Tamil Nadu

South Chennai

CC/413/2016

M.Murugaiah - Complainant(s)

Versus

The Manager of Odour Club - Opp.Party(s)

-

05 Jan 2018

ORDER

                                                                        Date of Filing :   15.12.2016  

                                                                        Date of Order :   05.01.2018

DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI (SOUTH)

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

PRESENT: THIRU. M.MONY, B.Sc., L.L.B. M.L.,                     : PRESIDENT            

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

C.C.NO.413/2016

FRIDAY THIS  5^TH  DAY OF JANUARY 2018

 

M. Murugaiah,

S/o. S.Murugaiah,

No.8D-BSNL STR Staff Quarters,

“P” Block, 6^th Avenue,

Anna Nagar,

Chennai 600 040.                                       .. Complainant

 

                                        ..Vs..

 

The Management of ODOUR Club,

Rep. by its Manager,

No.6, 2^nd Floor,

“D” Block, Doshi Garden Shopping Complex,

No.174, Arcot Road,

Vadapalani,

Chennai 600 026.                                     .. Opposite party.

 

Counsel for Complainant      :   Party in person      

Counsel for opposite party   :    Exparte.

ORDER

THIRU. M. MONY, PRESIDENT

This complaint has been filed by the complainant against the opposite party under section 12 of the Consumer Protection Act 1986 seeking direction to refund a sum of Rs.18,000/- with interest and to pay a sum of Rs.50,000/- towards  compensation for mental agony and  to pay cost of the complaint.

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

         The complainant submit that the opposite party is running a resort at Pattipulam Village, ECR Road, Chennai  made large advertisement with brochures.   As per advertisement the opposite party assured to provide various facilities for entertainment with the family like clubs, hotels, indoor and outdoor games, site seeing and various social and cultural activities including providing staying accommodation for the customer etc. The complainant had paid Rs.18,000/- towards member ship fee on 26.12.2015 & 28.12.2015 respectively.  On 1.1.2016 with a great expectation the complainant along with his family visited the opposite party resort to celebrate the New Year with his family.  But to his shock and surprise the resort was totally marred and was totally unsuitable for having fun and pleasure with his family members resulting total disappointment of the complainant.  Therefore the complainant sent letters to the opposite party on 22.2.2016 and on 27.4.2016 requesting them to refund a sum of Rs.18,000/-.    But  the opposite party has not sent any reply and refund the amount.   As such the act of the opposite party clearly amounts to gross deficiency in service and thereby caused harassment, mental agony  and hardship to the complainant.  Hence the complaint is filed.

2.     Inspite of receipt of notice the opposite party  did not appear before this forum and therefore the opposite party was  set exparte.  

3.     Though the  opposite parties  remained exparte this  Forum wants to dispose this compliant fully on merits with available materials before this forum. 

4.     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.A7  are marked. 

5.   The points for the consideration is: 

1. Whether the complainant is entitled to refund  a sum of Rs.18,000/- towards membership fee with interest  as prayed for ?

2. Whether the complainant is entitled to a sum of Rs.50,000/- as compensation for mental agony as prayed for?

6.  POINTS 1 & 2 :

        Heard the complainant.  Perused the records namely i.e. compliant, proof affidavit and documents.  The complainant contended that the opposite party is running a resort at Pattipulam Village, ECR Road, Chennai  made large advertisement with brochures as per Ex.A1.   As per advertisement  and Rules  & regulations Ex.A1 and Ex.A2 the opposite party assured to provide various facilities for entertainment with the family like clubs, hotels, indoor and outdoor games, site seeing and various social and cultural activities including providing staying accommodation for the customer etc. The complainant had paid Rs.18,000/- towards member ship fee on 26.12.2015 & 28.12.2015 respectively as per Ex.A3 & Ex.A4.  On 1.1.2016 with a great expectation the complainant along with his family visited the opposite party resort to celebrate the New Year with his family. But to his shock and surprise the resort was totally marred and was totally unsuitable for having fun and pleasure with his family members resulting totally disappointed of the complainant.  Therefore the complainant sent letters to the opposite party on 22.2.2016 and on 27.4.2016 requesting them to refund a sum of Rs.18,000/-.    But  the opposite party has not sent any reply and refund the amount.  Hence the complainant was constrained to file this case.    Considering the facts circumstances of the case this forum is of the considered view that the opposite party shall refund a sum of Rs.18,000/- towards membership fee and also to pay a sum of Rs.5,000/- towards compensation for mental agony with cost of Rs.3,000/- and the points are answered accordingly.

 

In the result the complaint is allowed in part.  The  opposite party shall refund a sum of Rs.18,000/- (Rupees Eighteen Thousand only) towards membership fee and shall pay compensation of Rs.5,000/- (Rupees Five thousand only) towards mental agony with cost of Rs.3,000/-  (Rupees three thousand only) to the complainant.    

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

            Dictated by the President to the Assistant, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the  5^th  day  of  January 2018.  

 

MEMBER-I                        MEMBER-II                             PRESIDENT.

 

Complainant’s side documents:

Ex.A1-                - Copy of Brochures of the opposite party club.

Ex.A2-                - Copy of Details of the membership.

Ex.A3- 26.12.2015         - Copy of receipt issued by the opp. party.

Ex.A4- 28.12.2015         - Copy of receipt issued by the opp. party.

Ex.A5- 22.2.2016  - Copy of letter from the complainant

Ex.A6- 27.4.2016  - Copy of registered letter from the complainant.

Ex.A7- 30.5.2016  - Copy of legal notice.

 

Opposite party’s side document: -     ..Nil..

 

MEMBER-I                        MEMBER-II                             PRESIDENT.