DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, PALAKKAD

Dated this the 22^nd day of December, 2022

Present : Sri.Vinay Menon V., President

             : Smt.Vidya A., Member                

              : Sri.Krishnankutty N.K., Member                              

Date of Filing: 23.05.2022

CC/91/2022

       Mohammed Sheriff

       Kuranagatt Valappil House,

       Koottand (P.O), Pattambi Taluk,

       Palakkad Dist. 679 533                              -               Complainant

       (By Adv. Vijeesh.N.P)

Vs

          1. Pradeep,

          Manager, 

          Represented by Karma Resorts

          and Hospitality LLP, 2^nd floor 36/1552,

          MES Building Kaloor- Kochi. - 682 017.

      2.  Akhil Prasad,

           Area Manager of Karma Resorts and

           Hospitality LLP, 2^nd floor 36/1552,

           MES Building Kaloor- Kochi. - 682 017.

      3. The Managing director

           Karma Resorts and Hospitality LLP

           Iscon Emporio, 331, 3^rd Floor,Satellite,

           Ahamedabad, Gujarat- 380 015                -                  Opposite parties

           (All opposite parties ex-parte)

O R D E R 

By Smt.Vidya A., Member

1. Pleadings of the complainant in brief.

The complainant had applied for the membership of Karma Hospitality Resorts LLP of which the 1^st opposite party is the Manager (Kochi), 2^nd opposite party, Area Manager and 3^rd opposite party is the MD respectively.  The opposite parties issued membership to the complainant with No.14268. As per the membership, the complainant is entitled to book room in Five/four star hotels.  They also offered tour package for 15 nights stay for 2 Adults and one child.  The expiry period of the membership card is in May 2024.  Total membership fee is Rs.45,000/-  Advance amount Rs. 15,000/- was collected from the complainant directly  on 25.04.2021 by one of the staffs of opposite parties.  The balance amount of Rs. 5000/- was transferred to opposite party’s account through Google pay on 27.05.2021 and Rs. 10,000/- on 10.06.2021.  On 11/07/2021, the complainant transferred 10,000/- to the opposite party’s account through online pay and on 13/08/2021 he transferred Rs. 10,000/-.  Thus he paid an amount of Rs. 45,000/- to the opposite parties.

      After remitting the entire fee, the complainant tried to book rooms in the resort on line through opposite party’s website.  But he could not book rooms. He contacted the opposite parties for resolving the issue. The 1^st opposite party informed him that at present he could not book rooms in Five star/ Four star hotels; but can book in hotels below that grade. Then the complainant demanded refund of Rs. 45,000/- paid as membership fee; but the opposite parties were not willing to refund that amount.

      The Deficiency in service on the part of the opposite parties had caused great loss to the complainant. The conduct of the opposite parties had caused mental and financial loss to the complainant. So this complaint is filed to direct the opposite parties to refund the membership fee of Rs. 45,000/- with interest and to pay Rs. 1,00,000/- as compensation for the  mental agony and financial loss suffered by him and such other reliefs as the commission finds fit and proper to grant.

2. Complaint was admitted and notices were issued to the opposite parties. Notice to opposite party 1& 2 returned as ‘unclaimed’.  Notice was served on opposite party 3; but they did not appear before the Commission, So all the opposite parties were set ex-parte.

3. The points arising for consideration in this case are as follows:

        1. Whether there is any Deficiency in service on the part of the opposite   

            parties?

        2. Whether the complainant is entitled to the reliefs claimed?

        3. Reliefs as cost and compensation.

4. Complainant filed Proof Affidavit in evidence and Exhibit A1 to A5 were marked from his side. Evidence closed and heard the complainant.

5. Point No: 1

The complaint pleadings are to the effect that the complainant applied for membership from Karma Hospitality Resort LLP of which the 1^st opposite party is the Manager, Kochi Branch, 2^nd opposite party is the Area manager Kochi and 3^rd opposite party is its Managing Director.  The complainant paid a total amount of Rs. 45,000/- to the opposite parties on different occasions and they issued the membership.  The expiry of the membership card is on 2024 May.  As per the membership, the complainant is entitled to book rooms in Five Star/ Four star resorts.  The opposite parties also offered tour packages for 15 nights stay in resorts for 2 Adults and one child.

