Karnataka

Tumkur

CC/107/2019

Smt.VISHALAKSHAMMA K.N. - Complainant(s)

Versus

COUNTRY VACATIONS ,(THE COMPANY) - Opp.Party(s)

B.SOMASHEKAHRA

12 Jun 2020

ORDER

Complaint filed on: 30-04-2019

                                                      Disposed on: 12-06-2020

 

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, TUMAKURU

OLD DC OFFICE COMPOUND, TUMAKURU-572 101

 

CC.No.107/2019

 

DATED THIS THE 12^th DAY OF JUNE, 2020

 

PRESENT

 

SRI.C.V.MARGOOR, B.Com., L.L.M, PRESIDENT

SRI.KUMARA.N, B.Sc., L.L.B, MEMBER

SMT.NIVEDITA RAVISH, B.A., L.L.B.(Spl) LADY MEMBER

 

Complainant: -

Smt.Vishalakshmamma.K.N,

R/at Belaku, 1^st Main,

Girinagar, Kyathasandra,

Tumakuru, Karnataka

(By Advocate Sri.B.Somashekhara)

 

 

V/s

 

 

Opposite parties:-    

1. Country Vacations, (The Company)

Rept. by its Manager Raghavendra

Country Club Hospitality and holidays Ltd, Amrutha Castle, 05-09-2016, Saifabad, Opp. Secretariat

Hyderabad-500063, India

2. The Manager,

The Country Vacations Company,

Tumakuru Branch office,

Tumakuru -03

                                                (OP No.1 and 2– Exparte)

 

 

 

ORDER

 

SRI.C.V.MARGOOR, PRESIDENT

        This complaint has filed by the complainant Smt.Vishalakshmama.K.N. residing at Tumakuru to direct the opposite party no.1 and 2 to arrange international tour package of 6 nights and 7 days for Hong Kong and Macau with zero expenses as agreed and in default to arrange international tour package pay compensation of Rs.1,00,000=00 for illegal trade practice and misrepresentation. Further to refund of double the amount paid by the complainant to Opposite party with interest at the rate of 24% per annum till the date of realization and to pay Rs.2,00,000=00 towards mental agony and sufferings and also deficiency in service.

 

          2. Opposite party No.1 is the Country Vacations, Country Club Hospitality and Holidays Ltd, Hyderabad and Opposite party No.2 is the branch office of the opposite party No.1.   

 

3. It is the case of complainant that opposite party (herein after called as OP) have made promise of grand and luxurious vacations upon investment into their products and made the complainant lured to buy an international tour package. Then the complainant became a member of the OP club by paying membership and other payment total amount of Rs.1,79,100=00 on 21-11-2017. The OP has agreed to provide the service of international tour package for 6 nights and 7 days for Hong Kong and Macau with zero expenses from the member and spouse, 10 years all over India 6 nights and 7 days free accommodation in OP clubs, country club membership for the family of complainant and Fitness and Spa facilities in the tie up ventures and other operating clubs. After receiving the amount the OP has failed to provide any of the services as agreed inspite of complainant repeated contacts and issue of written request and legal notice dated 28-3-2018. Hence, this complaint.

    

          4. My predecessors in office have placed OP No.1 and 2 as exparte by holding that the notice is duly served on them.

 

          5. The Complainant filed her affidavit in lieu evidence and produced annexure-A1 to A3.

 

          6. We have heard the oral arguments advanced by the learned counsel for complainant in addition to written brief and the points that would arise for determination are as under:

1)      Whether the complainant proves deficiency in service by the OP?

2)      Is complainant entitled to the reliefs sought for?  

 

7. Our findings on the aforesaid points are as follows:

Point No.1: In the affirmative.

Point No.2: In the partly affirmatively as per      

final order for the below

 

REASONS

 

          8. Point No.1 and 2: The learned counsel for the complainant has vehemently argued that though the OP has promised to arrange for international tour package for Hong Kong and Macau and other services, but it has failed to provide any of the services as per the agreement. The complainant in her affidavit evidence has reiterated the averments of complaint.

 

          9. The complainant has produced sale agreement entered between her and OP on 21-11-2017 at Tumakuru. The OP has entered into an agreement for sale of membership of their company in favour of the complainant for which they have received Rs.1,79,100=00. The said agreement is signed by the complainant and OPs authorized signatory. The terms and conditions of the sale agreement are that the OP has agreed to provide package which includes club membership, fitness centers and enrolment of travel services. The complainant has made allegations against the OP that it has not provided any of the service mentioned in the agreement dated 21-11-2017. Initially the complainant has submitted a letter dated 8-3-2018 to the OP for providing international tour package of 6 nights and 7 days for Hong Kong and Macau with zero expense from her and spouse and other services otherwise by cancelling the agreement return the payment through cheque. The complainant in the said representation has alleged that she has visited the OP office more than 20 times for the issues but she did not get any proper response. Thereafter the complainant has got issued legal notice dated 28-3-2018 calling upon the OP to refund the amount with interest for deficiency in service and unfair trade practice.

 

10. The sale agreement executed by the OP proves that the complainant became a member of the OP club by paying the membership fee and other amount for providing services. Annexre-2 and 3 i.e. letter dated 8-3-2018 and legal notice dated 28-3-2018 proves that the OP has failed to provide any of the services mentioned in the agreement dated 21-11-2017 even after lapse of more than four months from the date of agreement. The documents produced by the complainant establish that the OP has committed  not only deficiency in service but also played unfair trade practice by receiving huge amount from the complainant promising that it would provide many of the services mentioned in the agreement. Therefore the OP shall liable to refund the amount collected from the complainant with interest. The complainant has asked for Rs.3,00,000=00 compensation for mental agony and suffering but the complainant has not produced any convincing material to show that she has suffered mental agony to award huge amount of compensation though the mental agony could not be assessed. The complainant is entitled to an amount of Rs.50,000=00 as compensation since the OP has failed to provide any of the services even after receipt of huge amount of Rs.1,79.100=00 from the complainant. Hence, we proceed to pass the following:

 

ORDER

 

The complaint filed by Smt.Vishalakshmamma.K.N. is partly allowed directing the Opposite party No.1 and 2 to refund Rs.1,79,100=00 to the complainant with interest at the rate of 10% per annum from 22-11-2017 till its payment.

 

          It is further ordered that the Opposite party No.1 and 2 shall pay a sum of Rs.50,000=00 as compensation along with litigation cost of Rs.10,000=00 to the complainant within 30 days from the date of this order, otherwise it carries interest at the rate of 10% per annum from the date of filing of complaint till the date of payment.

 

 

Furnish the copy of order to the complainant and opposite party at free of cost.

 

          (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this the 12^th day of June, 2020).

 

 

 

LADY MEMBER            MEMBER                       PRESIDENT