Date of Complaint : 27.04.2015
Date of Order :15.04.2016
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. 255 / 2015
THIS FRIDAY 15TH DAY OF APRIL 2016
Mr. P. Manikandan,
No.187/337, Kamarajanar Road,
Attur, Salem District. .. Complainant. - Vs-
The Manager, NRS Royal Club, 81, Manohar Street, Suthwest Boag Road, T.Nagar, Chennai 600 018. .. Opposite party. | | .. Opposite party. |
| | |
For the complainant : M/s. S.Kalanidhi
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 cost of the membership fee of Rs.20,500/- along with interest and also to pay a sum of Rs.10,00,000/- towards physical strain and mental agony.
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 22.9.2015.
3. Perused the complaint, and the documents Ex.A1 to Ex.A6 filed by the complainant and proof affidavit and the entire C.C. records and considered the arguments of the complainant in person.
4. The complainant contended that he received a call from the opposite party that they are offering the Grand Premium Membership Card for price of Rs.20,000/- and offer is valid till 31.3.2015. The opposite party also promised that they will provide attractive offer such as free room stay, free massage service, free holiday packages etc. Accordingly he paid a sum of Rs.20,000/- for which receipt, dated 24.3.2015 was issued by the opposite party and also paid a sum of Rs.500/- towards printing charges of the Membership card but receipt was not provided for the same. But the opposite party failed to issue the membership card even after approaching the opposite party in person. Whereas they demanded a sum of Rs.5,000/- to issue the card. Hence the complainant sent a legal notice on 10.4.2015 to refund the said amount of Rs.20,000/- which was received by them but they failed to send any reply. Hence the complainant contended that the opposite party committed deficiency in service and as such he filed the above complaint for refund of the membership fee of Rs.20,500/- along with interest and also a sum of Rs.10,00,000/- towards compensation for mental agony.
5. It is found from Ex.A1 that the complainant paid a sum of Rs.20,000/ to the opposite party on 24.3.2015. The complainant contended that he paid the said amount on the false oral promises made by the opposite party that they provide certain attractive offer such as free room stay, free massage service, free holiday packages etc. Whereas the grievance of the complainant is that even after payment the opposite party failed to issue membership card but demanded a sum of Rs.5,000/- towards membership card. Even after receipt of legal notice demanding for refund the opposite party failed to repay the amount.
6. On perusal of complaint it is found that the complaint has been filed seeking refund of the said amount of Rs.20,500/- along with compensation. Whereas in the proof affidavit filed by the complainant he stated that pending proceedings the opposite party sent a cheque for Rs.20,000/- dated 10.7.2015 Ex.A5, as refund of the amount paid by him and also admitted in his proof affidavit that the opposite party had paid entire amount of Rs.20,500/-. Yet the complainant sought relief claiming interest of 18% p.a. on Rs.20,500/-, since it has been paid subsequent to the filing of complaint.
7. Though the opposite party repaid the amount paid by the complainant received as membership fee they paid the same only on 10.7.2015 after the complainant had approached this forum as such the complainant is entitled to claim the interest for a sum of Rs.20,000/- paid as Membership fee, since the opposite party retained the money of the complainant till such date. As such the opposite party is liable to pay interest on the sum of Rs.20,000/- from the date of demand i.e. 10.4.2015 to till the date of 10.7.2015. at the rate of 9% per annum i.e. a sum of Rs.450/-.
8. Considering the facts and circumstances of the case, we are of the considered view that the complainant is entitled only for interest on Rs.20,000/- at 9% p.a. i.e. a sum of Rs.450/- from the date of demand i.e. 10.4.2015 to 10.7.2015 as justifiable. As such he is not entitled for the interest on Rs.20,500/- as claimed by him. The opposite party is also directed to pay a sum of Rs.2,500/- as litigation charges to the complainant. Considering the facts and circumstances of the case we are not inclined to award any compensation.
In the result, the complaint is partly allowed. The opposite party is directed to pay a sum of Rs.450/- (Rupees four hundred and fifty only) towards interest from 10.4.2015 to 10.7.2015 and also to pay a sum of Rs.2,500/- (Rupees two thousand and five hundred only) as litigation charges to the complainant within six weeks from the date of this order failing which the above amount (Rs.450/-) will carry interest at the rate of 6% p.a. from the date of this order to till the date of payment.
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 15d day of April 2016.
MEMBER-I MEMBER-II PRESIDENT.
Complainant’s Side documents :
Ex.A1- 24.3.2016 - Copy of Purchase receipt.
Ex.A2- 23.3.2015 to 22.4.15 – Copy of Credit card statement for the payment proof.
Ex.A3- 10.4.2015 - Copy of legal notice.
Ex.A4- - - Copy of Ack. Card.
Ex.A5- - - Copy of the cheque and letter sent by the opposite party.
Ex.A6- 22.8.2015 - Copy of Private notice and Ack. card.
Opposite party’s side documents: -
.. Nil .. (exparte)
MEMBER-I MEMBER-II PRESIDENT.
