Complaint filed on: 07-01-2012
Disposed on: 19-11-2012
BEFORE THE BANGALORE IV ADDITIONAL DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM,
BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052
C.C.No.52/2012
DATED THIS THE 19th NOVEMBER 2012
PRESENT
SRI.J.N.HAVANUR, PRESIDENT
SMT.ANITA SHIVAKUMAR.K., MEMBER
Complainant: -
Uday Shankar Nejjur
S/o. late Sri.Shanmukhappa Nejjur, Advocate, age 62 years,
Residing at 1820, C-block,
Sahakaranagar, Bangalore-92
V/s
Opposite parties: -
1. Mahindra Holidays and Resorts India Ltd, Mahindra Towers, 2nd floor, 17/18, Pattullous road, Chennai-02,
Reptd by its Managing Director/ C.E.O
2. Mahindra Holidays and Resorts India Ltd, 70/3, 2nd floor, Millers Road, Adjacent to Cunningham Road, Bagnalore-52
Reptd by its Manager
ORDER
SRI.J.N.HAVANUR, PRESIDENT
This is a complaint filed by the complainant against the OPs no.1 and 2, under section 11 of the Consumer Protection Act, praying to pass an order, directing the OPs to make good Rs.1,96,000=00, to pay Rs.2,00,000=00 to the complainant towards compensation and deficiency of service, to restore the email ID and to pay Rs.10,000=00 towards cost of litigation.
2. The brief facts of the complaint can be stated as under.
The complainant is a member of Club Mahindra resorts, which is a holiday time share resort owned and managed by OP no.1 and OP no.2 is their Bangalore office. The complainant’s membership no. is 287946. The complainant became a member in March 2007 and his membership benefits started in October 2007. Initially, the membership was for white season and in September 2007 himself upgraded to the red season by making additional payment. As per the terms of membership, the complainant is entitled to a week’s free holiday every year, in the resorts maintained by the OPs. The complainant’s address, email ID and mobile number are registered with the OPs. OPs are affiliated to Resort Condominium International Inc. (RCI) who has resorts all over the world and as per the terms of membership, members of club Mahindra become members of RCI and are automatically entitled to RCI exchanges by banking their holidays with RCI as per Rule 12 of the Membership Rules and RCI terms and conditions which are an extension of the Rules. The complainant was interested in availing RCI holiday in one of the RCI Resorts outside India for the year end of 2011, so he got in touch with RCI and collected all the details in this regard. The complainant’s Annual Subscription fee (ASF) to Club Mahindra fell due and was required to be paid in October, the complainant received a routine reminder along with a Remittance slip from OP no.1 regarding payment of ASF. On 16-10-2011, the complainant sent a cheque bearing no.089911 for Rs.9,213=00 drawn on Karnataka Bank, Sahakaranagar, Bangalore towards his ASF and mailed the cheque alongwith the remittance slip on 16-10-2011 to the Chennai address of the OP no.1. The OP no.1 has received the cheque and has presented it for collection and the cheque has been debited to the account of the complainant on 26-10-2011. Though the OPs received the payment, he did not update the payment particulars of the complainant. The complainant wanted to avail RCI exchange during the last week of December 2011 for himself and his family, he wanted to deposit a week’s holiday with RCI. The complainant contacted the call centre of club Mahindra at 044-39880000 on 10-11-2011 at about 05 PM and requested the member relations executive to deposit a week’s holiday with RCI to enable him to take the RCI exchange holidays, but the members relation executive told the complainant that since he has not paid the ASF and since he is considered a defaulter he can not deposit a week’s holiday with RCI. Then the complainant explained to the members relation executive that he had sent the cheque on 16-10-2011 itself and the cheque had been debited to his account and requested her to deposit a week’s holiday with RCI, she expressed her inability to do so saying that only current and future holidays can be deposited and holidays available in a members account can not be deposited as per rules framed by company. She took the complaint given by the complainant and gave the complaint number as 003345457 and told the complainant that somebody from the company would call him within 24 hours and would confirm his payment and would