Date of Filing : 29.07.2013
Date of Order : 06.04.2016.
DISTRICT CONSUMER DISPUTE REDRESSAL FORUM, CHENNAI(SOUTH)
2nd Floor, Frazer Bridge Road, V.O.C.Nagar, Park Town, Chennai-3
PRESENT: THIRU. B. RAMALINGAM M.A.M.L., : PRESIDENT
TMT. K.AMALA, M.A. L.L.B., : MEMBER I
DR. T.PAUL RAJASEKARAN, M.A PGDHRDI, AIII,BCS : MEMBER II
C.C.NO.249/2013
WEDNESDAY THIS 6TH DAY OF APRIL 2016
D. Bhoopathy Shankar,
Plot No.46, 5th Street,
Phase I, Porur Garden,
Vanagaram,
Chennai 600 095. ..Complainant
..Vs..
1. Authorized Authority,
Country Club (India) Ltd.,
No.6-3, 1219, Begamapet,
Hyderabad 500 016.
2. The Senior Customer Care Manager,
Sri Vallahha Towers,
1st Floor, Old No.6, New No.11,
Park Circle, College Road,
Numgambakkam,
Chennai 600 006. ..Opposite parties
For the Complainant : Mr. V.Surendra & another .
For the Opposite parties : M/s. V.T.Narendiran & another
Complaint under section 12 of the Consumer Protection Act 1986. The complaint is filed seeking direction against the opposite parties to refund a sum of Rs.35,000/- and also to pay a sum of Rs.60,000/- towards deficiency in service, mental agony and unfair trade practice and also cost of the complaint to the complainant.
ORDER
THIRU. B. RAMALINGAM PRESIDENT
1.The case of the complainant is briefly as follows:-
The complainant submit that the opposite parties engaged in business of holiday resorts and on the basis of the advertisement and publicity made by the opposite parties, the complainant and his family members were issued Millionaire country club membership cards after payment of sum of Rs.35,000/- which were paid in different dates and the copies of the entries of the relevant bank account for the encashment of cheque for the said payment is also filed. Though the opposite parties has given promise to holiday stay in resorts, when the complainant asked for availing such service and was orally informed that he should pay annual maintenance charges and asked to go to web site to know the details. Thereafter the complainant approached the opposite parties to ensure whether they have indicated about the payment of annual maintenance charges either in the application form or in their prospectus given to the complainant. The opposite parties have not sent any letter to the complainant about the balance amount due and payable. Despite of demand made by the complainant the opposite parties neither provided the resorts to stay as availing service and demanded for payment of annual maintenance without any terms and agreement, informed to him that the complainant is aware at the time of entering the membership. As such the opposite parties have committed deficiency of service which caused mental agony and hardship to the complainant. As such the complainant has sought for refund of a sum of Rs.35,000/- and also to pay a sum of Rs.60,000/- towards deficiency in service, mental agony and unfair trade practice and also cost of the complaint to the complainant. Hence the complaint.
Written Version of opposite parties is briefly as follows:
2. The opposite parties deny all the averments and allegation contained in the complaint except those that are specifically admitted herein. The opposite parties submit that the complaint is not maintainable and there is no cause of action, the complainant having entered into a membership by signing the agreement, complainant cannot raise such grievance for the payment of annual maintenance charges and asked for cancellation of membership and refund of membership amount with compensation. Hence the complaint is not maintainable and liable to be dismissed.
3. Complainant has filed his Proof affidavit and Ex.A1 to Ex.A15 were marked on the side of the complainant. Proof affidavit of Opposite parties are filed and no documents was marked on the side of the opposite parties.
4. The points that arise for consideration are as follows:-
1) Whether there is any deficiency in service on the part of the opposite parties?
- Whether the complainant is entitled to the reliefs sought for?.
5. POINTS 1 to 2 : -
Perused the complaint filed by the complainant, the written version filed by the opposite parties, proof affidavits filed by the complainant and the opposite parties 1 and 2 and the documents Ex.A1 to Ex.A15 filed on the side of complainant and considered the both sides arguments.
6. Considering the both side case that there is no disputes between the both parties that the opposite parties engaged in business of holiday resorts and on the basis of the advertisement and publicity made by the opposite parties, the complainant and his family members were issued Millionaire country club membership cards Ex.A12 after payment of sum of Rs.35,000/- which were paid in different dates as per receipts Ex.A4 to Ex.A10 and the copies of the entries of the relevant bank account for the encashment of cheque for the said payment is Ex.A11.
7. The complainant has raised grievance in the complaint that though the opposite parties has given promise to holiday stay in resorts, when the complainant asked for availing such service the complainant was denied by them saying that the complainant has not paid the annual maintenance charges and the complainant raised further grievance that the complainant is not liable to pay maintenance charges, since there is no such terms and conditions informed at the time of applying for the membership and even there is no such clause for payment of maintenance charges was found in the application form. The complainant has filed this complaint stating despite of demand made by the complainant the opposite parties neither provided the resorts to stay as availing service and demanded for payment of annual maintenance without any terms and agreement informed to him that the complainant is among at the time of entering the membership as such complainant has claimed refund of the payment made a sum of Rs.35,000/- to the opposite parties and with interest and with compensation.
