BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD, THIRUVANANTHAPURAM.

PRESENT

SRI. P.V.JAYARAJAN                                           :  PRESIDENT

SMT. PREETHA G. NAIR                                     : MEMBER

SRI. VIJU V.R                                                          : MEMBER

C.C. No. 486/2023(Filed on 30.09.2023)

ORDER DATED: 29.08.2024

Complainant:

Sudheendran N., S/o Narayanan, Thushara, Thottaikkadu, Karavaram P.O., Kallambalam, Thiruvananthapuram-695 605.

(Party in person)

Opposite party:

The Manager, Country Vacations, 4C, 4^th Floor, Capitol Centre, Opp: Secretariat, M.G. Road, Statue, Thiruvananthapuram-695 001.

ORDER

SRI. P. V. JAYARAJAN:  PRESIDENT

This complaint is filed under Sec. 35 of the Consumer Protection Act, 2019 and the matter stood over to this date for consideration.  After hearing the matter this Commission passed an order as follows:

2.  This is a complaint filed by the complainant against the opposite party alleging deficiency in service on the part of the opposite party.  After admitting the complaint notice was issued to the opposite party to appear before this Commission on 19.01.2024.  The said notice was accepted by the opposite party on 20.12.2023.  Even after accepting the notice the opposite party failed to appear before this Commission and hence on 03.02.2024, the opposite party was called absent and set ex-parte.

3.  The case of the complainant in short is that on 10.07.2023 the complainant received a phone call from the office of the opposite party informing that the complainant is the winner of the lucky draw conducted in connection with the Sivagiri Exhibition and asked the complainant to collect the pass for three days’ free accommodation from the office of the opposite party.  Accordingly on 12.07.2023 the complainant and his wife went to the office of the opposite party and at that time one of the staff of the opposite party told that, the pass is being prepared and they were taken to another room and explained about the activities of the opposite party’s vacation club.  A staff of the opposite party explained that if a VIP membership is taken, they will get an offer of six nights and seven days free accommodation in their hotels all over India and further informed that the membership fee is Rs. 1.5 Lakhs and the validity of the scheme is for a period of 99 years.  The complainant told the staff of the opposite party that he is not interested and at that time, the staff of the opposite party explained about another VIP membership package for Rs. 66,849/- for a period of ten years with all the facilities offered in the VIP membership scheme and further informed that this is a special discount scheme and that day is the last day for enrolment to the said scheme and from the next day onwards the discount will not be available.  Further the opposite party’s staff informed that there is a provision to pay the amount in 12 monthly installments.  Then the complainant shown interest in the scheme and consented for registering his name for the said scheme.  According to the complainant even after several months he has not received the membership card of the scheme.  A paper was handed over to the complainant by the staff of the opposite party which shows some additional conditions regarding payment of Rs. 7,000/- towards annual maintenance.  This condition was not disclosed to the complainant at the time of registering in the scheme.  The complainant submits that till the date of filing this complaint the complainant has not received the membership card or any other connected papers regarding the details of the scheme.  The complainant further alleges that the opposite party is deducting monthly recovery of the amount from the account of the complainant without his consent.  Till the date of filing this complaint, the complainant has not availed any facilities provided by the opposite party through the above referred scheme.  The complainant further submits that as the condition of annual maintenance charge of Rs. 7,000/- was not disclosed by the opposite party at the time of enrolling in the scheme, the act of the opposite party amounts to deficiency in service and unfair trade practice.  Hence the complainant approached this Commission for redressing his grievances. 

The evidence in this case consists of PW1 and Exts. P1 to P6 from the side of the complainant.  The opposite party being declared ex-parte, there is no affidavit or documents from the side of the opposite party. 

5.  Issues to be considered are:

1. Whether there is any deficiency in service and unfair trade practice on the part of the opposite party?
2. Whether the complainant is entitled to the reliefs claimed in the complaint?
3. Order as to costs?

6.  Issues (i) to (iii): Heard.  Perused the affidavit, documents and connected records.  To substantiate the case of the complainant, the complainant himself sworn an affidavit as PW1 and Exts. P1 to P6 were produced and marked.  Ext. P1 is the letter issued by the complainant to the opposite party expressing his willingness to join in the VIP membership scheme.  Ext. P2 is the copy of the online receipt issued by the opposite party to the complainant for receipt of Rs. 66,849/-.  Ext. P3 is the letter handed over to the complainant by the opposite party showing the details of the scheme.  Ext. P4 is the visiting card of the representative of the opposite party.  Ext. P5 is the e-mail communication from the opposite party to the complainant.  Ext. P6 is the statement of account in respect of the account maintained by the complainant in SBI, Kallambalam town branch.  Exts. P1 to P6 proves the transaction between the complainant and the opposite party.  Though the complainant enrolled as a member of the VIP membership scheme, he has not received any membership card or any other services provided by the opposite party through that scheme.  Ext. P3 shows that there is a condition of AMC of Rs. 7,000/- which was not disclosed by the opposite party at the time of enrolling the complainant as a member of the scheme.  On seeing the condition for payment of Rs. 7,000/- as AMC the complainant informed the opposite party about his willingness to withdraw from the VIP membership scheme.  In spite of his request to withdraw from the scheme, the opposite party continued to deduct the EMI from the account of the complainant.  As the opposite party was declared ex-parte, there is no contra evidence from the side of the opposite party to discredit the evidence adduced by the complainant.  Hence the evidence adduced by the complainant stands unchallenged.  In the absence of any evidence from the side of the opposite party, we accept the evidence adduced by the complainant.  By swearing an affidavit as PW1 and by marking Exts. P1 to P6 documents, we find that the complainant has succeeded in establishing his case against the opposite party.  From the available evidence before this Commission, we find that there is deficiency in service and unfair trade practice on the part of the opposite party.  It is also evident that the complainant has suffered mental agony and financial loss due to the act of the opposite party.  As the mental agony and financial loss to the complainant was caused due to the deficiency in service and unfair trade practice on the part of the opposite party, we find that the opposite party is liable to compensate the loss sustained by the complainant.  In view of the above discussions, we find that this is a fit case to be allowed in favour of the complainant.  

In the result, the complaint is allowed.  The opposite party is directed to pay Rs. 1,00,000/- (Rupees One lakh only) as compensation along with Rs. 2,500/- (Rupees Two Thousand Five Hundred only) being the cost of this proceedings to the complainant within 30 days from the date of receipt of this order failing which the amount except cost shall carry an interest @ 9% per annum from the date of order till the date of remittance/realization. 

A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.

Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Court, this the 29^th day of August 2024.

              Sd/-

P.V.JAYARAJAN                : PRESIDENT 

               Sd/-

PREETHA G. NAIR           : MEMBER  

             Sd/-

                                                     VIJU V.R                          : MEMBER

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C.C. No. 486/2023

APPENDIX

  I      COMPLAINANT’S WITNESS:

          PW1  - Sudheendran

II       COMPLAINANT’S DOCUMENTS:

          P1     - Copy of letter issued by the complainant to the opposite party

          P2     - Copy of online receipt issued by opposite party

          P3     - Copy of letter handed over to the complainant by the opposite party

          P4     - Copy of visiting card of the representative of the opposite party. 

          P5     - Copy of e-mail communication from the opposite party to the

                      complainant

          P6     - Copy of statement of account

III      OPPOSITE PARTY’S WITNESS:

                   NIL

 IV     OPPOSITE PARTY’S DOCUMENTS:

                   NIL

                                                                                                                                                Sd/-

                                                                                                                                       PRESIDENT

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