6. The complainant produced the membership letter (copy) issued by the opposite party which is marked as Exhibit A1.  Exhibit A2 to A4 are the Google pay receipts showing the payment made by the complainant to the opposite parties.  Exhibit A2 dated 27^th May, shows the payment of Rs. 5000/- Exhibit A3 dated 10^th June, and Exhibit A4 dated 11^th July 2021, shows payment of Rs. 10,000/- each and Exhibit A5 dated 13^th August 2021, shows payment of Rs. 10,000/- So he made payment of Rs. 35,000/- through online.  As per the complaint, an advance amount of Rs. 15,000/- was collected directly from the complainant by one of the staffs of opposite parties.  So the total amounts to Rs. 50,000/- Eventhough the complainant claims he had paid Rs. 45,000/- he produced evidence for the payment of Rs. 35,000/- only.

7. Complainant’s grievance is that after the payment of membership fee, he tried to book in Five star/Four star resorts through the website of the opposite party.  When he could not book room, he contacted the 1^st opposite party and he informed the complainant that the complainant can book rooms only in low classified hotels.  Aggrieved by this, the complainant asked for the refund of the amount which the opposite parties were not ready to pay.

8. The opposite parties did not appear before the Commission and file their version.  1^st and 2^nd opposite parties notice returned as ‘unclaimed’ and the 3^rd opposite party even after receiving the notice, did not appear before the Commission.  So all opposite parties were set ex-parte.  Since the opposite parties remained ex-parte, the evidence adduced by the complainant stands unchallenged.

9. There is Deficiency in service on the part of the opposite party in not providing the service offered by them even after the receipt of payment.  Point No: 1 is found in favour of the complainant.

Point No: 2 & 3

10. Complainant paid the membership fee believing the offer made by the opposite party.  When he could not get the benefits offered, he would have definitely undergone mental agony which resulted in filing this complaint causing financial and other difficulties.  So the opposite parties are jointly and severally liable to compensate the complainant for that.  Eventhough the complainant claimed that he paid the membership fee of Rs. 45,000/- he had produced the payment receipts for Rs. 35,000/- only.  So we are inclined to allow that amount only.

           In the result, the complaint is allowed. 

           We direct the opposite parties jointly and severally

1. To refund Rs. 35,000/- with interest at 9% from 13.08.2021 till realization.
2. We further direct the opposite parties to pay Rs. 15,000/- as                compensation for their Deficiency in service, Rs. 10,000/- for the mental agony and financial loss suffered by the complainant and Rs. 5000/- as cost of this litigation.

The opposite parties are directed to comply with this order within 45 days from the date of receipt of the copy of this order, failing which the opposite parties shall pay to the complainant Rs.250/- per month or part thereof until the full and final settlement of this order.    

                Pronounced in open court on this the 22^nd day of December 2022. 

                                                                                          Sd/-

                                                                          Vinay Menon V

                                                                             President

                                                     Sd/-

            Vidya.A

                          Member  

                                                                                          Sd/-                                                                                        

                                                                              Krishnankutty N.K.

                                                                                        Member

APPENDIX

Exhibits marked on the side of the complainant

Ext.A1 - Membership letter issued by the opposite party to the complainant

Ext.A2 - Google pay Receipt Dated: 27.05.2021

Ext.A3 - Google pay Receipt Dated: 10.06.2021

Ext.A4 - Receipt issued by the opposite party to the complainant

             dated:11.07.2021.

Ext.A5 - Receipt issued by the opposite party to the complainant

             dated:13.08.2021.

Exhibits marked on the side of the opposite party- Nil

Witness examined from the side of complainant- Nil

Witness examined from the side of opposite parties- Nil

Cost- 5,000/-

NB:  Parties are directed to take back all extra set of documents submitted in the proceedings in accordance with Regulation 20(5) of the Consumer Protection (Consumer Commission Procedure) Regulations, 2020 failing which they be weeded out.