y Smt. PREETHI SIVARAMAN.C, MEMBER
1.The complaint in short is as follows: -
Opposite party called complainant through phone and informed him that complainant is the winner of a lucky draw and he is eligible for a two days stay in a resort with family. As per the phone call from opposite party regarding the two days stay with family in a resort, on 28/08/2022 complainant and his family approached opposite party’s office at Calicut for receiving the voucher. Complainant and family had attended the three hours session conducted by Mrs. Srivya, a staff of opposite party and she promised five star category resorts stay. At first complainant did not show any interest in that offer given by opposite party, but opposite party again gave more offers and they reduced the membership fee.
2. As per the assurance given by opposite party, complainant taken a membership plan worth Rs. 60,000/- and they assured three days stay at Country club resort at Bandhipur as a compliment for the membership plan. When complainant and family gone for staying at Country Club Resort, Bandhipur and they felt very bad from the situations there at the resort. The room given to complainant was a small room and dirtful, the bed sheet was torned and there was stain in bed sheets. Moreover all the windows of the room was opened to the corridor and the persons moving through the varandha can easily see inside the room. Bath room also was untidy. The buckets and closet inside the bathroom also were untidy. Thereafter complainant approached the reception of the resort to change the room, but they hesitate to give a clean room to complainant. Due to the pressure from complainant, they had given another room to complainant with untidy bed sheets and bathroom. There was no Wi-Fi facility in the room. Swimming pool of the resort was also untidy.
3. On 26/09/2022 when complainant and family checkout the hotel room and they called opposite party to inform the difficulties they had faced at the resort. Then they informed the complainant to send a complaint through email to them. Complainant sent the complaint with photographs of the hotel room to opposite party. Moreover they informed the opposite party that they are not interested to continue the membership of Country Club and complainant wanted to refund the amount they had given for getting membership. But no reply received yet. Thereafter complainant and his wife personally had approached opposite party, Manager in charge Mr.Lislin. He promised to the complainant that complainant will get the refund of money. But thereafter Mrs. Sandya a staff of the opposite party head office informed the complainant that they are not ready to refund the amount. Thereafter complainant filed a petition before the Tirurangadi Taluk, Consumer Protection Society and they sent a notice to opposite party on 03/11/2022. But no reply received. Hence this complaint. Due to the act of opposite party Complainant and his family faced mental agony, physical hardships and sufferings.
4. The prayer of the complainant is that, he is entitled to get a refund of Rs. 60,000/- the amount of membership fee he had paid to opposite party, Rs. 1,00,000/- as compensation on account of deficiency in service and unfair trade practice on the part of opposite party and thereby caused mental agony, physical hardships and sufferings to the complainant and cost of the proceedings.
5. On admission of the complaint notice was issued to the opposite party and they received notice on 13/12/2022, but they did not turn up. Hence opposite party set exparte.
6. In order to substantiate the case of the complainant, he filed an affidavit in lieu of Chief examination and the documents he produced were marked as Ext. A1 to A6. Ext.A1 series are the photographs of the rooms and resort. Ext.A2 is the copy of eVoucher receipt given by Country Club, hospitality and holidays to complainant. Ext.A3 is the copy petition given by complainant before the Tirurangadi Taluk Consumer Protection Society (Regd.). Ext.A4 is the copy of the agreement between complainant and opposite party dated 28/08/2020. Ext.A5 is the copy of membership confirmation given by opposite party to complainant after receiving Rs. 60,350/-.
7. Heard the complainant and perused the affidavit and documents filed by complainant. The allegation against opposite party is proved by the unchallenged evidence of complainant. There is no contra evidence in this matter. Moreover complainant produced five documents which are very supportive to prove his case. Hence the Commission finds that there is deficiency in service and unfair trade practice on the part of the opposite party as alleged in the complaint. Hence we allow this complaint holding that opposite party is deficient in service.
8. We allow this complaint as follows:-
The opposite party is directed to refund Rs.60,000/-(Rupees Sixty thousand only) to complainant, the amount complainant had paid as membership fee to opposite party.
The opposite party is directed to pay compensation of Rs.15,000/- (Rupees Fifteen thousand only) the complainant on account of deficiency in service on the part of opposite parties and thereby caused mental agony, physical hardships and sufferings to the complainant.
The opposite party is also directed to pay Rs. 5000/-(Rupees Five thousand only) as cost of the proceedings.
If the above said amount is not paid to the complainant within 30 days from the
date of receipt of copy of this order, the opposite party is liable to pay the interest at the rate of 12% per annum on the said amount from the date of receipt of the copy of this order till realisation.
Dated this 30th day of March, 2023.
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
APPENDIX
Witness examined on the side of the complainant : Nil
Documents marked on the side of the complainant : Ext.A1to A5
Ext.A1 : Series are the photographs of the rooms and resort.
Ext.A2 : The copy of eVoucher receipt given by Country Club, hospitality and holidays
to complainant.
Ext.A3 : Copy petition given by complainant before the Tirurangaadi Taluk Consumer
Protection Society (Regd.).
Ext.A4 : Copy of the agreement between complainant and opposite party dated
28/08/2020.
Ext.A5 :Copy of membership confirmation given by opposite party to complainant
after receiving Rs. 60,350/-.
Witness examined on the side of the opposite party : Nil
Documents marked on the side of the opposite party : Nil
MOHANDASAN K., PRESIDENT
PREETHI SIVARAMAN C., MEMBER
MOHAMED ISMAYIL C.V., MEMBER
CPR
