COMPLAINT FILED:03.112011
DISPOSED ON:10.01.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
10th DAY OF JANUARY 2012
PRESENT :-
SRI. B.S. REDDY PRESIDENT
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.2015/2011
Complainant | Job D Madapat, WG CDR, OMQ No.P/9/25/1, Air Force Station, Jalahalli (East), Bangalore-560 014. Adv:Sri.Halesha R.G., V/s. |
OPPOSITE PARTIES | 1.The Regional Manager, The Country Vacations International Holiday Club (The Club), Registered Office at Country Club India Ltd., 6-3-1219, Begumpet, Hyderabad-500 016, State-Andrapradesh. 2.The Regional Manager, Country Club India Ltd, Developed and Promoted, The Country Vacations International Holiday Club (The Club), Registered Office at Amrutha Castle, No.5-9-16,Saifabad, Hyderabad-500 063, State-Andrapradesh. 3.The Manager/ Authorized signatory, Corporate Office of The Country Vacations International Holiday Club (The Club), No.3-6-12/13, 4th Floor, A1-Samad Building, Above Universal Bakery, Liberty X Roads, Himayat Nagar, Hyderabad-500 029, State-Andrapradesh. 4.The Divisional Manager/Authorized Signatory, Country Vacations, C/o Country Club India Limited, No.102, I Floor, No.48, S.S.Chambers, Kamath Hotel, Bowring Hospital Road, Bangalore-560 001. 5.Emmanuel, The Sales Manager/Representatives, Country Vacations, C/o Country Club India Limited, No.102, I Floor, No.48, S.S.Chambes, Kamath Hotel, Bowring Hospital Road, Bangalore-560 001. Placed Ex-parte. |
O R D E R
Sri.B.S.REDDY,PRESIDENT
The complainant filed this complaint Under Section 12 of the Consumer Protection Act of 1986 seeking direction against Ops to pay compensation of Rs.4,50,000/- for mental agony and mental upset and also his family members and ill-treatment of Club members on the allegation of deficiency in service on the part of the Ops.
2. In spite of service of notice, OP 1 to 4 failed to appear, hence placed ex-parte.
3.In order to substantiate complaint averments, the complainant filed affidavit evidence.
4. Arguments on complainant side heard.
5.We have gone through the complaint averments, the documents produced and affidavit evidence of the complainant. On the basis of these materials, it becomes clear that the Country Vacations International Holiday Club having its registered office at Country Club India Ltd., Begumpet, Hyderabad is developed and promoted by the Country Club India Ltd, having its registered office at Amrutha Castle. The Country Vacations a division of Country Club India Ltd, is legally entitled to market the same throughout India. The Country Vacations International Holiday has promised to provide accommodations in its club branches situated at allover the India on the basis of the entitling the purchaser to a right of occupation in order of Club Card type i.e., Purple, Super peak, season. The overleaf of the OP-Club produced as Annexure-A. The 5th OP working as Sales Manager of the 4th OP-Club has approached the complainant and promised about the facilities available in the Club. The complainant believed the words of OP5 and agreed to purchase membership card of OP-Club. The complainant paid Rs.1,05,000/- through his credit card on 01.04.2011 towards the membership payment and Ops have issued the receipt dt.31.03.2011 the same is marked as Annexure-B. Further OP has executed agreement for membership on 01.04.2011 as purchaser agreement. As per the agreement the Purple Card has been sold and it has got validity up to 30 years from 01.04.2011, it can be seen at second sheet of the agreement at typed page No.1, and immediate facilities mentioned as para-7 of the agreement and has promised about availability of all services with accommodation all over India. The copy of the purchase agreement dt.01.04.2011 is Annexure-C. OP has issued temporary membership card it has got valid upto 90 days from 23.04.2011 instead of issuing permanent purple card as agreed in the agreement while receiving Rs.1,05,000/- for the membership Club for the Purple Card. The Temporary Card has got expired after completion of the 90 days but, till today the OP had not issued the permanent card of purple to the complainant. The copy of the Temporary card is Annexure-D. OP has not provided the services as agreed in the agreement and they have collected the management charges. The Club authority is in deficiency in service as follows;
(i) Club authority has not issued permanent purple membership card after lapse of 90 days.
(ii) Club authority has not issued the Coupons
of SPA Services to avail free for the period of
three years.
(iii)At the time of joining complainant was informed that the purple membership holder avail six nights and seven days facilities at any of the Country Club or affiliated resorts in India and abroad by paying only the maintenance charges But, when complainant visited at Bandipura Country Club resort they have charged Rs.5,629/- as against to the promise made by the Club authority.
(iv)The complainant was also informed that all the resorts conform to four Star Hotel Standards and all rooms will be equipped with kitchenettes, microwave, refrigerator etc., in addition to free laundry service. But complainant found much inferior to what he was promised.
(v) All these facts have been intimated to the Club authority and complainant has tried to contact customer care numbers but, it was virtually impossible to contact due to network problem or busy in other line.
6.The Ops are in utter negligence in providing the service as promised, they failed to provide service, facility, there is deficiency in service on their part. The complainant got mental agony and his family members too to untold mental upset due to ill-treatment from the Club authority people it is all happened due to 5th OP, he is instrumental in complainant membership with the Country Vacations Club. Therefore, the complainant is claiming compensation of Rs.4,50,000/- by filing this complaint.
7.There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and the documents produced. The very fact of Ops remaining ex-parte leads to draw inference that Ops are admitting the claim of the complainant with regard to deficiency in service on their part. Though Ops have issued the receipt on 31.03.2011 acknowledging the receipt of Rs.1,05,000/- towards the Club membership of purple card from the complainant but the temporary membership card issued was only for 90 days from 23.04.2011. OP has not at all issued the purple card membership of the complainant and Ops also not issued SPA coupons to the complainant to be used to get free service up to 3 years. Further OP agreed to issue permanent membership card after completion of 90 days from 23.04.2011 but no permanent card has been issued, all these acts of Ops, amounts to deficiency in service on their part.
8.The complainant has claimed compensation of Rs.4,50,000/-for his mental agony and mental upset and also towards mental agony of his family members. Annexure-E the representation of the complainant through e-mail sent to the Ops reveals that the complainant has claimed refund of the membership fee paid amounting to Rs.1,05,000/- by cancelling his membership. We are of the view that the complainant is entitled for refund of the membership fee with interest at 18% p.a. by way of compensation. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part.
Ops are directed to refund an amount of Rs.1,05,000/- with interest at 18% p.a. from 01.04.2011 till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.
This order is to be complied within four weeks from the date of its communication.
Send copy of this order to both the parties free of costs.
(Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 10th day of JANUARY 2012.)
MEMBER PRESIDENT
Cs.