also deposit a week with RCI. As no one from the OPs called the complainant and as the complainant was eager to book the RCI holidays, he once again contacted the call centre on 12-11-2011 and also contacted the third time on 14-11-2011 but he did not receive no confirmation of payment nor was his request to deposit a week with RCI allowed. After waiting for one more week, the fourth time he contacted on 21-11-2011 and enquired about his payment and he did not get any information. It was more than a month since the complainant had sent the cheque and it had been enchased and inspite of a complaint being made and inspite of repeated reminders to the call centre of the OPs, they failed to acknowledge the receipt of the money and continued to reject the request of the complainant to deposit a week with the RCI, due to the intransigent behaviour of OPs and due to their omission to take timely action on the complaint lodged by the complainant, the complainant had lost valuable time and was not left with sufficient time left to finalize his plans for an RCI holiday, book air tickets to and from the required destination etc. After the fourth and last call made by the complainant on 21-11-2011 he failed to get confirmation from the OPs and thereafter the complainant booked holidays for himself and his family to Dubai on 28-11-2011 to 3-1-2012 through Chariot World Tours incurring an expenditure of Rs.1,96,500=00. The complainant has received emails from club Mahindra on 8th, 11th, 17th and 18th Nov.2011 and they are still in the inbox of the complainant. The OPs have been deliberately telling a lie to the complainant that his email ID is not registered etc. A legal notice was issued on 22-11-2011, but the OPs did not respond to the legal notice. The omission/inaction on the part of the OPs have resulted in substantial deficiency of service on the part of complainant and resulted in an expenditure of about Rs.2,00,000=00 and have been a source of anxiety and mental tension to the complainant and his family. So the present complaint is filed.
3. After the service of notice, the OPs have appeared through their counsel and filed versions, contending interalia as under:
The OP no.1 is one of the leading and reputed leisure hospitality providers in India who offers to their member’s quality family holidays primarily through vacation ownership. OP no.2 is the branch office of OP no.1. OPs is having a customer base of over 1,33,000 long term members and operates over 36 resorts across India and abroad. The complaint of complainant is not maintainable as the complainant has suppressed the material facts and the complainant main allegation is that he could not get the holidays with RCI with whom the OP has no privity of contract. The RCI terms and conditions are an independent contract and the said terms are applicable for the complainant. The complainant has to maintain valid membership with RCI, so this complaint is to be dismissed for non joinder of necessary and proper parties. There is no cause of action for the present claim and there is no deficiency of service as alleged by the complainant. The membership entitlement is subject to terms and conditions executed between the OP and complainant. It is the branch office of OP which takes care of the cancellation, payment related issues relating to the member and it is the call centre which takes care of only reservations of the resorts relating to the members. The statement of the complainant that, the members of OP becomes the members of RCI and are automatically entitled to RCI exchanges by banking their holidays as per rule 12 of the membership rules is denied. RCI gives its membership for the first two years, thereafter to avail RCI membership the complainant has to continue the membership with RCI directly. Any issue relating to the any of the terms contained in RCI rules are to be resolved with RCI and not with the OP. The complainant has enjoyed a number of holidays at the OPs resorts on many occasions. The complainant continued to enjoy the benefits and services of OP on 14-10-2009 till 16-10-2009 and further during the period from 8-1-2011 to 15-1-2011. This very facts itself would prove that relating to the holidays of RCI the terms and conditions of RCI will be governing the complainant. So the complaint therefore has to be dismissed for want of