Sri. P. Satheesh Chandran Nair (President):

                   The complainant filed this petition u/s.12 of the C.P. Act 1986 for getting a relief against the opposite party.

                   2. The case of the complainant is stated as follows:  The complainant is an advocate in profession at Pathanamthitta.  During the year 1993, the opposite party published an advertisement through leading newspapers stating that a refundable deposit and offering membership in various categories such as Gold Card Membership for Rs.15,000/- and Silver Card Membership for Rs.10,000/- in Family Health Care Club (FHCC) for a period of 10 years.  As per this scheme the members should be eligible for free treatment allowance of Rs.2,000/- .  If this free allowance were not used in full, the balance subject to a maximum of Rs.1,000/-, representing 50% of the total of free treatment allowance would be credited yearly to the account of the member which was refundable along with the principal amount upon maturity.  According to the complainant, for this purpose the opposite party used the name of the erstwhile royal family name of Travancore Raja.  On the basis of this advertisement the complainant deposited Rs.10,000/- with the opposite party and became a silver card member in the Family Health Care Club (FHCC).  His membership number is SC-220.  On September 2003 the opposite party had paid a free treatment allowance of Rs.1,161/- to the complainant through a demand draft.  The complainant renewed the above said deposit for a further period of 10 years on September 2003.  The wording of the above said FHCC is as follows:-  “This is to certify that Sri. Rajan Thomas of Rajvihar, Vettoor. P.O., Pathanamthitta – 689 653 and his members of the family whose names are given overleaf are admitted as members to the Silver Card Health Club.  The membership fee of Rs.10,000/- and 50% of unused amount from the total free allowance of Rs.20,000/- would be returned to the head of the family or successor if the membership is not renewed after 10 years i.e. 14^th day of September 2013”.  The complainant further stated that the renewed deposit was matured on 14^th September 2013.  Subsequently no further request had been made by the complainant for a further renewal.  On 11.04.2014 the complainant sent a letter to the opposite party for refund of the deposit together with unused balance of free treatment allowance.  The complainant sent a reminder letter on 02.12.2014 and another legal notice sent on 07.02.2015 to the opposite party but all are invain.  The complainant contended that the opposite party had cheated the complainant by non payment of the deposit and unused balance of the free treatment allowance.  The act of the opposite party is a clear unfair trade practice and deficiency in service of them.  Hence the complainant filed this complaint for getting relief for the recovery of the deposit amount etc. etc.

                   3.  This Forum entertained this complaint and duly issued notice to the opposite party for their appearance.  Though the opposite party appeared before this Forum but failed to file his version even if this Forum granted so many time for this purpose.  At last on 22.12.2015 this Forum passed an order of exparte against the opposite party.  Subsequently, the opposite party filed a petition to set aside the exparte order before this Forum.  This Forum considered this petition and dismissed the prayer since this Forum has no jurisdiction to set aside exparte order which was passed already. 

                   4.  At this juncture, we peruse the complaint and records before the Forum and raised the following issues for consideration:

1. Whether this complainant is comes under the purview of C.P. Act?
2. Whether the opposite party has committed any deficiency in service or unfair trade practice against the complainant?

3. If so cost and relief?

          5.  In order to prove the case of the complainant, the power of attorney holder of the complainant filed a proof affidavit in lieu of his chief examination and he is examined as PW1 and marked Exts.A1 to A12.  PW1’s proof affidavit is more or less as per the tune of complainant’s complaint.  In order to substantiate his case altogether 12 exhibits are marked.  Ext.A1 is the Silver Card Health Club Membership Certificate dated 15.09.2003 issued by the opposite party in the name of the complainant.  Ext.A2 is the photocopy of brochure of silver card health club.  Ext.A3 is the photocopy of the letter dated 20.02.2004 sent by the opposite party to the complainant.  Ext.A4 is the photocopy of registered letter dated 11.04.2014 sent by the complainant to the opposite party.  Ext.A5 is the postal acknowledgment card of Ext.A4.  Ext.A6 is the photocopy of registered letter dated 02.12.2014 sent by the complainant to opposite party.  Ext.A7 is the postal acknowledgment card of Ext.A6.  Ext.A8 is the photocopy of legal notice dated 07.02.2015 sent by the complainant’s counsel to the opposite party.  Ext.A9 is the acknowledgment card of Ext.A8.  Ext.A10 to A12 are the postal receipts. In this case, opposite party is exparte.        

          6.  This PW1 deposed that only on the basis of the advertisement given by the opposite party he joined as a FHCC member and remitted an amount of Rs.10,000/- for Silver Card Membership.  The validity of this card was for a period of 10 years and the complainant extended this validity for a subsequent period of 10 years also.  He deposed that as per the scheme the card holders are eligible for a free treatment allowance of Rs.2,000/- per year.  If the card holder is not used this amount in full, the balance will pay to the card holder subject to a maximum of Rs.1,000/- would be credited yearly to the account of the card holder.  At the time of maturity, the deposit amount and the balance of the treatment amount would be returned to the card holder.  PW1 further deposed that even though he sent notices to the opposite party for refund of his deposit along with other amenities, the opposite party has not cared it.  According to PW1, the act of the opposite party is clearly comes under unfair trade practice and deficiency in service and the opposite party is liable to the complainant.

          7.  In this case as stated earlier, the opposite party was declared exparte since the evidence adduced by the complainant is unchallengeable as far as the opposite party is concerned.  After the closure of the evidence of the complainant, we heard the learned counsel appearing for the complainant.

