Tamil Nadu

South Chennai

CC/391/2014

M/s.Thangam Sankaranarayanan - Complainant(s)

Versus

Country Vacations, A Division of Country Club (India) Ltd., - Opp.Party(s)

A.Kuppusamy

20 Feb 2019

ORDER

                                                                        Date of Filing  : 05.09.2014

                                                                          Date of Order : 20.02.2019

                                                                                  

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-II

 

C.C. No.391/2014

DATED THIS WEDNESDAY THE 20^TH DAY OF FEBRUARY 2019

                                 

Mrs. Thangam Sankaranarayanan,

W/o. Dr. V. N. Sankaranarayanan,

No.2A, C.G.E. Colony,

Kuppan Beach Road,

Thiruvanmiyur,

Chennai – 600 041.                                                      .. Complainant.                                             

 

                                                                                            ..Versus..

1. Country Vacations,

A Division of Country Club (India) Ltd.,

(Branch Office),

No.169, (Old No.76), 2^nd Floor,

T.T.K. Toad.

Alwarpet,

Chennai – 600 018.

 

2. Country Club India Limited,

No.6-3-1219/A, 2^nd Floor,

Begumpet,

Hyderabad – 500 016.                                            ..  Opposite parties.

          

Counsel for the complainant                  :  Mr. A. Kuppu Swamy

Counsel for the opposite parties 1 and  2  :  M/s. V.T. Narendiran and

                                                                   another

 

ORDER

THIRU. M. MONY, PRESIDENT

       This complaint has been filed by the complainant against the opposite parties under section 12 of the Consumer Protection Act, 1986 praying to pay a sum of Rs.94,000/- as the amount received by the opposite party from the complainant with interest at the rate of 24% p.a. from the date of payment to till the date of realization and to pay a sum of Rs.1,00,000/- towards compensation for mental agony, extreme humiliation and physical strain with cost to the complainant.

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

The complainant submits that the representative of the 1^st opposite party namely Ms. Usha and R. Sridhar explained and narrated the attractive features of the opposite parties club and hotels and assured that they will provide cheap, short term holidays for every five years and several incentives including free holidays for 7 days in India or Asia etc and offered to provide full air-fare for any wherein India for 4 persons.   Attracted by the sweet words, the complainant agreed to be a member of the opposite party’s club and paid a sum of Rs.90,000/- on 02.08.2013 and entered into a purchase agreement for club with vacation membership on 01.08.2013.    During the month of September 2013, the opposite parties’ representative offered 4 free return tickets for the first holiday.  The complainant also decided to avail the services of the opposite parties and planned to visit Mathura in U.P. along with her daughter claiming 2 free domestic air tickets from Chennai to New Delhi and back.  The complainant also planned to have a trip for only 4 days from 12.10.2013 to 16.10.2013.  The 1^st opposite party also demanded a sum of Rs.4,000/- towards booking of a double room at Goverdhan Palace Hotel at Mathura.  For due confirmation, the complainant contacted Mr. R. Sridhar, Mr. B.R. Byreddy, Customer Care Assistant Manager and sent several e-mails.   But there is no proper response.  Finally about 2 days before the trip, the complainant got suspicion and called Mr. B.R. Byreddy.   But he cut off the calls and stopped talking.   The complainant visited twice in the office of the 1^st opposite party and discussed the matter more than 20 times.  At long last, the opposite parties cheated the complainant resulting total disappointment, humiliation by the opposite party’s officials caused great mental agony.  The complainant submits that the opposite parties assured the ticket very soon but negatived totally.  Hence, the complainant issued notice dated:03.11.2013, 27.11.2013 & 10.03.2014 for refund of the membership fee.  However, there is no reply from the opposite parties.  The act of the opposite parties amounts to deficiency in service and unfair trade practice.  Hence, the complaint is filed.