necessary parties. The complainant had contacted the OP for availing of RCI holidays, since the cheque was sent to the Chennai corporate office of the OP the cheque was not instantly updated in the system of the OP. The OP took the all measures to register the complaint of the complainant and subsequently the OP updated their account summary. The OP had contacted the complainant and informed him about the same and the complainant had expressed his satisfaction. The OP sent a letter dated 27-12-2011 to the complainant stating that the OP has received resolved the issues amicably and the OP had updated the complainant’s statements of account and his email ID. When the complainant had agreed to resolve the issue raised amicably the OPs were surprised and taken back when they received the complaint filed by the complainant. The complainant sent the cheque for Rs.9,213=00 to the Chennai Corporate office, and the account summary of the complainant could not be updated in the system. No sooner than the OP realized the said amount, it was immediately uploaded in the system of OP and the complainant account was dully appraised of the same. The OP had taken all efforts to satisfy the complainant by contacting him several times and so there can be no allegations of deficiency of service. Any holiday outside India is done as per the RCI terms and conditions for which RCI alone will be responsible for booking the resorts abroad, so the OP cannot be held responsible for any of his liability. The statements made by the complainant that the OP has not responded to the legal notice is not true, it was complainant who had informed the OP that he was satisfied with the service on updation of his accounts and email ID and had requested the OP to issue the letter dated 27-12-2011. Since, all the issue raised by the complainant had been duly addressed by the OP, this complaint is not maintainable and there is no cause of action for the complainant. Hence, it is prayed to dismiss the complaint with exemplary cost
4. So from the averments of the complaint of the complainant and objection of the OPs, the following points arise for our consideration.
1. Whether the complainant has proved that, The OPs have resulted in substantial deficiency of service which has resulted in expenditure and has been a source of anxiety and mental tension to him and his family?
2. If point no.1 is answered in the affirmative, what relief, the complainant is entitled to?
3. What order?
5. Our findings on the above points are;
Point no.1: In the Affirmative
Point no.2: The complainant is entitled to Rs.25,000/-
towards deficiency of service and
Rs.5,000/-towards compensation and
Rs.2,000/- towards cost of litigation
Point no.3: For the following order
REASONS
6. So as to prove the case, the complainant has filed his affidavit by way of evidence, and produced four documents alongwith the complaint as annexure-1 to 4; four documents with memo dated 21-9-2012; four documents with memo dated 22-3-2012; one document with memo dated 12-4-2012; and six documents with memo dated 31-7-2012. On the other hand, one Dinesh Shetty, head legal and company secretary of OPs has filed his affidavit on behalf of the OPs and produced copies of document as annexure-A to F; and two documents with memo dated 31-7-2012; and one document with memo dated 8-10-2012. We have heard the arguments of both parties, and we have gone through the oral and documentary evidence of both parties with more ordinary care and precision.
7. One Uday Shankar Nejjur, who being the complainant has deposed his affidavit stating that, he is a member of Club Mahindra resorts, which is a holiday time share resort owned and managed by OP no.1 and OP no.2 is their branch office at Bangalore, and he became a member in March 2007 and having membership no.2879416 and his membership benefits started in October 2007, and he has enjoyed the membership benefits on a couple of occasion and initially his membership was for white season and in September 2007 he got himself upgraded to the red season by making additionally payment. As per the terms of membership every member is entitled to a week’s free holiday every year, in the resorts maintained by the OPs. The member’s address, email ID and mobile number are registered with the OPs, as required by their rules and are used as tools to identify the member