DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION

WEST TRIPURA :  AGARTALA

 

 

CASE   NO:   CC- 101 of 2020.

 

Smt. Keya Deb Debbarma,

W/O. Sri Shambhu Deb,

Flat No.-A5, Pratiksha Apartment,

Kunjaban, P.O.-Abhoynagar,

P.S.-NCC, Agartala, Pin-799005,

Dist.-West Tripura ….........................................................................Complainant.

 

 

-VERSUS-

 

 

 

The Managing Director,

Mahindra Holidays and Resorts India Ltd. 

Mahindra Towers 2nd Floor,

Pattullour Road,  

Chennai, Pin-600002........................................................................ Opposite party.

 

 

     __________PRESENT__________

 

 

 SRI RUHIDAS  PAL

PRESIDENT,

  DISTRICT CONSUMER  

DISPUTES REDRESSAL COMMISSION,

      WEST TRIPURA, AGARTALA. 

 

 

DR  (SMT) BINDU PAL

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.

 

 

SRI SAMIR  GUPTA

MEMBER,

  DISTRICT CONSUMER 

DISPUTES REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.

 

 

C O U N S E L

 

For the Complainant : Sri Bimal Kanti Nath,

Advocate.

For the O.P.  : None-appeared.   

 

JUDGMENT  DELIVERED  ON :   02/05/2022.

J U D G M E N T

          The Complainant Smt. Keya Deb Debbarma, set the law in motion by presenting a petition U/S 35 of the Consumer Protection Act, 2019 complaining deficiency of service by the O.P.

The Complainant's case, in brief, is that the O.P. has been arranging meeting/seminar in the cities for enrollment of membership in its different schemes offering logistic support in terms of consideration for its business purpose which the Complainant accepted the invitation of the O.P. Company and had attended meeting on 21st September, 2019 which was arranged in a local hotel at Agartala, West Tripura. On assurance of the service of the O.P. Company, the Complainant was convinced and had decided to be a member of a scheme of 'Club Mahindra Membership' of the O.P. Company for logistic support for her family holidays with payment of membership fees with a great expectation. As per terms and conditions of the enrollment of the membership fees of Rs.1,99,500/- towards the Complainant and as per requirement the Complainant had paid an amount of Rs.50,850/- as down payment to the O.P. Company by Debit Card vide No.-4591530004322882 dated 21st September 2019 and again an amount of Rs.57,278/- had paid by the Complainant by multiple cheques vide cheque No.177309 dated 07/11/2019, 177298 dated 07/12/2019, 177299 dated 07/01/2020 & 177300 dated 07/02/2020 drawn on the SBI, Assam Rifles Branch, Agartala, West Tripura and by on line money transfer dated 15/02/2020. The Complainant had signed and enrolled her name and paid membership fees of total amount of Rs.1,08,128/- without knowing ulterior motive of the O.P. Company. Thereafter, the son of the Complainant desired to avail holidays with his spouse in the month of April, 2020. The O.P. Company had demanded additional payment for extending logistic support to the son of the Complainant. On 4th March, 2020 the Complainant had informed about all the deficiencies of the O.P. Company and expressed her willingness to withdraw her membership and requested for refund of all amount of total Rs.1,08,128/- paid by the Complainant for her membership in the scheme of 'Club Mahindra Membership' in the O.P. Company. 

So, being aggrieved and dissatisfied by the conduct of the O.P.,  the Complainant alleging deficiency of service has filed the instant complaint before this Commission for deficiency of service and  compensation for causing harassment, negligence, mental agony.

 2. On admission of the complaint notice was issued upon the O.P. But the O.P. after receiving the notice did not turn up and consequently the case was proceeded ex-parte against them vide order dated 12/04/2021. 

EVIDENCE ADDUCED BY THE COMPLAINANT:-

3. The Complainant examined herself as PW-I and submitted her examination in chief by way of affidavit. She has produced 05 documents comprising 19 sheets under  Firisti dated 25/06/2021. The documents on identification have been marked as Exhibit – 1 Series. 