8. Whereas the opposite parties has raised the objection that the complaint is not maintainable and there is no cause of action, the complainant having entered into a member ship by signing the agreement, complainant cannot raise such grievance for the payment of annual maintenance charges and asked for cancellation of membership and refund of membership amount with compensation, and contented that the complaint is not maintainable and liable to be dismissed.
9. It is the admitted case of the complainant that the complainant and his family members have became a member of the country club, but denies that he has not informed at the time of applying for the member ship regarding payment of annual maintenance charge by the opposite parties. The denial of the opposite parties for providing resorts when asked for by the complainant for stay on the ground that the complainant has not paid annual maintenance charge is of the deficiency of service on the part of opposite parties as such the complainant not willing to continue to be a member and asked for refund of amount paid by him with compensation. However though the opposite parties have stated that the complainant has entered with the opposite parties under the unrevokeable agreement and became a member, but the opposite parties have not produced the said agreement executed by the complainant or the application for membership signed by the complainant at the time of becoming member, despite of the demand made by the complainant as document before this forum. Therefore the contention raised by the opposite parties, that the complainant had agreed to pay the annual maintenance in the agreement executed by him is not proved on the side of opposite parties. The non production of the alleged agreement said to have been executed by the complainant to the opposite parties and the copy of the application signed by the complainant for seeking member ship on the side of opposite parties before this forum in support of their contention, without any valid reason or explanation is compels this forum to take adverse inference as against the opposite parties, in this aspect. Further the amount of Rs.35,000/- received from the complainant as per receipts Ex.A4 to A10 are also reveals that Rs.10000/- as per receipts Ex.A4 and Ex.A5 were received as deposit, and other amounts Rs.25000/- as per the receipts Ex.A6 to Ex.A10 were received as installments and there is no proper explanation on the side of opposite parties that what is the actual amount collected for membership, covering which period, and on what terms etc. Considering the above facts it is doubtful whether the complainant was a permanent member of opposite party’s club or his admission of membership yet to be finalized. Further the main purpose of complainant becoming a member of the opposite parties club is to avail the service of providing of resorts by the opposite parties. However the complainant was denied the same when approached on the ground of non-payment of demand of payment of annual maintenance. The opposite parties despite of demand made by the complainant neither produced the proof of terms and conditions agreed by the complainant for payment of annual maintenance nor produced the copy of the application submitted by the complainant for membership, in order to find out such conditions for payment of annual maintenance fee is mentioned in the application form. Therefore as contended by the complainant the opposite parties without any basis or agreement demanding payment of annual maintenance charge has refused to provide service of providing resorts to stay when approached by the complainant which amounts to deficiency of service on the part of the opposite parties is acceptable. Therefore the complainant demand for cancellation of membership and refund of amount paid for a sum of Rs.35,000/- against the opposite parties is also justifiable and opposite parties are also liable to return the same to the complainant.
10. Therefore, considering the above facts and circumstances of the case, we are of the considered view that the opposite parties are jointly and severally liable to return or refund a sum of Rs.35,000/- to the complainant with interest at the rate of 12% p.a. from the date of demand i.e 06.06.2013 to till the date of payment and also to pay a sum of Rs.10,000/- as just and reasonable compensation towards the mental agony and suffering and with sum of Rs.5000/- as litigation charges . Accordingly the points 1 and 2 are answered.
In the result, this complaint is partly allowed. The opposite parties are jointly and severally directed to refund a sum of Rs.35,000/- (Rupees Thirty Five thousand only) with interest at the rate of 12% p.a. from 06.06.2013 to till the date of payment, and to pay a sum of Rs.10,000/-(Rupees ten thousand only) as compensation and also to pay a sum of Rs.5,000/- (Rupees Five thousand only) towards litigation charges to the complainant within six weeks from the date of this order, failing which the above said compensation amount of Rs.10,000/- will also carry interest at the rate of 12% p.a. from the date of order to till the date of payment.
Dictated to the Assistant transcribed and typed by her corrected and pronounced by us on this the 6th day of April 2016.
MEMBER-I MEMBER-II PRESIDENT.
Complainant’s side documents:
Ex.A1- 22.10.2017 - Copy of letter from the opposite party.
Ex.A2- 5.6.2009 - Copy of letter from the opposite party with enclosure.
Ex.A3- - - Copy of letter from the opposite party with enclosure.
Ex.A4- 29.6.2009 - Copy of Temporary receipt No.264
Ex.A5- 18.7.2009 - Copy of Temporary receipt No.331.
Ex.A6- 7.9.2009 - Copy of Temporary receipt No.501.
Ex.A7- 22.12.2009 - Copy of Temporary receipt No.579.
Ex.A8- 23.12.2009 - Copy of Temporary receipt No.748.
Ex.A9- 11.2.2010 - Copy of Temporary receipt No.637.
Ex.A10- 12.2.2010 - Copy of Temporary receipt No.897.
Ex.A11- - - Copy of Bank Pass book
Ex.A12- - - Copy of Membership card.
Ex.A13-10.12.2011 – Copy of letter from complainant.
Ex.A14- 6.6.2013 - Copy of legal notice issued to opposite parties.
Ex.A15- 28.6.2013 - Copy of reply notice.
Opposite parties’ Exhibits:-
.. Nil ..
MEMBER-I MEMBER-II PRESIDENT.
