Tamil Nadu

South Chennai

CC/77/2016

M/s.Shanvazz Mohamed - Complainant(s)

Versus

The Managing Director, Benze Vacation Club - Opp.Party(s)

M/s.S.Sathish Rajan, N.Lakshmanan.

22 Jul 2019

ORDER

                                                                        Date of Filing  : 01.03.2016

                                                                          Date of Order : 22.07.2019

                                                                                  

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHENNAI (SOUTH)

@ 2^ND Floor, T.N.P.S.C. Road, V.O.C. Nagar, Park Town, Chennai – 3.

 

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

TR. R. BASKARKUMARAVEL, B.Sc., L.L.M., BPT., PGDCLP.  : MEMBER

 

C.C. No.77/2016

DATED THIS MONDAY THE 22^ND DAY OF JULY 2019

                                 

Shanavazz Mohamed,

S/o. Mr. A. M. Mohamed Haneef,

No.47/C/C-1, Regal Enclave Flats,

Bajanai Koil Street,

Choolaimedu,

Chennai – 600 094.                                                        .. Complainant.                                               

 

        ..Versus..

The Managing Director,

Benze Vacations Club,

No.781, Loyola Towers,

2^nd Floor, Anna Salai,

Chennai – 600 002.                                                    ..  Opposite party.

 

Counsel for the complainant         : M/s. S. Sathish Rajan & another

Counsel for the opposite party     : M/s. P. Selvan Amunas & another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties 1 & 2 under section 12 of the Consumer Protection Act, 1986 prays to cancel the Elite Membership card bearing No.004422256 and refund the entire sum of Rs.30,000/- paid by the complainant towards Elite Membership with interest at the rate of 24% p.a. from 26.10.2015 till the date of realization and to pay a sum of Rs.4,00,000/- towards compensation for mental agony, negligence and deficiency in service with cost to the complainant.

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

The complainant submits that the opposite party is running a Recreation Club under the name and style of ‘Benze Vacation Club’ have made various advertisements and promotions/ publicities though SMS, e-mails and various other modes about their BENZE CLUB offers various gifts, concessions like free stay in Goa and in foreign countries etc.  On 09.09.2015, the marketing people of the opposite party called the complainant and offered a life membership card for a sum of Rs.15,000/- which according to the opposite party is worth about Rs.60,000/-. The complainant paid a sum of Rs.15,000/- on 10.09.2015.  The opposite party assured and promised the following offers namely;

a) Free accommodation and food in any one place at Goa, Simla or Ooty.

b) Free 20 spa coupons.

c) 20 days stay in Benze Club resorts with food.

d) Gym free complimentary event tickets in any of the Benze club in Tamil Nadu and Hyderabad.

 The representatives of the opposite party informed the complainant that the life card will be issued to the complainant on the very next date i.e. 11.09.2015.  But the same was issued only after 10 days on repeated requests and demands.  On 17.10.2015, the complainant took his family to ECR to stay for 2 days which was free as per offer marked as resorts and he can utilize up to a sum for Rs.15,000/- paid towards the Elite Card.  The complainant contacted the Customer Care Manager of the opposite party and paid further sum of Rs.15,000/- on 26.10.2015 towards Elite card.  The opposite party also provided 50 nos. of stay coupons, 50 nos. of Spa coupons.  But the Elite membership Card was given only on 29.10.2015 for the alleged reasons that the machine was under repair. 

2.     The complainant submits that even after becoming an Elite member, no concession were extended to the complainant.  Even for SPA, the opposite party demanded an additional sum of Rs.1,000/-.  The complainant came to know that the offer made by the opposite party is bogus.  The complainant approached that the Manager of the opposite party Ms. Prathiba and complained about the false assurances and requested her to refund the amount after cancelling the Elite membership card.   The Manager said that there is no free offers as assured in the broachers and the complainant have to pay everything, she has also sent an email on 05.11.2015 to the complainant detailing the charges to be paid for the utilizations of all the benefits. The complainant submits that on 06.11.2015, the complainant issued detailed a mail in informing the various frauds played by the opposite party and requested the opposite party to refund the entire amount of Rs.30,000/-.  The opposite party sent an evasive reply email dated:07.11.2015.  Thereafter on 11.11.2015, the complainant issued legal notice dated:11.11.2015 but no reply from the opposite party.  The act of the opposite party amounts to deficiency in service and unfair trade practice which caused great mental agony.   Hence, the complaint is filed.

3.      The brief averments in the written version filed by opposite party is as follows:

The opposite party specifically denies each and every allegation made in the complaint and put the complainant to strict proof of the same.    The opposite party states that the complainant himself came to the office of the opposite party for becoming a member of the club.  There is no such offer  has been proposed or assured to the complainant by the marketing people.   The amount of Rs.15,000/- received by the opposite party for life card membership.  On 10.09.2015 application was received and after verification and formalities of the club, card was issued on 11.09.2015.  The offers narrated is not free it would be subject to payment but the complainant and there should be some other should be given by the third parties like hotels, resorts etc since the complainant is the member of the opposite party.  No such visit made by the complainant on 17.10.2015 or any other dates to the Benze club Resort at ECR.   The opposite party states that the complainant accepted the terms and conditions and become a member on 26.10.2015.   Basic offers alone should be provided like complementary free stay and massage coupons.  The value of Elite membership of Rs.30,000/- was taken into consideration for that the opposite party had given complimentary spa, and stay to the value of Rs.1,00,000/- discounted coupon.    The opposite party sent a mail dated:05.11.2015 to the complainant details of the charges for the utilization and benefits.   The opposite party states that the membership fee is non-refundable at the time of cancellation.   The same was accepted by the complainant and thereafter only he signed the application form.   Therefore, there is no deficiency in service on the part of the opposite party and hence, the complaint is liable to be dismissed.

