the 2^nd opp. party to 1^st complainant.

Ex.A8- 30.5.2014  - Copy of letter of the 2^nd opp. party to  1^st complainant.

Ex.A9- 20.6.2014  - Copy of letter from the 3^rd opp. party to 1^st complainant.

Ex.A10- 9.7.2014  - Copy of letter from the 1^st opp. party to 1^st complainant.

Ex.A11- 12.8.2014         - Copy of letter from the 1^st opp. party to 1^st complainant.

Ex.A12- 1.10.2014         - Copy of returned Postal cover.

Ex.A13- 10.10.2014- Copy of letter from the 1^st opp. paty to the 1^st complainant.

Ex.A14- 10.2.2015         -  Copy of Lawyer’s notice.

Ex.A15-       -       - Copy of Ack.

Ex.A16- 15.7.2015         - Copy of lawyers notice.

Ex.A17-       -       - Copy of email communication between the parties.

 

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

 

MEMBER-II                                                                   PRESIDENT