2.      The brief averments in the written version filed by the  opposite parties 1 & 2 is as follows:

 The opposite parties 1 & 2 specifically deny each and every allegations made in the complaint and puts the complainant to strict proof of the same.    The opposite parties 1 & 2 state that after satisfying with the contract agreement i.e. Purchase Agreement for club and Membership Agreement dated:01.08.2013 only then she entered into an agreement with the company.  The opposite parties 1 & 2 state that they had only offered that the company would get discounts to their members on Airline fare for travel within country and also as specifically stated in the agreement that  the discounts would vary from time to time and from Airline to Airline.  The opposite parties 1 & 2 state that Mathura has no Airport and hence there can be no flight tickets to be booked.  The opposite parties 1 & 2 state that there is no other things over and above it that was promised.  The opposite parties 1 & 2 state that as per the agreement i.e. Purchase Agreement for club and membership agreement dated:01.08.2013, the membership fee is non-refundable and the said amount paid by the complainant as membership fee is not a deposit.    The opposite parties 1 & 2 state that for the purpose of vacationing for the complainant and his family and the company is ready and willing to stand by and provide all the facilities as made out in the said agreement.  Therefore, there is no deficiency in service on the part of the opposite parties 1 & 2 and hence, the complaint is liable to be dismissed.

3.     To prove the averments in the complaint, the complainant has filed proof affidavit as her evidence and documents Ex.A1 to Ex.A12 are marked.  Proof affidavit of the opposite parties 1 & 2 is filed and no document is filed and marked on the side of the opposite parties 1 & 2.

4.      The points for consideration is:-

1. Whether the complainant entitled to get return of Rs.94,000/- paid as membership fee to the 1^st opposite party with interest at the rate of 24% p.a. as prayed for?
2. Whether the complainant entitled to a sum of Rs.1,00,000/- towards compensation for mental agony, deficiency in service, unfair trade practice with exemplary cost as prayed for?

5.      On point:-

Both parties filed their respective written arguments.   Heard their Counsels also.  Perused the records namely the complaint, written version, proof affidavits and documents.   The complainant pleaded and contended that the representatives of the 1^st opposite party namely Ms. Usha and R. Sridhar explained and narrated the attractive features of the opposite parties club and hotels and assured that they will provide cheap, short term holidays for every five years and several incentives including free holidays for 7 days in India or Asia etc and offered to provide full air-fare for any wherein India for 4 persons.   Attracted by the sweet words, the complainant agreed to be a member of the opposite party’s club and paid a sum of Rs.90,000/- on 02.08.2013 and entered into a purchase agreement for club with vacation membership on 01.08.2013 as per Ex.A1.  Ex.A2 & Ex.A3 are the copy of payment receipts.  During the month of September 2013, the opposite parties’ representative offered 4 free return tickets for the first holiday.  The complainant also decided to avail the services of the opposite parties and planned to visit Mathura in U.P. along with her daughter claiming 2 free domestic air tickets from Chennai to New Delhi and back.  The complainant also planned to have a trip for only 4 days from 12.10.2013 to 16.10.2013.  The 1^st opposite party also demanded a sum of Rs.4,000/- towards booking of a double bedroom at Goverdhan Palace Hotel at Mathura as per Ex.A3.  For due confirmation, the complainant contacted Mr. R. Sridhar, Mr. B.R. Byreddy, Customer Care Assistant Manager and sent several e-mails.   But there is no proper response.  Finally about 2 days before commencing of the trip, the complainant got suspicion and called Mr. B.R. Byreddy.    But he cut off the calls and stopped talking. Ex.A7 & Ex.A8 are the emails.  The complainant visited twice in the office of the 1^st opposite party and discussed the matter more than 20 times.  At long last, the opposite parties cheated the complainant resulting total disappointment, humiliation by the opposite party’s officials caused great mental agony.    Further the contention of the complainant is that as per Ex.A8, the opposite parties assured the ticket very soon but negatived totally.  Hence, the complainant issued notice dated:03.11.2013, 27.11.2013 & 10.03.2014 as per Ex.A9 to Ex.A11 for refund of the membership fee.  The act of the opposite parties amounts to deficiency in service and unfair trade practice.  As per Ex.A1, ‘Billionaire Vacations Agreement’ clause page A & B which reads as follows:

“AND WHEREAS the second party hereby unconditionally gives his / her / their irrevocable consent to this vacation of CCIL.  The second party understands that THE VACATION CHARGES IS NON-REFUNDABLE UNDER ANY CIRCUMSTANCES and that THE VACATION FEE IS NOT A DEPOSIT”.

