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. 105/2009 Filed on 16.05.2009

Dated : 16.02.2011

Complainant:

M.C Sadasivan, T.C 19/933(1), Muthu Illom, Thamalam, Poojappura P.O, Thiruvananthapuram-12.

(By adv. R. Kunjukrishnan Potti)

Opposite parties:

1. The Authorized Signatory, for Country Vacation Division of Country Club (I) Ltd., 4^th 'C' Fourth floor, Capital Center, Statue, Opp: Secretariat, M.G. Road, Thiruvananthapuram.

    

2. Suja K.C, Assistant Manager, ..do..

    

(By adv. Raj Kishore. A)

This O.P having been heard on 08.02.2011, the Forum on 16.02.2011 delivered the following :

ORDER

SMT. S.K. SREELA, MEMBER

The facts of the case in brief are as follows: The 1^st opposite party claiming to be a division of Country Club India Ltd. through media and other means represented and made the public believe that the recipient of a Holiday Gift voucher will enable the recipient to secure holiday accommodation at a selected location specified in the Gift Voucher. The 2^nd opposite party informed the complainant that he is a recipient of gift voucher and was called upon to meet them. Accordingly complainant visited the opposite party and made representations that the recipient of the gift voucher can enjoy the aforesaid benefits on complying with certain conditions. Attracted by the words, representations, acts the complainant paid a sum of Rs. 50,000/- by way of cheue No. 808301 dated 02.10.2008 of the Indian Bank, Thycaud branch. The complainant happened to pay the amount on the bonafide belief that he along with his wife, grand daughter and a close relative could conduct the tour as stated in the holiday gift voucher. Since the grand daughter could not accompany and join the tour, he by a written request dated 21.03.2009 requested the opposite parties to cancel the offer and refund the amount received. Hitherto the opposite party has not refunded the amount nor send a reply. Hence the complainant is compelled to approach this Forum.

Opposite parties 1 & 2 filed their joint version denying the allegations levelled against them and contends as follows: That the complaint is not maintainable. The complainant is not a member with Country Vacation and no agreement or contract was signed between the complainant and Country Vacation. The said complainant has not issued any cheque in favour of the Country Vacation and the country vacation has no liability towards the complainant. The complainant has no locus standi to file the complaint before this Hon'ble Forum. Hence prays for dismissal of the complaint.

Complainant has filed affidavit in lieu of chief examination and marked Exts. P1 to P6. Complainant, PW1, has not been cross examined and hence his affidavit stands unchallenged. Complainant's counsel had submitted that the complainant received an amount of Rs. 30,000/- from the opposite parties and argued that the complainant is entitled for refund of balance of Rs. 20,000/- and hence prayed for refund of the balance amount also.

The issues that would arise for consideration are:-

1. Whether there is any deficiency in service on the part of the opposite parties?

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

Points (i) & (ii):- The claim of the complainant as per the complaint is for refund of Rs. 50,000/- which he had paid to the opposite parties. The opposite parties have totally denied the allegations raised against them by the complainant and has contended that there is no agreement or contract signed between the complainant and Country Vacation. In the meantime, during trial, on 21.08.2010, the opposite party was ready with a D.D for Rs. 20,000/- to the complainant but the complainant insisted for compensation and cost and hence the case was posted for evidence. Now, the complainant in his argument note has stated that the opposite parties paid a sum of Rs. 30,000/- during the course of trial by way of settlement and that the opposite parties failed to repay the balance amount and hence the complaint was proceeded with. We have gone through the records produced by the complainant. As per Ext. P5 temporary receipt dated 02.10.2008 it is evident that the opposite parties have received Rs. 50,000/- from the complainant by cheque No. 808301 and as per Ext. P6 it could be seen that cheque No. 808301 for Rs. 50,000/- has been debited from the complainant's account by the 1^st opposite party. In the above circumstance, the contention of the opposite parties that, the complainant has not issued any cheque in favour of the Country Vacation is found to be a false contention without any basis. Ext. P4 proves that the complainant has been issued with a membership card also. Furthermore the complainant as PW1 has not been cross examined by opposite parties and hence his affidavit stands uncontroverted.

From the above discussions and documents, it is very much evident that the 1^st opposite party had accepted Rs. 50,000/- from the complainant and the same has not been refunded. The complainant has succeeded in establishing his complaint and we find that the complainant is entitled for refund of Rs. 20,000/- along with a compensation of Rs. 5,000/- for the deficiency in service on the part of the 1^st opposite party and a cost of Rs. 2,500/- from the 1^st opposite party. Since no deficiency in service has been established as against 2^nd opposite party, the 2^nd opposite party is exempted from any liabilities.

In the result, the 1^st opposite party is hereby directed to refund Rs. 20,000/- along with a compensation of Rs. 5,000/- and cost of Rs.2,500/- to the complainant within a period of one month from the date of receipt of the order failing which the entire amount shall carry interest @ 9% from the date of order.

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 16^th day of February 2011.

S.K. SREELA : MEMBER

G. SIVAPRASAD : PRESIDENT

BEENAKUMARI. A : MEMBER

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C.C. No. 105/2009

APPENDIX

I COMPLAINANT'S WITNESS :

PW1 - M.C. Sadasivan

II COMPLAINANT'S DOCUMENTS :

P1 - Holiday gift voucher No. 8174 dated 02.10.2008

P2 - Copy of letter dated 21.03.2009 from complainant.

P3 - Acknowledgement card

P4 - Copy of visiting card and membership card

P5 - Copy of temporary receipt No. 084 dated 02.10.2008

P6 - Copy of statement of account 06.10.2008 to 16.10.2008

III OPPOSITE PARTY'S WITNESS :

NIL

IV OPPOSITE PARTY'S DOCUMENTS :

NIL

PRESIDENT

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