DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION PALAKKAD
Dated this the 5th day of August, 2022
Present : Sri.Vinay Menon V., President
: Smt.Vidya A., Member
: Sri. Krishnankutty N.K.,Member Date of filing: 11/05/2022
CC/83/2022
Dini Ross Pulikkottil, - Complainant
W/o. Tony Thomas,
Tony Villa, Valmutty,
Chittur, Palakkad- 678 101
(Party in person)
Vs
1.The Manager,
Big Bazar City Centre,
English Church Road,
Sulthanpet, Palakkad-678 014. - Opposite Parties
(Exparte)
2. The Managing Director,Big Bazar,
Head Office, Knowledge house,
Shyam Nagar, Off Jogeshwari- Vikhroli Link Road,
Mumbai-400-080.
(Exparte)
O R D E R
By Sri. Krishnankutty N.K., Member
Pleadings of the complainant in brief.
1. The complainant subscribed for the profit club membership scheme of the opposite parties on 12.02.2022 paying Rs.10,100/-. As per the scheme offer, the complainant can make purchases for Rs.12,000/- for a period of one and half years.
After one month, when the complainant went for purchase, the shop was closed. When she contacted the staff members, neither proper response was given nor did they refund the amount. Hence she approached the Commission for Redressal of the above grievance.
2. Notices were issued to opposite parties. Notice was served on 2nd opposite party. Notice to 1st opposite party was returned undelivered with endorsement “LEFT”. None of the opposite parties entered appearance. Since 1st opposite party being a branch of 2nd opposite party, the presumption of constructive notice was evoked and both the parties were set ex-parte.
3. Complainant filed proof affidavit on 25.07.2022 and marked Exhibits A1-A3 as evidence. A1 is copy of the bank statement of the complainant showing the debit of Rs.10100/- being the payment made towards the membership fee, A2 is the copy of the brochure of the scheme, and A3, the photocopy of the membership card issued by the opposite party.
4. The complainant subscribed to the scheme floated by the opposite parties upon being attracted by the offer/promise that she could make purchase worth Rs.12,000/- within a period of 1 ½ years. But she could not make even a single purchase since the outlets of the opposite parties were wound up.
5. This amounts to clear deficiency in service and unfair trade practice and hence the complainant is entitled to be compensated. Accordingly the complaint stands allowed.
6. In view of the aforesaid reasons, the following are ordered.
1. The opposite party shall refund the membership fee collected from the
complainant along with interest @ 9% from the date of payment
(12.02.2022) till the date of repayment.
2. The opposite party is directed to pay a compensation of Rs.30,000/-
towards the mental agony.
3. The opposite party is directed to pay a cost of Rs.20,000/- (Rupees
Twenty thousand only)
Pronounced in the open court on this the 5th day of August, 2022
Sd/-
Vinay Menon V
President
Sd/-
Vidya A
Member
Sd/-
Krishnankutty N.K
Member
Appendix
Exhibits marked on the side of complainant:
Ext. A1– Copy of the Bank Account statement of the complainant.
Ext. A2- Copy of the brochure of the profit club membership scheme of the
opposite parties.
Ext.A3- Copy of the profit club card issued by the opposite parties.
Exhibits marked on the side of Opposite parties
Nil
Witness examined from complainant’s side:- NIL
Witness examined from opposite party’s side:- NIL
Cost: 20,000/-(Rupees Twenty thousand only)
