Tamil Nadu

South Chennai

CC/245/2019

Mr. Muniasamy - Complainant(s)

Versus

Holiday Resorts Private Limited. - Opp.Party(s)

R. Nisha

06 Mar 2023

ORDER

                                               Date of Complaint Filed : 21.08.2019

                                               Date of Reservation      : 20.02.2023

                                               Date of Order               : 06.03.2023

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,

CHENNAI (SOUTH), CHENNAI-3.

 

PRESENT:    TMT. B. JIJAA, M.L.,                                                 : PRESIDENT

                       THIRU. T.R. SIVAKUMHAR, B.A., B.L.,                 :  MEMBER  I 

                       THIRU. S. NANDAGOPALAN., B.Sc., MBA.,          : MEMBER II

 

CONSUMER COMPLAINT No.245 /2019

MONDAY, THE 6^th  DAY OF MARCH 2023

Mr.Muniasamy,

No.7, DivyaSree Point,

Laxmi Nagar Extension,

Sholinganallur,

Chennai,

Tamil Nadu 600119.                                                                                                                           ... Complainant                

..Vs..

1.T&N Holiday Resorts Private Limited,

   No-22/C7, T.R.B. Complex, 3^rd Floor,

   Ashok Nagar, Landmark Opp: Ashok Pillar,

   Chennai-600 083.

 

2.Mr. Jenith Kumar ,

   Represented by its

   Managing Partners,

  T&N Holiday Resorts Private Limited,

 

3.Mr. Daniel Dhayalan,

  Represented by its Managing Partners,

  T&N Holiday Resorts Private Limited

 

Both reside at No. 13/8. First Floor,

Dr. Ambedkar Salai, Valasaravakkam,

Alwarthirunagar,

Landmark Opp. P.M.S. Rice Store,

Chennai - 600 087.                                                                                                                      ...  Opposite Parties

 

******

Counsel for the Complainant          : M/s. R.Nisha

Counsel for the Opposite Parties     : Exparte

On perusal of records and upon treating the written arguments as oral arguments of Complainant on endorsement made by the Complainant, we delivered the following:

ORDER

Pronounced by the President Tmt. B. Jijaa, M.L.,

1.      The Complainant has filed this complaint as against the Opposite Parties under section 12 of the Consumer Protection Act, 1986 and prays to direct the Opposite Parties to refund the membership amount of Rs.19,845/- with interest @12% p.a from 05.07.2018 till the date of payment and to pay a sum of Rs.50,000/- for the deficiency in service committed by the Opposite Parties.

2.     The averments of Complaint in brief are as follows:-

        The 1^st Opposite Party company is a private company managed by 2^nd  & 3^rd  Opposite Party offered the Complainant to take platinum membership worth of  Rs.63,000/- benefits worth of 15 days of free stay in hotels all over India, Monthly movie voucher, yearly mega program tickets for Rs.19,845/-. The 2^nd and 3^rd Opposite Parties assured that to get benefits by signing membership with them. Based on the assurance the Complainant agreed to avail their services and paid membership fee. The Opposite Parties had shown a list of 15 companies tie-up with them offering unlimited benefits  for the consumers. That 1^st Opposite Party booked Nirvana Boutique Hotel in Mahabalipuram for the Complainant on 19-11-2018 from the 1^st Opposite Party official email address, as that hotel was one of the tie-up hotels of the 1^st Opposite Party that supposed to provide discount to the Complainant because of membership card. The Complainant had sent an email reply to the 1^st Opposite Party official email address and sought clarification in reference to rate difference and failure to provide discount yet holding valid membership card provided by the 1^st Opposite Party. He send an another email to the official email address of the 1^st Opposite Party sought response from the 1^st Opposite Party concerned about no service offered despite valid membership for the booking and stay at hotel on 30.06.2019. He received legal notice from the tie-up company stated that no direct tie-up or agreement with 1^st  Opposite Party to provide any benefit / discount and confirmed for removal of tie-up with the 1^st Opposite Party by Email dated 05.07.2019. He issued a legal notice to all the tie-up companies to confirm if the 1^st Opposite Party continue to offer benefits/ discount to the consumer in connection with the membership and a Legal Notice to the 1^st Opposite Party on 09.07.2019 seeking for refund and compensation for deficiency of services committed. Hence the complaint.

3. The Complainant submitted his Proof Affidavit and Written Arguments. On the side of the Complainant, documents were marked as  Ex.A-1 to Ex.A-13. The Opposite Parties did not appear before this Commission even after sufficient notice was served on them. The 1^st Opposite Party was called  absent and set exparte on 21.10.2022. The 2^nd Opposite Party was called  absent and set exparte on 29.06.2022 and the 3^rd Opposite Party was called  absent and set exparte on 13.07.2022.