when the member calls the call centre maintained by the OPs, and the OPs are affiliated to Resort Condominium International Inc. (RCI), Europe who has resorts all over the world affiliated to them and as per the terms of membership, members of club Mahindra automatically become members of RCI and are entitled to RCI exchanges by banking their holidays with RCI as per Rule 12 of the club Mahindra Membership Rules and RCI terms and conditions. He was interested in availing RCI holiday in one of the RCI Resorts outside India for the year end of 2011, so he got in touch with RCI and collected all the details in this regard, and his Annual Subscription fee (ASF) to Club Mahindra fell due and was required to be paid in October, and he has received a routine reminder along with a Remittance slip from OP no.1 regarding payment of ASF. Annual Subscription fee on 16-10-2011, he sent a cheque bearing no.089911 for Rs.9,213=00 drawn on Karnataka Bank, Sahakaranagar, Bangalore towards his ASF mailed the cheque alongwith the remittance slip on 16-10-2011 to the Chennai address of the OP no.1. The OP no.1 has received the cheque and cheque has been debited from his account on 26-10-2011. But the OP did not update his payment particulars nor did it send any ID, though the OP received the payment inspite of repeated reminders. As he wanted to avail RCI exchange during the last week of December 2011 for himself and his family, he wanted to deposit a week’s holiday with RCI, so he contacted the call centre of club Mahindra at 044-39880000 on 10-11-2011 and requested to deposit a week’s holiday with RCI to enable him to take the RCI exchange holidays, and to his utter surprise, the members relation executive told him that he had not sent the cheque on 16-10-2011 and he told the relation executive that, the cheque has been debited to his account and there is no mistake on his part and company has failed to account for the money received and requested to deposit a week’s holiday with RCI, as he had sufficient number of holidays at his credit and wanted to avail the cruise exchange programme of RCI during the last week of December and she expressed her inability to do so saying that only current and future holidays can be deposited and holidays available in a members account can not be deposited as per rules framed by company. She took the complaint given by the complainant and gave the complaint number as 003345457 and on 12-11-2011 he once again contacted the call centre and narrated the whole story and there was no relief and additional shock was awaiting when the members relations executive told him that his email ID was not registered with the OP, and he waited for a further two days, and once again he called the call centre on 14-11-2011 but received no confirmation of payment nor about deposit of a week with RCI. On 21-11-2011 he called call centre and enquired, but he did not get information about the payment. Due to the intransigent behaviour of OP and due to their omission to take timely action on the complaint, he had lost valuable time and was not left with sufficient time left to finalize his plans for an RCI holiday since he did not receive any intimation from the OPs, and he was forced to change his plans and booked holidays to Dubai from 28-12-2011 to 3-1-2012 through Chariot world tours by incurring an expenditure of Rs.1,96,500=00, and his email ID has been registered with OP in 2008 itself, but the OPs have been deliberately telling a lie to him that his email ID is not registered with them just to harass and deny his benefits which are legitimately due to him, and he issued a legal notice on 22-11-2011, and no response was given to his notice, finally on 24-11-2011 they raised a receipt and sent to him by post which reached him by November en. On 26-12-2011 they sent a letter to him stating that all the issues raised by him in the legal notice have been resolved amicably. The omission/inaction on the part of the OPs have resulted in substantial deficiency of service of the complainant and resulted in an expenditure of about Rs.2,00,000=00 and have been a source of anxiety and mental tension to him and his family. So he filed the present complaint, praying to make good of Rs.1,96,500=00, to pay Rs.2,00,000=00 towards compensation, to restore email ID, and to pay Rs.10,000=00 towards cost of litigation.
