Kerala

Thiruvananthapuram

CC/17/2022

Dr.Muhammed Sanoop A V - Complainant(s)

Versus

Rajeev Reddy - Opp.Party(s)

27 Jul 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION VAZHUTHACADU THIRUVANANTHAPURAM

PRESENT

   SRI.P.V.JAYARAJAN           : PRESIDENT

SMT.PREETHA.G.NAIR          : MEMBER

SRI.VIJU.V.R                         : MEMBER

 

CC.NO.17/22 (Filed on : 10/01/2022)

ORDER DATED : 27/07/2022

COMPLAINANT

Dr.Muhammed Sanoop.A.V,

S/o.Dr.T.V.Kunhikannan,

TC.30/1015, Soja Manzil, Mosque Lane,

Pettah.P.O, Thiruvananthapuram,

Pin – 695024

 

(Party in person)

                                                VS

OPPOSITE PARTIES

1. The Manager / Owner,

Y.Rajeev Reddy, Country Club Hospitality & Holidays Limited

Corporate Office:- Country Club Kool,

# 6-3-1219, 4^th Floor, Begumpet, Hyderabad – 16,

Regional Office:

Amrutha Castle, 5-9-16, Saifabad, Secretariat, Hyderabad – 500063

CIN No.L70102AP1991PL Co12714

 

2. Kerala Branch,

Country Club & vacation,

Capitol Centre, 4C, 4^th Floor, Opposite Secretariat,

M.G.Road, Palayam, Thiruvananthapuram- 695001

 

1.  

ORDER

SRI.P.V.JAYARAJAN      : PRESIDENT

1.       This complaint is filed under section 35 of Consumer Protection Act 2019 and stood over to this date for consideration and this Commission passed the following order.

2.       This is a complaint filed by the complainant against the opposite parties alleging deficiency in service on the part of the opposite parties. After admitting the complaint, notice was issued to the opposite parties. On the date fixed for appearance of opposite parties ie 9/02/2022 one counsel represented for opposite parties 1 & 2 and proposed to appear for both the opposite parties. The case was adjourned to 16/03/2022 and subsequently to 05/04/2022 for filing vakalath and version of opposite parties. On 05/04/2022 as the opposite parties not filed vakalath or version, the opposite parties were called absent and set exparte. The case of the complainant in short is that the complainant is a member of Country Club run by the opposite parties by paying a sum of Rs.1,35,000/- in 2017 and later the complainant has paid an additional charge of Rs.68,500/- in 2018 and another Rs.10,001/- in 2020.  As per the agreement, the complainant is eligible to use the Country Club Resort without any charge till 2032. But in the month of November 2021 when the complainant tried to book resort in Mahabalipuram, Tamil Nadu for the dates from 18^th December 2021 to 20^th December 2021, the complainant was asked to pay Rs.1400/- to further proceed with online booking. The demand of Rs.1400/- from the complainant who is a member of Country Club is illegal arbitrary and amounts to deficiency in service. Hence the complainant approached this Commission for redressing his grievances.

3.       The opposite parties have not filed any written version or evidence as they were declared exparte.

4.       The evidence in this case consists of PW1 and Exts.P1 to P4. The opposite parties being declared exparte, there is no oral or documentary evidence from the side of the opposite parties.

The points to be considered in this case

1. Whether there is any deficiency in service or unfair trade practice on the part of the opposite parties.
2. Whether the complainant is entitled for the relief claimed in the complaint.
3. Order as to cost.

5.       Heard. Perused records and affidavit. To substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Exts.P1 to P4 were produced and marked. Ext.P1 is membership allotment letter. Ext.P1 (a) is the vacation agreement. Ext.P2 is the screen shot of booking details. Ext.P2 (1) is the screen shot showing demanding Rs.1,400/- as utility price. Ext.P3 is receipt details regarding the payment of membership fee by the complainant. Ext.P3 (a) is the copy of the receipt for payment of Rs.85,000/- by the complainant. Ext.P4 is the copy of VIP special holidays activation scheme. As the opposite party was declared exparte, there is no oral or documentary evidence to discredit the evidence adduced by the complainant. Hence the evidence adduced by the complainant stands unchallenged. By swearing an affidavit as PW1 and by marking Exts.P1 to P4, we find that the complainant has succeeded in establishing his case against the opposite parties. In the absence of any contra evidence from the side of the opposite parties, we accept the evidence adduced by the complainant. From the available evidence before this Commission we find that there is deficiency in service and unfair trade practice on the part of the opposite parties. We further find that the complainant has suffered mental agony as well as discomforts due to the action on the part of the opposite parties. As the sufferings of the complainant was due to the deficiency in service and unfair trade practice on the part of the opposite parties, we find that the opposite parties are jointly and severally liable to compensate the loss sustained by the complainant.

              In the result, the complaint is partly allowed. The opposite parties are jointly and severally directed to pay a sum of Rs.50,000/- to the complainant with Rs.2500/- being the cost of this proceedings within 30 days from the date of receipt of this order, failing which the amount except cost shall carry an interest at the rate of 9% per annum from the date of order till the date of remittance / realization.   

                  A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

        Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Commission, this the 27^th day of July 2022.

 

                                                                              Sd/-

P.V.JAYARAJAN    : PRESIDENT

                                                                                       Sd/-

        PREETHA G NAIR      : MEMBER

                                                                                          Sd/-

                          VIJU.V.R        : MEMBER

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Be/

APPENDIX

CC.NO.17/2022

List of witness for the complainant

PW1                      - Dr.Muhammed Sanoop

Exhibits for the complainant

Ext.P1                   Membership allotment letter

Ext.P1 (a)              the vacation agreement

Ext.P2                   The screen short of booking details.

Ext.P2 (a)              The screen short showing demanding Rs.1,400/- as utility price.

Ext.P3                   The receipt details regarding the payment of membership fee

by the complainant.

Ext.P3 (a)             The copy of the receipt for payment of Rs.85000/- by the complainant.

Ext.P4                   The copy of VIP special holidays activation scheme.

 

 

                                                                                         Sd/-

                                                                                PRESIDENT