4.     Points for Consideration

1. Whether there is deficiency in service on the part of the Opposite Parties?

2. Whether the Complainant is entitled for reliefs claimed?

3. To what other reliefs the Complainant is entitled to?

5.   Point No.1:

The Complainant had availed Platinum Membership from the Opposite Party as seen from Ex.A-1, the Invoice dated 05.07.2018 issued by the Opposite Party on payment of Rs.19,845/-. As per Ex.A-2, the brochure issued by the Opposite Party, the benefits  for Platinum Membership  includes Yearly 15 days free stay all over India, Monthly Movie or Program tickets complementary and Yearly once mega program tickets. The brochure also indicated tie ups with 15 companies as listed therein. The Opposite Party had booked one room for the Complainant for his stay in Nirvana Boutique Hotel, Mahabalipuram on 24.11.2018 at 2.00 pm  to 25.11.2018 12 pm as per Ex.A-3. Inspite of having valid membership the Complainant was not given any discount which prompted the Complainant to issue an email dated 30.06.2019, Ex.A-5 for clarification regarding the list of tie up hotels with the Opposite Party and about the other benefits as promised by the Opposite Party.

6.    From Ex.A-6, which is the letter issued on behalf of ixigo.com, dated 05.07.2019, stating that they have no direct tie up or agreement with the Opposite Party and that they had issued a notice to the Opposite Party to remove any reference of tie up with them in their Brochure. As the rightful benefits were denied by the Opposite Party the Complainant had sent legal notice dated 11.07.2019 to the Opposite Party seeking refund of the invoice value of the membership amount along with interest with no response.

7.     On perusal of records and upon careful consideration of the facts and circumstances of the case, this Commission is of the considered view that the Opposite Parties having promised for certain benefits in their Brochure for Platinum Membership Card holders had failed to fulfil their promise when sought for by the Complainant being the Platinum Membership Card holder and by their misleading advertisement that they are having tie up with list of hotels, however one of the tie ups ixigo.com had denied such tie up company with the Opposite Party by their letter dated 05.07.2019, which is actually unfair trade practice on the part of the Opposite Parties. The Opposite Parties having failed to act as per the agreed terms and conditions by providing necessary benefits / services as promised to the Complainant, the Platinum Membership Card holder, had committed deficiency in service. Accordingly Point No.1 is answered in favour of the Complainant.

 

 

Point No.2 and 3:

8.      As discussed and decided Point No.1 that the Opposite Parties 1 to 3  had committed deficiency in service they are liable to refund the Membership amount of Rs.19,845/- and to pay a sum of Rs.10,000/- towards deficiency in service along with a sum of Rs.5,000/- towards cost of the litigation to the Complainant

In the result, the complaint is allowed in part. The Opposite Parties 1 to 3 are jointly and severally  directed to refund the Membership amount of Rs.19,845/- (Rupees Nineteen Thousand Eight Hundred and Forty Five Only) and to pay a sum of Rs.10,000/- (Rupees Ten Thousand Only) towards deficiency in service along with a sum of Rs.5,000/- (Rupees Five Thousand Only) towards cost of the litigation to the Complainant, within 8 weeks  from the date of receipt of the order, failing which the above said amount of Rs.19,845/- shall carry interest @6% p.a from the date of the  order till the date of realization.                                                                                                                                                                                                                                                                                                                                                                                                                 

          In the result this complaint is allowed.          

Dictated to Steno-Typist, transcribed and typed by her, corrected and pronounced by us in the Open Commission, on 6^th March 2023.

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                 B.JIJAA

         MEMBER II                       MEMBER I                        PRESIDENT

 

List of documents filed on the side of the Complainant:-

 

Ex.A1	05-07-18	Invoice paid for Membership card
Ex.A2	July 2018	Terms and conditions cum catalogue of membership card
Ex.A3	19-11-18	email communication rooms booking between Complainant to the 1st Opposite Party
Ex.A4	19.12.2018	email communication rate dispute between Complainant and 1st Opposite Party
Ex.A5	30.06.2019	email regarding Platinum Membership Contract issue to the 1st Opposite Party
Ex.A6	05.07.2019	Email confirmation from the company IXIGO.com to remove for tie up advertisement
Ex.A7	05.07.2019	Legal notice to tie up company for confirmation false advertisement
Ex.A8	09.07.2019	Legal notice to the 1st Opposite Party along with the acknowledgement
Ex.A9	09.07.2019	Legal notice to the 2nd and 3rd Opposite Parties
Ex.A10	11.07.2019	Legal notice returned from the 1st Oppsoite Party with the acknowledgement
Ex.A11	11.07.2019	Legal notice by email to the 2nd and 3rd Opposite Parties
Ex.A12	11.07.2019	Legal notice refused to accept by the 2nd and 3rd Opposite Parties
Ex.A13	28.07.2019	1st Opposite Party website and membership fee detail as on July 2019

 

List of documents filed on the side of the Opposite Parties:-

NIL

 

 

S. NANDAGOPALAN               T.R. SIVAKUMHAR                    B.JIJAA

         MEMBER II                       MEMBER I                         PRESIDENT