Tamil Nadu

South Chennai

172/2005

MMTC - Complainant(s)

Versus

The Country Club, - Opp.Party(s)

K.C.Ramamurthy

19 Jan 2017

ORDER

                                                                        Date of Filing :   02.03.2005

                                                                        Date of Order :   19.01.2017

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

     2^nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3

 

PRESENT: THIRU. S. PANDIAN, B.Sc., L.L.M.                       : PRESIDENT             

                 TMT. K.AMALA, M.A. L.L.B.,                                 : MEMBER I

               DR. T.PAUL RAJASEKARAN, M.A ,D.Min.PGDHRDI, AIII,BCS : MEMBER II

 

C.C.NO.172/2005

THURSDAY THIS  19^TH  DAY OF JANUARY  2017

 

S. Guruswamy,

General Manager,

M/s. MMTC Limited,

“Chennai House”,

No.7, Esplanade,

Chennai 600 108.                                                    .. Complainant

 

                                              ..Vs..

 

The Country Club,

Rep. by its Managing Director,

Y.Rajeev Reddy,

No.43, 1^st Main Road,

R.A.Puram,

Chennai 600 028.                                                     ..Opposite party.

 

For the Complainants                 :    M/s.K.C. Ramamurthy & another      

For the opposite parties               :    M/s. B.Harikrishnan  

 

ORDER

THIRUMATHI.K.AMALA,   ::    MEMBER-I

 This complaint is filed by the complainant against the opposite party  to return the sum of Rs.20,000/-  with interest and also to pay a sum of Rs.5,00,000/- towards damages and to pay cost of the complaint.

 

1. The averment of the complaint are brief as follows:

        In the year 2003 the opposite party had advertised in the news paper and also vide publicity campaigned highlighting the facilities offered by them at Chennai and soliciting membership from the public.  The complainant was informed by the opposite party that there was division of Country Club (India) Limited having its Head office at Hyderabad and Clubs at various places and that apart from the club which was started at Raja Annamalaipuram, Chennai they were opening another branch in Guindy shortly and also informed that facilities such as Tassha, Health Spa, Sophisticated Bars,  Well furnish Guest rooms etc. were available at R.A. puram and also at Guindy branch to be opened shortly.

2.     Since  the complainant has regular meetings and dinners in the course of their business he wanted to take membership in the opposite parties club to have such meetings, dinners etc. at their club.   The opposite party assured the complainant that the above facilities were available at R.A. puram branch and the members were free to use these facilities.    They also informed that the branch would be opened at Guindy shortly and the members can use these facilities.   

3.     Impressed by the campaign of the opposite party and their representations and assurances of their facilities he became a member of the opposite party club for which he paid a sum of Rs.20,000/- by cheque as Life Membership fee.  The opposite party also acknowledged the same vide letter dated 28.6.2004 and confirmed the complainant about his Global  member of their club vide membership CN CG742 and assured that the complainant would be entitled to use the facilities.  

4.     After becoming a member when the complainant wanted to avail the facilities on one or two occasions the opposite party expressed their inability to provide the facilities on some pretext or other.   On 16.7.2004 there were some delegates on visits from aboard for business meeting at Chennai.    He wanted to host a dinner for the delegates and informed the same to the opposite party to make arrangement.   The opposite party took the said order and assured the complainant that necessary arrangements would be made.  The complainant also informed the delegates and other office to go to the opposite party’s club directly for the dinner meeting.    At about 6.30 p.m. when the complainant ‘s company officer enquired with the opposite party whether all arrangements have been made they informed that no arrangements were made as there was no facilities  to organize their dinner meeting as no proper hall or restaurant was available.   The complainant could not do anything as the host had already arrived at the club and complainant had to taken to some other hotel for dinner.   This resulted in loss of business confidence on the part of the foreign delegates.  

