BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM,
ERNAKULAM.
Date of filing : 21/12/2013
Date of Order : 08/12/2014
Present :-
Shri. A. Rajesh, President.
Shri. Sheen Jose, Member.
Smt. V.K. Beena Kumari, Member.
C.C. No. 887/2013
Between
1. Dr. T. D. Beena, | :: | Complainants |
Meppillil House, S.A. Road, Vyttila. P.O., Kochi – 19. 2. M.K. Sajeevan, Meppillil House, S.A. Road, Vyttila. P.O., Kochi – 19. | | (By Adv. T.C. Krishna, 'Sreesadan', Azad Road, Kaloor, Kochi – 17.) |
And
1. Country Vacations | :: | Opposite Parties |
(A division of Country Club Ltd.), MKV Building, Shenoy's Junction, M.G. Road, Kochi – 682 035, Rep. by its Manager. 2. Country Vacations (A division of Country Club Ltd.), 6-3-1219, Begumpet, Hyderabad – 500 016. | | (Op.pts. absent) |
O R D E R
V.K. Beena Kumari, Member.
1. This complaint has been preferred by the complainants alleging deficiency in service on the part of the opposite party in providing facilities as per the purported agreement entered into between the complainant and the opposite parties. The complainant is seeking direction against the opposite parties to refund the club membership fee for compensation of Rs. 10,000/- and Rs. 15,000/- towards costs of the proceedings.
2. In spite of service of notice to the 2nd opposite party did not respond to the same for reasons of their own. Notice of the 1st opposite party has not been completed. Proof affidavit has been filed by the 2nd complainant. Exts. A1 to A7 were marked on the side of the complainants. Heard the learned counsel for the complainants.
3. Exts. A2 to A4 go to show that the complainants paid a total sum of Rs. 35,000/- by 3 instalments to the opposite parties for availing the benefits envisaged in Ext. A1. Holiday Gift voucher issued by the 1st opposite party. According to the learned counsel for the complainants, the opposite parties failed to render the service offered as per Ext. A1 in spite of repeated oral requests as well as in view of service of Ext. A5 lawyer notice issued to the opposite parties.
4. It appears that the 2nd opposite party failed to render the service offered as per Ext. A1 and the promises made to the complainants despite service of Ext. A5 lawyer notice, which amounts to deficiency in service on their part. It is to be noted that no explanation is forthcoming from the part of the 2nd opposite party as to the non-compliance of the offer made by the 2nd opposite party. It is worthwhile to note that the 2nd opposite party failed in responding to Ext. A5 lawyer notice and to the notice issued from this Forum, which speaks volumes. The complainants legally entitled to get refund of the amounts as per Exts. A2 to A4 with interest @ 12% p.a. till realisation.
5. Due to the non-performance of Ext. A1, the complainants had to suffer lot of inconveniences and mental agony. Finally, he had to approach this Forum to get his grievances ventilated. Compensation and costs of the proceedings also called for. We award Rs. 10,000/- towards the same.
6. In the result, we partly allow the complaint and direct as follows :-
The 2nd opposite party shall refund the amount as per Ext. A2 to A4 (Rs. 35,000/-) to the complainants with interest @ 12% p.a. from the date of receipt till realisation.
The 2nd opposite party shall also pay Rs. 10,000/- (Rupees Ten thousand only) to the complainants towards compensation and costs of the proceedings.
The order shall be complied with, within a period of thirty days from the date of receipt of a copy of this order, failing which the amounts would carry interest @ 12% p.a. till realisation.
Pronounced in the open Forum on this the 8th day of December 2014.
Sd/- V.K. Beena Kumari, Member.
Sd/- A. Rajesh, President.
Sd/- Sheen Jose, Member.
Forwarded/By Order,
Senior Superintendent.
A P P E N D I X
Complainant's Exhibits :-
Exhibit A1 | :: | Copy of the holiday gift voucher |
“ A2 | :: | Copy of the receipt dt. 31-05-2012 |
“ A3 | :: | Copy of the receipt dt. 02-04-2012 |
“ A4 | :: | Copy of the temporary receipt dt. 31-05-2012 |
“ A5 | :: | Copy of the lawyer notice dt. 31-10-2012 |
“ A6 | :: | Copy of the acknowledgment card |
“ A7 | :: | Copy of the postal receipt. |
Opposite party's Exhibits :: Nil
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