BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. G. SIVAPRASAD : PRESIDENT

SMT. BEENAKUMARI. A : MEMBER

SMT. S.K.SREELA : MEMBER

C.C. No. 320/2012 Filed on 18.09.2012

Dated : 15.12.2012

Complainant :

G. Bikash Roy, T.C 15/198, 'Indraprastha', USRA-4, Vellayambalam, Thiruvananthapuram-695 010.

(Party in person)

Opposite party :

Manager, Country Club (India) Ltd., Opp: Secretariat, 4^th floor, Capitol Building, Thiruvananthapuram.

This O.P having been heard on 26.11.2012, the Forum on 15.12.2012 delivered the following :

ORDER

SMT. S.K. SREELA, MEMBER

The allegations in the complaint are as follows: Around the 2^nd week of December 2011 complainant received a telephone call from the opposite party saying that he has won one lucky draw and he has to visit their office with his wife to get that gift of package tour. On arrival at their office, complainant and his wife were attended by one girl whose name was Anjana. She explained the various packages of Country Club India. Those packages include the entry to National club, behind Secretariat and so many hotels like Windsor Castle etc. Complainant and his wife told the opposite party that they need some time to think about their membership, then the opposite party said that this is a discount offer for that particular day only. If complainant takes the membership on that day he will get for Rs. 65,000/-, otherwise they have to pay Rs. 1,00,000/- for the year. Finally complainant took the membership for Rs. 65,000/- on the same day by making the payment in credit card. When complainant went to the National Club with his friends he was not allowed to enter the club. The club secretary told him that they did not have any association with the Country Club. In the meantime, complainant contacted the Windsor Castle Hotel regarding the discount of restaurant bills. At the time of taking membership, Country Club told the complainant that 20% to 25% discount is available but the Windsor Hotel Ambalamukku told him that discount is upto 8% to 10% only. Then complainant told Mr. Sreekumar to return the money of Rs. 65,000/-. Mr. Sreekumar agreed that he will make arrangements to return the membership amount of Rs. 65,000/- within 3 months. After 3 months, somebody from Hyderabad office of Country Club telephoned the complainant that they would not return the full amount, they will deduct 20% i.e; Rs. 13,000/-. On the last week of August complainant received a draft for Rs. 52,000/-. Hence this complaint for balance amount.

Opposite party remains exparte.

The issues for consideration are:-

1. Whether there has been any unfair trade practice on the side of the opposite party?

2. Reliefs and costs.

    

Points (i) & (ii):- There is no dispute with regard to the complainant's membership in the opposite party club as the same is proved by documents. As per Ext. P1, an amount of Rs. 65,000/- has been collected from the complainant by the opposite party. But the complainant alleges that though the complainant was told that he could go to National Club using this membership, he was not allowed to enter the club. Further, at the time of taking membership he was told that 20% to 25% discount could be availed at Windsor Castle Hotel, but the hotel authorities told that only 8% to 10% is the discount. The letter sent to the opposite party on 03.04.2012 which has been marked as Ext. P2, goes to prove that the difficulties faced by him were brought to the knowledge of the opposite party. Anyhow, the opposite party has refunded Rs. 52,000/- to the complainant. But the complainant contends that he needs the balance amount. It is true that he has not availed any service hence he is entitled for refund of entire amount. Further the act of the opposite party in misleading the customers and following such unfair practice to attract the customers has to be stopped.

In the result, complaint is allowed. Opposite party shall refund Rs. 13,000/- along with 9% interest for Rs. 65,000/- for eight months. Opposite party shall also pay an amount of Rs. 3,000/- towards compensation and costs. Opposite party is also directed to stop following such unfair trade practice.

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 Forum, this the 15^th day of December 2012.

Sd/-

S.K. SREELA : MEMBER

Sd/-

G. SIVAPRASAD : PRESIDENT

Sd/-

BEENAKUMARI. A : MEMBER

jb

C.C. No. 320/2012

APPENDIX

I COMPLAINANT'S WITNESS :

NIL

II COMPLAINANT'S DOCUMENTS :

P1 - Copy of purchase agreement for vacations membership

P2 - Copy of letter dated 03.04.2012 issued to Manager, Country

Vacations, Trivandrum.

P3 - Copy of D.D dated 25.08.2012 for Rs. 52,000/-.

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

Sd/-

PRESIDENT

jb