4.     To prove the averments in the complaint, the complainant has filed proof affidavit as his evidence and documents Ex.A1 to Ex.A9 are marked.  .  In spite of sufficient time is given, the opposite party has not filed any proof affidavit to prove the contention raised in the written version.

5.      The points for consideration is:-

1. Whether the complainant is entitled to cancel the Elite Membership Card bearing No.004422256 and get refund of the entire amount of Rs.30,000/- with interest at the rate of 24% p.a. as prayed for?
2. Whether the complainant is entitled to a sum of Rs.4,00,000/- towards compensation for mental agony, deficiency in service with cost as prayed of?

6.      On point:-

The opposite party after entering into appearance filed written version and miserably failed to file proof affidavit to prove the contentions raised in the written version.  The complainant filed his written argument.  Perused the records namely; the complaint, written version, proof affidavit and documents of the complainant.  The complainant pleaded and contended that the opposite party is running a Recreation Club under the name and style of ‘Benze Vacation Club’ have made various advertisements and promotions/ publicities though SMS, e-mails and various other modes about their BENZE CLUB offers various gifts, concessions like free stay in Goa and in foreign countries etc.  But no documents filed.  On 09.09.2015, the marketing people of the opposite party called the complainant and offered a life membership card for a sum of Rs.15,000/- which according to the opposite party is worth about Rs.60,000/-.   The complainant paid a sum of Rs.15,000/- on 10.09.2015.  Ex.A1 is the copy of payment acknowledgement.  The opposite party assured and promised the following offers namely;

a) Free accommodation and food in any one place at Goa, Simla or Ooty.

b) Free 20 spa coupons.

c) 20 days stay in Benze Club resorts with food.

d) Gym free complimentary event tickets in any of the Benze club in Tamil Nadu and Hyderabad.

 The representatives of the opposite party informed the complainant that the life card will be issued to the complainant on the very next date i.e. 11.09.2015.  But the same was issued only after 10 days on repeated requests and demands. Ex.A2 is the copy of membership card.  On 17.10.2015, the complainant took his family to ECR to stay for 2 days which was free as per offer marked as resorts and he can utilize up to a sum for Rs.15,000/- paid towards the Elite Card. The complainant contacted the Customer Care Manager of the opposite party and paid further sum of Rs.15,000/- on 26.10.2015 towards Elite card as per Ex.A4.   The opposite party also provided 50 nos. of stay coupons, 50 nos. of Spa Coupons.  But the Elite Membership Card was given only on 29.10.2015 as per Ex.A5. 

7.     Further the contention of the complainant is that even after becoming an Elite member, no concession were extended to the complainant.  Even for SPA card, the opposite party demanded an additional sum of Rs.1,000/-.  The complainant came to know that the offer made by the opposite party is bogus.  The complainant approached that the Manager of the opposite party Ms. Prathiba and complained about the false assurances and requested her to refund the amount after cancelling the Elite membership card.   The Manager replied that there is no free offer proves that all the advertisements and broachers are false and was created for cheating. Further the contention of the complainant is that on 06.11.2015, the complainant issued detailed a mail as per Ex.A6 in informing the various frauds played by the opposite party and requested the opposite party to refund the entire amount of Rs.30,000/-.  The opposite party sent an evasive reply email dated:07.11.2015 as per Ex.A7.  Thereafter on 11.11.2015, the complainant issued legal notice as per Ex.A8.  Since, there is no proper response from the opposite party, the complainant was constrained to file this case. The various contentions raised by the opposite party in its written version has not been proved by way of filing proof affidavit and documents proves the deficiency in service on the part of the opposite party.  Considering the facts and circumstances of the case, this Forum is of the considered view that the opposite party shall refund a sum of Rs.30,000/- after cancelling the Elite membership card and a compensation of Rs.10,000/- for mental agony with cost of Rs.10,000/- to the complainant.

In the result, this complaint is allowed in part.   The opposite party is directed to refund a sum of Rs.30,000/- (Rupees Thirty thousand only) after cancelling the Elite membership card and to pay a sum of Rs.10,000/- (Rupees Ten thousand only) towards compensation for mental agony with cost of Rs.10,000/- (Rupees Ten thousand only) to the complainant.  

The aboveamounts shall be payablewithin 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 Steno-typist, taken down, transcribed and computerized by her, corrected by the President and pronounced by us in the open Forum on this the 22^nd day of July 2019. 

 

MEMBER                                                                                PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	10.09.2015	Copy of payment acknowledgement for life membership
Ex.A2		Copy of life membership smart card
Ex.A3		Copy of Free packages list given by the opposite party
Ex.A4	26.10.2015	Copy of payment acknowledgement for Elite membership
Ex.A5		Copy of Elite Membership Smart card
Ex.A6	06.11.2015	Copy of email sent by the complainant
Ex.A7	07.11.2015	Copy of reply mail sent by the opposite party
Ex.A8	11.11.2015	Copy of legal notice sent by the complainant
Ex.A9	14.11.2015	Copy of proof of delivery

 

OPPOSITE PARTY SIDE DOCUMENTS:-  Proof Affidavit – not filed.

 

                              

MEMBER                                                                                PRESIDENT