5.     Therefore the complainant decided to cancel the membership and wrote to the opposite party on 20.7.2004 to refund the membership fee.  The opposite party informed that it was handled only by their head office at Hyderabad and forwarded the said letter to them.   However their Hyderabad office by letter dated 12.8.2004 returned the said letter to the opposite party marking a copy of the same to the complainant requesting them to approach the opposite party directly as the opposite party operated independently.   As the opposite party did not refund the money even then the complainant by letter dated 31.3.2004 requested them to return the membership fee of Rs.20,000/- they failed to do so and hence he issued a legal notice dated 30.11.2004 to refund the membership fee but the opposite party failed to send any reply nor complied the demand of the complainant even after receipt of notice.  As such the opposite party had adopted unfair trade practice by making false representation as the facilities offered by them were not available and therefore the opposite party had committed deficiency in service as result of which the complainant was put to embarrassment inconvenience   and hardship.  Therefore the opposite party is liable to pay  the said amount and also to pay compensation for the same.    Hence the complaint is filed.

6. Written Version of  opposite party is in briefly as follows:

        It is true that the complainant became a member by paying Rs.20,000/- and he was assigned membership number also.  It is submitted that the membership rule do not provide for refund of membership fee.   There are five times of membership i) permanent membership Rs.25,000/- non refundable.  2) life membership Rs.40,000 non refundable. 3) Global membership Rs.40,000 non refundable 4) Master card membership Rs.40,000/- non refundable 5) Club platinum membership Rs.50,000/- non refundable of which Rs.35,000/ is refundable after three years of membership.    During the promotion,  the membership fee was reduced and the complainant chose to become a life member by paying Rs.20,000/-.     Thus the membership fee in respect of life membership is not refundable this fact has been clearly spelt out in the rules and regulations appended to the application form and also the membership.  The complainant is deemed to have accepted the terms and conditions of the membership while submitting the application form.  The membership brochure clearly spells out the fee for life membership is not refundable.    The country club started its operation at R.A. puram Chennai earlier and at Guindy recently and offers various facilities to its members.  

7.     The averments made in para-4 are denied and it is the complainant who become  a member and not MMTC Ltd.  In any event the complainant permits its members to host party and dinners to its members.  On becoming a member the complainant is eligible for availing all facilities.    At any request for hosting a dinner has to be made in writing.     In this case the complainant has not made any such request. 

8.     The averments made in para-7 are denied and the complainant is put to strict to proof of the same as the complainant had not made any such request in writing.  Normally upon receipt of written request the opposite party made all arrangements for hosting dinner or party.    The averments made in para 6 & 7 are bald and berefted of particulars.   The complainant is put to strict proof of averments that the delegates arrived but no arrangements were made and the complainant had to take delegates in other hotel for dinner.    The complainant is also put to strict proof of the averments that the alleged episode resulted in loss of business confidence on the part of the foreign delegates.  

9.     The averments in para 8 are bald and bereft of particulars.  The complainant ought to have known that rules and bylaws as regard refund of life membership fee.    The clubs at R.A.puram and at Guindy are functioning both the clubs base all the facilities.  As such it is in correct that the opposite party had adopted unfair trade practice and that the facility boosted by the opposite party were not available and not have an infrastructure to run the club.  This averments are made to seek refund of membership fee.  The complainant is put to strict proof of embarrassment inconvenience and hardship.  Therefore the opposite party had not committed any deficiency in service and prays to dismiss the complaint.

 

10.    In such circumstances,  in order to prove the allegation made in the complaint the proof affidavit is filed by the complainant as his evidence, and also Ex.A1 to Ex.A6  are marked.    Proof affidavit of opposite party filed and no document was marked on the side of the opposite party.

11.    At this juncture the point for consideration before this Forum is:

1. Whether there is any deficiency of service on the part of the opposite  party as alleged in the complaint?.

 

2. To what other reliefs, the complainant is entitled for?

 

12.  POINT No. :1        

          It is seen from Ex.A3 the receipt issued by the opposite party that the complainant became a life member of their club by paying a sum of Rs.20,000/-.   It is contended by the complainant that the opposite party assured that their club is having branches at various places of the country and also they are provided various facilities such as Tassha, Health Spa, Sophisticated Bars well furnish guest rooms etc. available at R.A. puram branch and also at Guindy branch to be opened shortly.   Since the complainant has regular meetings and dinners in the course of their business activities he wanted to avail the facility of the opposite party for a dinner meeting and requested then to make arrangement. The opposite party also assured to make arrangement.  

