BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. G. SIVAPRASAD : PRESIDENT
SMT. BEENAKUMARI. A : MEMBER
SMT. S.K.SREELA : MEMBER
C.C. No. 350/2010 Filed on 02.11.2010
Dated : 16.02.2011
Complainant:
Pradeep. N.S, 'Lekshmi Vihar', House No. 332, Ramavarma Lane, Babuji Nagar, Pongumoodu, Medical College P.O, Thiruvananthapuram.
(By adv. S. Manikantan Nair)
Opposite parties :
The Secretary, M/s Country Vacations, International Holiday Club(I) Ltd., 4 'C' fourth floor, Capitol Center, Statue, Opp: Secretariat, M.G. Road, Thiruvananthapuram.
M/s Country Vacations, International Holiday Club(I) Ltd., 4 'C' fourth floor, Capitol Center, Statue, Opp: Secretariat, M.G. Road, Thiruvananthapuram.
This O.P having been heard on 09.02.2011, the Forum on 16.02.2011 delivered the following :
ORDER
SMT. S.K. SREELA, MEMBER
The grievance of the complainant is as follows: The complainant had paid an amount of Rs. 35,000/- on 04.05.2008 to the opposite party company towards membership as Member No. CC 550042. Complainant was admitted as member in the club of opposite parties after some proceedings from their side which according to their conditions were requisites for the purpose. As per the terms and conditions of the scheme “If the complainant inform about any tour proposed, the opposite parties were bound to reserve and ensure accommodation such as boarding and lodging in the tie up resorts of the opposite parties. Accordingly the complainant approached the opposite parties when he prepared and arranged tour to Kodaikanal and opposite parties have ensured the complainant that they will arrange boarding and lodging at Kodaikanal in the country Club Valley Vista, Shendaganur, Prakashpuram, Kodaikanal for their stay for two days from 04.09.2009 to 06.09.2009. When the complainant along with his family members arrived at the above resort during the midnight and requested two rooms as instructed by the opposite parties as per their vacation tour conformation voucher issued to the complainant, they were not accommodated. The complainant has strictly complied with the instructions in the said voucher and all the documents in proof of identity were shown but no room was provided for them, stating that no room was reserved by the opposite parties for the stay of the complainant and his family members for the aforesaid dates. Being midnight the complainant and his family members including females were shocked to hear that no room was reserved for them. Then the complainant and his family members wandered every nook and corner of the said place for getting boarding and lodging as refugees. Finally they could get two rooms in Sterling Holiday Resorts, Lake View, Kodaikanal at the recommendation of the complainant's close relative named Mr. Sainubramaputhran, who is the member of the said resort. The wrong information from the opposite parties misguiding the complainant and the non-performance of the terms agreed upon caused miseries and hardship to the complainant and family members, and also resulted grave mental agony and loss to the complainant and his family members. Hence this complaint.
Inspite of acceptance of notice from the Forum, the opposite parties neither appeared before the Forum nor filed their version. Hence opposite parties remain exparte.
Complainant has filed affidavit in lieu of chief examination and marked Exts. P1 to P6. Complainant, PW1, has not been cross examined and hence his affidavit stands unchallenged.
The issues for consideration are:-
Whether there is deficiency in service on the part of opposite parties?
Whether the complainant is entitled for the reliefs claimed?
Points (i) &(ii):- The receipt for Rs. 35,000/- issued by the Country Vacations International Holiday Club proves that the complainant is a member of the said club as the said amount has been collected towards country club membership. The above referred receipt has been marked as Ext. P1. The allegation of the complainant is that, the complainant along with his family members including females and kids arranged a tour to Kodaikanal and the opposite parties had ensured that they will arrange boarding and lodging at Kodaikanal in the Country Club Valley Vista, Kodaikanal, for their stay for 2 days from 04.09.2009 to 06.09.2009. That to the shock of the complainant, as assured by the opposite parties, they were not accommodated when they reached Kodaikanal. As per Ext. P5 vacation confirmation voucher, it could be found that the complainant Pradeep N.S, Membership No. CC 550042, has been issued with a vacation confirmation details wherein the booking date, check-in date and check-out dates have been mentioned. Further, the resort and the address etc. have been mentioned specifically. Despite the issuance of the said confirmation voucher, the complainant and his family were not provided accommodation as confirmed. Complainant has filed affidavit in support of his pleadings and he has not been cross examined by the opposite parties, hence his sworn statement stands uncontroverted.
From the documents and evidence adduced by the complainant, we find that the complainant has succeeded in establishing his complaint and the difficulties he had to face due to the deficiency in service on the part of the opposite parties. The agony of a person who along with his family were left unattended in an unknown place without accommodation that too during cold midnight requires serious consideration. The complainant has pleaded that due to the fortunate involvement of one of his close relatives one Mr. Sainubramaputhran, the complainant and family could find shelter in the midnight. The complainant as PW1 has sworn that, they had wandered every nook and corner of the said place for getting boarding and lodging as refugees and finally got 2 rooms in Sterling Holiday Resorts, Lake View, Kodaikanal at the recommendation of the said Sainubramaputhran who is the member of the said resort. Ext. P5 series corroborate the same. As per Ext. P5(c), it is evident that the complainant has been accommodated in Sterling Holiday Resorts, Kodaikanal as a guest of Mr. Sainubramaputhran and the said Guest Master Folio bears the signature of the complainant in the Guest's signature column.
In view of the above discussions we are of the view that the act of the opposite parties in not providing accommodation to the complainant inspite of issuance of confirmation voucher definitely amounts to gross deficiency in service on their part for which the complainant has to be compensated and we find that the opposite parties shall refund the membership fee and shall pay Rs. 10,000/- towards compensation for the same. Further the opposite parties are liable to refund the expense which the complainant had to meet as per Ext. P5 series which comes to Rs. 1,851/- and the same is rounded to Rs. 2,000/-.
In the result, the complaint is allowed. Opposite parties shall refund Rs. 47,000/- (Rs. 35,000/- + Rs. 10,000/- + Rs. 2,000/-) to the complainant along with a cost of Rs. 2,000/- within a period of one month from the date of receipt of the order failing which the entire amount shall carry interest @ 9% from the date of order.
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 Forum, this the 16th day of February 2011.
S.K. SREELA : MEMBER
G. SIVAPRASAD : PRESIDENT
BEENAKUMARI. A : MEMBER
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C.C. No. 350/2010
APPENDIX
I COMPLAINANT'S WITNESS :
PW1 - Pradeep N.S
II COMPLAINANT'S DOCUMENTS :
P1 - Original receipt No. 218 dated 04.05.2008
P2 - Advocate notice dated 19.10.2009.
P3 - Postal receipt dated 19.10.2009
P4 - Acknowledgement card
P5 - No. of bills.
P6 - Copy of vacation confirmation voucher.
III OPPOSITE PARTY'S WITNESS :
NIL
IV OPPOSITE PARTY'S DOCUMENTS :
NIL
PRESIDENT
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