          8.  Point No.1:-  As far as this case is concerned we can safely come to a conclusion that the complainant is a consumer of the opposite party.  The complainant has paid consideration for a service from the opposite party.  Hence it is clear that the complainant is a consumer and the opposite party is a service provider.  Hence Point No.1 found accordingly.

          9. Point Nos.2 & 3:-  As discussed above, it is clear that the complainant totally believed the advertisement of opposite party and happened to take Silver Card Membership for Rs.10,000/-.  In order to prove this case, Ext.A1 is marked and it shows that on 15.09.2013 the complainant deposited Rs.10,000/- to this opposite party for a Silver Card Health Club Membership and its maturity was on 14^th September 2013.  The content of Ext.A1 is, ‘the membership fee of Rs.10,000/- and 50% of the unused amount form the total free allowance of Rs.20,000/- would be returned to the head of the family or successor if the membership is not renewed after 10 years, i.e. 14^th day of September, 2013’.    Through Ext.A2, it is evident to see that on the basis of this health card ‘any one member would get one of the medical checkups mentioned below free every year on a date fix by appointment for 10 years and it is also stated that the deposit amount of Rs.10,000/- is returnable after 10 years.  In Ext.A2 free treatment allowance is also explained, “the card holder and dependants could avail treatment of Rs.2,000/- every year with 50% carry over facilities for 10 years and a total of Rs.20,000/- free treatment allowance for 10 years.  50% of the unused free treatment allowance will also be returned at the end of 10 years”.  As per Ext.A3, it reveals that the opposite party issued a demand draft for an amount of Rs.1,161/- dated 17.02.2004 towards refund of the unused medical allowance.  Ext.A3, A4, A6, A8 are 3 letters issued by the complainant and his advocate to the opposite party with regard to the return of deposit with other amenities.  When we peruse this evidence, it is clear that though the complainant has taken serious effort to redress his grievances the opposite party was not even ready to sent a reply notice to the complainant stating the real fact.  Ext.A5, A7, A9, A10, A11 and A12 are the records to show that the complainant issued Ext.A3, A4, A6 and A8 to the opposite party and all this letters are accepted by the opposite party.  Considering all the evidence as stated above, we have arrived a conclusion to the effect that the complainant proved his case and in order to substantiate his case he furnished cogent evidence on record as discussed above.  It is also has to consider that the opposite party used the name of the Royal Family of Travancore Sree Uthradom Thirunal in their advertisement for influencing the General Public.  This kind of the act of the opposite party has to be treated as a serious unfair trade practice, i.e. using the royal name of the former King of State of Travancore.  The opposite party has committed grave deficiency in service and unfair trade practice against the complainant and the complainant is eligible to get relief against the opposite party.  At the time of hearing, the complainant filed a detailed statement with regard to the deposit and the expenses incurred by the complainant with regard to this litigation.  Hence Point No.2 and 3 also found in favour of the complainant.

          10.  In the result, we pass the following orders:

1. The opposite party is directed to pay the refundable deposit Rs.10,000/- (Rupees Ten Thousand only) and free treatment allowance of 10 years Rs.10,000/- (Rupees Ten Thousand only) (Total Rs.20,000/- only) to the complainant with an interest of 10% from the date of complaint.

2. The opposite party is directed to pay a compensation of Rs.25,000/- (Rupees Twenty Five Thousand only) to the complainant from the date of this case onwards with 10% interest.

3. A cost of Rs.3,000/- (Rupees Three Thousand only) is also allowed to the complainant with 10% interest from the date of order onwards from the opposite party.

           Declared in the Open Forum on this the 29^th day of February, 2016.     

                                                                                           (Sd/-)

                                                                          P. Satheesh Chandran Nair,

                                                                                       (President)

Smt. K.P. Padmasree (Member – I)               :    (Sd/-)

Smt. Sheela Jacob (Member – II)                  :    (Sd/-)

Appendix:

Witness examined on the side of the complainant:

PW1  :  Mr. Mercylin

Exhibits marked on the side of the complainant:

A1 : Silver Card Health Club Membership Certificate dated 15.09.2003 issued by the  

       opposite party in the name of the complainant. 

A2 :  Photocopy of brochure of silver card health club.

A3 :  Photocopy of the letter dated 20.02.2004 sent by the opposite party

        to the complainant. 

A4 :  Photocopy of registered letter dated 11.04.2014 sent by the complainant

        to the opposite party. 

A5 :  Postal acknowledgment card of Ext.A4. 

A6 :  Photocopy of registered letter dated 02.12.2014 sent by the complainant

        to opposite party. 

A7 :  Postal acknowledgment card of Ext.A6.

A8 :  Photocopy of legal notice dated 07.02.2015 sent by the complainant’s counsel

        to the opposite party. 

A9 :  Acknowledgment card of Ext.A8. 

A10 to A12 :  Postal receipts.

Witness examined on the side of the opposite party:  Nil.

Exhibits marked on the side of the opposite party:  Nil.

                                                                                                (By Order)

Copy to:- (1) Adv. Rajan Thomas, Kuthaneth Rajvihar, Vettoor. P.O.,

                    Kumbazha, Pathanamthitta – 689 653.

              (2)  The Managing Director, Sree Uthradom Thirunal Hospital (SUT),

                    Pattom Palace.P.O., Thiruvananthapuram – 695 004.

              (3)  The Stock File.