 

13.    The grievance of the complainant is that the opposite party failed to make such arrangements as there was no facility to organize the dinner as no proper hall proper restaurant was available.    But the business delegates informed that they had arrived at the club already and therefore the complainant was put to great embarrassments and arranged to some other hotel for dinner.    Even on the other occasion when the complainant wanted to hold meetings they could not do so as there was no proper arrangement at the opposite party’s club.  Therefore he requested to refund the membership fee through letter which was forwarded to the Head office at Hyderabad and the same was returned to the opposite party with an intimation that the complainant can approach the opposite party directly.     Therefore he filed the complaint for refund of amount paid and for compensation.

  

14.       In the written version the opposite party had stated that they had started  operation at R.A.Puram Chennai earlier and at Guindy recently and its club offers various facilities to his members but the complainant has not made any request in writing to avail the facility.   The membership fee is not refundable as per the rules and regulations appended to the application form and also as per the membership by laws and the brochure  also spells that life membership fee is not refundable.   There is no proof provided by complainant for arrival of delegates.   Therefore there is no deficiency in service and prays to dismiss the complaint.  

15.    Whereas  on perusing the records it is seen that no rules or by laws or brochure or application of the complainant is filed by the opposite party to substantiate their contention that the membership fee is not refundable. 

 

16.       Further the complainant has also raised grievance that on 16.7.2004 though he had informed the opposite party to make arrangements for a meeting in their club they failed to do so though assured by them due to which he was also put into great and embarrassing inconvenience and hardship.   From Ex.A3 & Ex.A4 it   is clear that the complainant had sent letter to the opposite party stating the deficiency in service and sought for refund of Membership fee which was also forwarded from Head office to Chennai but the opposite party had not replied that the complainant ought to have given request in writing and not denied the deficiency in service.   Therefore there is possibility of non providing of facility to the complainant.   Moreover the opposite party had not replied to the complainant at the earliest point of time and even not replied to the legal notice Ex.A6 of the complainant. 17.      Therefore considering the facts and circumstances of the case this forum is of the view that the opposite party had committed deficiency in service, and the contention of the complainant that he is entitled for refund of membership fee is acceptable  and as such the opposite party  is liable to refund a sum of Rs.20,000/- paid as membership fee to the complainant.     

18.    Due to the act of the opposite party the complainant suffered much hardship is also acceptable.   Therefore the complainant is also entitled for a compensation of Rs.10,000/-.  The compensation claimed by the complainant is exorbitant, however the complainant is entitled for a just and reasonable compensation.    Thus points 1 & 2 are answered accordingly.

          In the result, the complaint is allowed in part.   Accordingly the opposite party is directed to refund a sum of Rs.20,000/- (Rupees Twenty thousand only) with interest at the rate of 9% p.a. from the date of complaint i.e. 2.3.2005 to till the date of this order i.e. 19.1.2017  and also to pay a sum of Rs.10,000/- (Rupees ten thousand only) towards compensation for causing mental agony and hardship due to deficiency of service on the part of the opposite party  and to pay a sum of Rs.5000/- (Rupees Five Thousand only) towards cost to the complainant. 

The above amounts shall be payable within six weeks from the date of receipt of the copy of the order, failing which, the said amounts shall carry interest at the rate of 9% p.a till the date of payment.        

 

              Dictated by the Member-I to the Assistant, taken down, transcribed and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the  19^th  day  of  January  2017.

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

Complainant’s side documents:

Ex.A1-         Copy of  Brochures.

Ex.A2- 28.6.2003  - Copy of letter from the opposite party to the complainant.

Ex.A3- 20.7.2004  - Copy of letter from the complainant to the opposite party.

Ex.A4- 12.8.2004  - Copy of letter from the opposite party to the complainant.

Ex.A5- 31.8.2004  - Copy of letter from the complainant to the opposite party.

Ex.A6- 30.11.2004         - Copy of notice from the complainant’s counsel to the

                             opposite party.

 

Opposite parties’ side documents:   .. Nil.

 

 

MEMBER-I                        MEMBER-II                             PRESIDENT.