The complainant is claiming a sum of Rs.94,000/- paid as membership fee to the 1^st opposite party with interest at the rate of 24% p.a. and a sum Rs.1,00,000/- towards compensation for mental agony, deficiency in service, unfair trade practice with cost.

6.     The learned Counsel for the opposite parties would contend that admittedly, the complainant is a member of the opposite parties agreed the terms and conditions and signed in the agreement dated:01.08.2013 it reads as follows:

“AND WHEREAS the second party hereby unconditionally gives his / her / their irrevocable consent to this membership of CCIL.  Te Second Party understands that THE MEMBERSHIP FEES IS  NON-REFUNDABLE UNDER ANY CIRCUMSTANCES and that THE MEMBERSHIP FEE IS NOT A DEPOSIT”.

Hence for claiming refund of the membership fee is not permissible.  Further the contention of the opposite parties is that alleged offer of 4 air tickets to Madura is imaginary.   There is no Aerodrome at Madura.  But on a careful perusal of Ex.A1 it is that A & B clause it reads as follows:

“A) Billionaire vacation – A stay for a period of 6 Nights and 7 Days per year at CCIL properties within India for the next 5 years from the date of registration of this Agreement.

B) Billionaire Premium vacation – A stay for a period of 6 Nights and 7 Days per year at CCIL properties within India for the next 10 years from the date of registration of this Agreement”.

It is also seen from the Ex.A3 that the complainant has paid a sum of Rs.4,000/- towards booking of accommodation proves deficiency in service.     Considering the facts and circumstances of the case this Forum is of the considered view that the opposite party is liable to pay a sum of Rs.94,000/- being amount paid towards membership fees and Hotel booking charges along with interest at the rate of 9% from the date of filing of this complaint to till the date of this order and a compensation Rs.30,000/- with cost Rs.5,000/-.

In the result, this complaint is allowed in part.   The opposite parties 1 & 2 are jointly and severally liable to refund a sum of Rs.94,000/- (Rupees Ninety four thousand only) being the amount paid towards membership fees and Hotel booking charges along with interest at the rate of 9% p.a. from the date of complaint (i.e.) 05.09.2014 to till the date of this order (i.e.) 20.02.2019 and to pay a sum of Rs.30,000/- (Rupees Thirty thousand only) towards compensation for mental agony with cost of Rs.5,000/- (Rupees Five 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 20^th day of February 2019. 

 

MEMBER-II                                                             PRESIDENT

 

COMPLAINANT SIDE DOCUMENTS:-

Ex.A1	01.08.2013	Agreement between the complainant and the opposite party – Original
Ex.A2	02.08.2013	Copy of receipt for Rs.90,000/-
Ex.A3	27.09.2013	Copy of receipt for Rs.4,000/-
Ex.A4		Cover given by the opposite party showing the address of its Branch Office – Original
Ex.A5		Visiting card of Mr. B.R. Byreddy, Customer Care Assistant Manager of the opposite party – Original
Ex.A6		Visiting card of Mr. R. Sridhar, Taking Over Manager of the opposite party – original
Ex.A7	01.10.2013	E-mail copy of the message sent by the complainant to opposite party (Original)
Ex.A8	09.10.2013	Email from the opposite party stating that he would get the tickets for the complainant very soon (Original)
Ex.A9	03.11.2013	Complainant’s notice to the opposite party (Original)
Ex.A10	27.11.2013	Complainant’s notice to the opposite party (Original)
Ex.A11	10.03.2014	Complainant’s notice to the opposite party (Original)
Ex.A12	03.11.2013, 27.11.2013 AND 10.03.2014	Three acknowledgements showing the receipt of the 3 notices by the opposite party (Original)

 

OPPOSITE  PARTIES SIDE DOCUMENTS:-  NIL

 

 

MEMBER-II                                                             PRESIDENT