4.    POINTS TO BE DETERMINED:-

  On perusal of the Complainant and having regard to the evidence adduced by the Complainant, the following points are to be determined: 

        (i).   Whether the proceeding is maintainable in law? 

        (ii). Whether there is deficiency of service on the part of the O.P. towards the Complainant?

   (iii). Whether the complainant is entitled to get any compensation/ relief as prayed for?    

5.          ARGUMENT OF THE COMPLAINANT SIDE :- 

        It is an ex-parte proceedings. Accordingly we heard Mr. Bimal Kanti Nath about the grievance of the Complainant. Mr. Nath submitted that the Complainant decided to be a member of a scheme of 'Club Mahindra Membership' of the O.P. Company. Accordingly, Complainant was enrolled as per terms and conditions of Membership under the scheme by the O.P. The Complainant's son desired to enjoy holidays with his spouse in the month of April, 2020 and accordingly on 30/01/2020. Complainant informed the O.P. to arrange for hotel and other entitled logistic support by the O.P. But subsequently O.P. had shown its inability to arrange the logistic support as per schedule of Son of the Complainant. Thus Complainant was harassed by the O.P. and suffered due to deficiency in service of the O.P. 

                   Learned Counsel further submitted that after receiving the notice O.P. did not turn up and did not contest the case. So, Complainant has been able to prove her case and entitled to get appropriate compensation.         

6.     DECISION AND REASONS FOR DECISION:                                     

        All the points are taken up together for decision for the convenience. We have gone through the complaint as well as exhibited documents. 

      On perusal of the original Membership Brochure(Exhibit-I series). We find that there is rules for reservation of procedure for availing Club Mahindra Bliss Holidays at point No.1.3. It is mentioned that all holidays reservations shall be done on a 'first-come-first-service' basis and are consequently subject to eligibility and availability. Request for reservation can be done from 4 month to 1 day prior to the commencement of the holiday. MHRIL reserves its right to change the period of request for reservation from time to time.

    From the above terms and conditions we find that MHRIL has right to change the period of request for reservation and it was subject to eligibility and availability. 

      From the facts of the Complainant's case we found that the request of the Complainant for booking holiday home or providing holiday home was not honoured. Since O.P. had right to change the period of request for reservation in our opinion there is no cause of action for filing the instant claim. 

  From the Membership Brochure we also find that there is a provision about the solving the dispute. At Point No.13 provision for Mediation is provided to settle the dispute and if mediation fails them there is a provision for Arbitration and Arbitrator will settle the dispute and Arbitration shall be as per the provisions of the Indian Arbitration and Conciliation Act, 1996. Since, there is a provisions for Arbitration as well as Mediation this Consumer Commission has no jurisdiction to entertain such type of complaint.  

          Hence, we are in the opinion that complaint is not maintainable in law. 

          Further we find that there is a provision at point No.13.3 in respect of territorial jurisdiction and it is provided that only the Civil Courts in Chennai City shall have jurisdiction to the exclusion of all other Courts. It is very much clear that if any dispute arises between any Member of the O.P. it will be decided by Civil Court not by Consumer Commission.            

7.          In view of the above findings and decisions we hold that proceedings is not maintainable in law. Hence, the complaint is dismissed. No. costs. 

     Supply a certified copy of the judgment to the Complainant free of cost. 

      Announced.

 

 

 

SRI  RUHIDAS  PAL

PRESIDENT,

DISTRICT CONSUMER  DISPUTES 

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA

 

 

 

 

 

DR (SMT)  BINDU  PAL

MEMBER, 

DISTRICT CONSUMER DISPUTES 

REDRESSAL COMMISSION, 

WEST TRIPURA, AGARTALA

 

SRI SAMIR  GUPTA

MEMBER,

  DISTRICT CONSUMER  DISPUTES  

REDRESSAL COMMISSION,

WEST TRIPURA,  AGARTALA.