Date of Complaint : 26.11.2015
Date of Order :23.03.2016
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C. Nagar, Park Town, Chennai-3
PRESENT : THIRU. B. RAMALINGAM, M.A.M.L., : PRESIDENT
TMT.K. AMALA, M.A. L.L.B., : MEMBER – I
DR.T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II
C.C.No. 17 / 2015
THIS WEDNESDAY 23rd DAY OF MARCH 2016
R. Dayalan,
S/o. Mr. Ramalingam,
No.26, A/53A, Kumarappa Street,
Royapuram,
Chennai 600 013. .. Complainant.
- Vs-
The Director, M/s. Club Indias, No.136, Shyamala Towers, 3rd Floor, Regus, Arcot Road, Chennai 600 093. .. Opposite party. | | .. Opposite party. |
| | |
For the complainant : M/s. Srikanth Varma & others
For the opposite party : Exparte
ORDER
THIRUMATHI.K.AMALA, :: MEMBER-I
1. Complaint under section 12 of the Consumer Protection Act 1986. The complaint is filed seeking direction against the opposite party to refund the amount of Rs.18,000/- and also to pay a sum of Rs.75,000/- towards compensation for mental agony and also cost of the complainant.
2. Even after receipt of the notice from this forum in this proceeding, the opposite party did not appear before this Forum and did not file any written version. Hence the opposite party was set exparte on 9.2.2015
3. Perused the complaint, and the documents Ex.A1 to Ex.A5 filed by the complainant and proof affidavit and the entire C.C. records and considered the arguments of the complainant counsel.
4. The complainant contended that the opposite party approached during the 1st week of August 2013 stating that they are running a Holiday club in the name of Club India and offering membership cards to enjoy holidays throughout India and even overseas to the members for life time with certain benefits. Accordingly the complainant paid a sum of Rs.18,000/- on 24.8.2013 towards the amount for life time membership for which the opposite party also issued receipt. But even after one month they failed to deliver the free gifts of Home theater. During September 2013 when he went to the opposite party resort at ECR Road the incharge of the club refused and informed that he can avail the offer only in Tambaram situated Guest house and not in other places. He made several phone calls and personal visits with the opposite party but they never responded hence he issued the legal notice on 10.9.2014 demanding refund of the amount paid by him for their deficiency in service. But it was returned as refused. Hence the complainant filed the above complaint to direct the opposite party to return the amount of Rs.18,000/- along with compensation and cost of the complaint.
5. The receipt issued by the opposite party i.e. Ex.A2 for payment of Rs.18,000/- through credit card i.e. Ex.A5 reveals that the complainant paid the said amount towards life time membership with the opposite party. Whereas there is no any agreement signed between the parties i.e. the complainant and the opposite party stating that the complainant is entitled to the benefits of stay as well as brochure with free gift of home theater and monthly once five move tickets to the members for life time. Moreover the complainant has not produced the membership card. But the grievance of the complainant is that although he paid Rs.18,000/- as life time member ship he was not permitted to enjoy holiday at ECR Road. Whereas there is no any document to show the denial of the opposite party for his stay at ECR Road. On the other hand Ex.A1 the brochure of the opposite party reveals that they have issued free stay coupons for one day free stay at Tambaram as well as ECR Road. Hence the contention of the complainant that he is entitled to enjoy the holiday at ECR Road for one day is acceptable. However the grievance of the complainant that he had not received the free gift of Home theatre is not sustainable, since there is no documentary proof for the same.
6. Further more when the complainant sent the legal notice to the opposite party for refund of the amount of a sum of Rs.18,000/- since he was refused for stay at Club India, ECR Road the opposite party refused to receive the legal notice. As such it proves that the opposite party had committed deficiency in service as contended by the complainant. The opposite party also failed to give any contra evidence in order to defend their case and remained exparte.
7. Hence considering the facts and circumstances of the case, we are of the considered opinion that the opposite party had committed deficiency in service as they failed to allow the complainant to enjoy their resort at ECR Road as per the brochure i.e. Ex.A1 though received payment towards membership. As such the complainant is entitled for refund of the amount of Rs.18,000/- with interest at the rate of 9% p.a. from the date of complaint i.e. 26.11.2014 to till the date of payment and the opposite party is also liable to pay a sum of Rs.2,500/- as litigation charges to the complainant. Since interest is awarded we are not inclined to award any compensation.
In the result the complaint is partly allowed. The opposite party is directed to refund a sum of Rs.18,000/- (Rupees Eighteen thousand only) with interest at the rate of 9% p.a. from the date of complaint i.e. 26.11.2014 to till the date of payment and also to pay sum of Rs.2,500/- (Rupees Two thousand and five hundred
only) towards litigation charges to the complainant within six weeks from the date of this order.
Dictated directly by the Member-I to the Assistant, transcribed and computerized by her, corrected by the Member-I and pronounced by us in the open Forum on this the 23rd day of March 2016.
MEMBER-I MEMBER-II PRESIDENT.
Complainant’s Side documents :
Ex.A1- - - Copy of Broacher in Holiday package, gift coupons and gift
Vouchers issued by the opposite party.
Ex.A2- 24.8.2013 - Copy of receipt for Rs.18,000/-
Ex.A3- 10.9.2014 - Copy of legal notice.
Ex.A4- - - Copy of returned cover.
Ex.A5- - - - Copy of Payment Coupon.
Opposite party’s side documents: -
.. Nil .. (exparte)
MEMBER-I MEMBER-II PRESIDENT.
