KERALA STATE CONSUMER DISPUTES REDRESSAL COMMISSION

VAZHUTHACAUD THIRUVANANTHAPURAM

APPEAL NO.724/12

JUDGMENT DATED 29.9.2012

 PRESENT

SHRI.M.K.ABDULLA SONA          -- HON.ACTING PRESIDENT

SMT.A.RADHA                                --  MEMBER

The Manager,

Country Vacations, YMCA complex,

Calicut 673 001.                              --  APPELLANT

    (By Adv.Shyampadman)

          Vs.

Hamza Abubakar Abdulla,

Priya,North Kovval,                          --  RESPONDENT

P.O.Trikampur 671 310.

JUDGMENT

SHRI.M.K.ABDULLA SONA, HON.ACTING PRESIDENT

          This appeal prefers from the order passed by the CDRF, Palakkad in CC.No.79/12 dated 22/6/12.  The appellant is the opposite party and the respondent is the complainant.  The appellant prefers this appeal from the direction of the Forum below that to refund Rs.25,000/- which collected by the opposite party with a cost of Rs.3,000/- within 30 days from the date of receipt of this order, failing which Rs.25,000/- will carry interest at the rate of 9% from the date of complaint till payment.

          2.The fact of the case is that the complainant received a  call from Country Vacations Office, Calicut that he is one of the lucky winners drawn from the recent Grand Kerala Shopping Festival Offer from Kannur.  The prize is 6 nights free stay with family in 5 star category resort located in major tourist places in India and neighboring countries also.  For collecting the gift voucher personally, opposite party told him to be present in the office, the very next day the complainant  and his family went their office on 10^th January 2012.  The staff of the opposite party described the activities of the country from with many attractive offers of selected lucky winners and 60% price reduction for club membership.  The opposite party forced the complainant to purchase one membership of 30 years for Rs.1,80,000/-.

          3. As an advance he paid Rs.25,000/- through his credit card and balance by EMI.  After reaching home when he checked the web site of the said club, found extra expenses per year to avail membership facility.  Many complaints against them were also found.  The complainants sent a registered notice to the opposite party on 11^th January to cancel his membership and to refund his advance of Rs.25,000/- but it was not complied by the opposite party, The  dealings of the Ops are totally unfair trade practice and unethical practice.  Hence the complaint.

          4. The Forum below issued notice but  after accepted the notice the  opposite party was absent.  They set ex-parte.  The complainant adduced Ext.A1 to A7 documents to support his case.  The Forum below considering this evidence and on the basis of Judgment in Bajaj Auto Ltd & Anr. Vs Pankajkumar IV (2006)CPJ 267.  On that day, the opposite party permitted unfair trade practice and they are liable to  refund the amount and costs as ordered by the forum below.

          5. On this day this appeal came before this Commission for final hearing, the counsel  for the appellant vehemently argued on the ground of the appeal memorandum that  the order passed by the forum below is quite illegal and against the provisions of the law and evidence.  It  is submitted that as per the evidence adduced by the complainant, the appellant/opposite party did not commit any negligence for deficiency in service on their part.  It also observed that  the forum below return  the order un-necessarily commence and such as against the opposite party.  The counsel for the appellant also invited our attention in a judgment passed by this Commission in Appeal No.641/01.  But this judgment is not at all applicable to the fact of this case.  It is an ex-parte order  and that earlier order is a considered order.  It is admitted as per the evidence and found  that  the appellant/opposite party collected an amount of Rs.25,000/- from the respondent/complainant.  The appellant/opposite party have no case otherwise.

          6. On  considering the evidence, fact and circumstance of this case this is nothing but an unfair trade practice committed by the opposite party under the  head of Grand Kerala Shopping Festival.  We do not know whether the Tourism Department from the Government of Kerala  is aware this type of unfair  trade practice activities were going on under their Tourism programmes.    We are not seeing any reason to interfere in the order passed by the forum below.  It is strictly accordance with the provisions of law.  But, it also the duty of each and every  citizen to safeguard themselves before taken in to confidence in  any offer made through the Internet or through the SMS.  As per Section 6 of the Consumer Protection Act, every consumer is having the right to  know any information like any whereabouts about any schemes or   programme or goods or services which offered by any person to any consumer.  There are ever so may false advertisements are coming each and every day.

 In the result  we allowed this appeal in part and set aside the cost of Rs.3000/- ordered  by the forum below.   The opposite party is directed to pay Rs.25,000/- to the complainant within 30 days from the date of receipt of copy of this judgment.  Failing which, the opposite party is also directed to pay Rs.25,000/- and cost of Rs.3,000/- along with interest at 9% from the date of the order made by them on 9.1.12.  The points of the appeal discussed and answered accordingly.  This appeal is disposed of accordingly.  No cost ordered.

                     M.K.ABDULLA SONA --  HON.ACTING PRESIDENT

 A.RADHA --  MEMBER