8. By a careful reading of the averments of the complaint and evidence of the complainant as mentioned above, it is explicitly clear that, the complainant has tendered his evidence in accordance with the averments of the complaint. Let us have a look at the relevant documents of the complainant so as to know whether the oral evidence of the complainant is supported by documentary evidence or not. Annexure-1 of the complainant is the copy of certificate of Membership issued by the OP, wherein it is stated that, the complainant is a member of the OP from 1-10-2007 to 30-9-2032 having membership no.287946 and in the terms and conditions, it is stated that, the certificate will be deemed to be invalid and cancelled in case of cancellation of membership on account of default in payment of any of the installments towards cost of membership and ASF. Annexure-2 is the copy membership rules of OP, wherein under clause 12.1, it is made clear that, a member is entitled to RCI exchange which is provided by RCI and MHRCL would facilitate the exchange by banking the member’s location/week as allotted with RCI. Annexure-3 of the complainant is the copy of the email letter of the OP for having upto dated email ID of the complainant. Annexure-4 is the copy of legal notice issued to the OP by the complainant dated 22-11-2011 calling upon to pay Rs.5 lakhs to him within 15 days, failing which, he will file a complaint before the consumer court. Document no.1 of the memo dated 21-2-2012 of the complainant is copy of Bank statement of account of the complainant dated 17-2-2012 issued by the Karnataka Bank Ltd wherein the amount of Rs.9,213=00 has been debited from the account of the complainant on 26-10-2011 towards Mahindra Holidays under cheque no.89911. Document no.2 of the said memo of the complainant is email letter of the OP issued to the complainant stating that email ID of the complainant has been updated. Document no.3 is copy of bills details of telephone number 23621668 from 1-11-2011 to 30-11-2011 issued by the telephone department (BSNL) and that document shows that, the complainant dialed on 12-11-2011 and 14-11-2011. Document no.4 of the complainant is copy of receipt dated 24-11-2011 issued by the Chariot World Tours limited in the name of the complainant for having received Rs.1,95,600=00 towards travels expenditure of Dubai on 28-12-2011. Document no.1 of the complainant’s memo dated 22-3-2012 is statement dated 28-2-2012 showing the balance number of holidays of the complainant’s account and as per the said statement, it is made clear that, the complainant is having 13.8 days as account balance. Document no.2 is copy of receipt dated 24-11-2011 sent by the OP in the name of the complainant for having made payment of Rs.9,213=00 as on 24-11-2011. Next document is the copy of letter given by the OP dated 26-12-2011 in the name of the complainant stating that, the issues raised by the complainant in the legal notice has been resolved amicably by their branch office, and they have taken appropriate and immediate steps from the statement of the complainant and there is no over due against the ASF payment as on 26-12-2011. Last document of the complainant is the copy of letter of RCI dated 20-5-2009 for having sent new membership card to the complainant. The complainant has produced one letter issued by the RCI dated 20-5-2009 and the said letter and last letter produced alongwith memo dated 22-3-2012 are one and the same. Document no.1 of the complainant’s memo dated 31-7-2012 consists of passport of the complainant, his wife and two sons and as per the copy of passport, it is transpired that, the complainant had travelled to Dubai from 28-12-2011 to 4-1-2012 alongwith his family. Document no.2 consists of VISA issued in the name of the complainant and his wife by UAE. Document no.3 consists of copy of to and fro Air tickets of the complainant, his wife and his two sons. Document no.4 consists of copies of boarding passes in the name of the complainant and his family members. Document no.5 consists of air tickets and document no.6 of the complainant is copy of receipt dated 24-11-2011 issued by Chariot World Tour Ltd in the name of the complainant for having received Rs.1,95,600=00 to go to Dubai on 28-11-2011.
9. On a making careful scrutiny of the oral and documentary evidence of the complainant that, it is made explicitly clear that, the complainant has become a member of the OP in the year 2007 and has paid Annual Subscription Fee to the OP before 31-10-2011 through cheque and the same was received by the Chennai office of the OP, but OPs have failed to update the annual subscription fee made by the complainant in time and on 10-11-2011 the complainant has requested OP to deposit a week’s holiday with RCI and fact of the making request of the complainant to deposit a week’s holiday with RCI is admitted by the OP in the version at para no.7, and the complainant has requested the OP to deposit week’s holiday with RCI, in view of the rule 12.1 of membership. Inspite of making request by the complainant, OPs have failed to deposit a week’s holiday with RCI. The OPs have prevented the complainant from enjoying the holiday as planned by him. Unless and until, the OP deposits weeks holiday with RCI the complainant cannot avail week’s holiday with RCI. The oral evidence of the complainant that, the OP did not depositing week’s holiday with RCI and the said act of the OP in not deposit week’s holiday with RCI has resulted in negligence or deficiency of service on the part the OPs is corroborated by membership certificate, bank statement of account and emails correspondences between the parties. At this stage, it is relevant to have look at the oral and documentary evidence of the OPs.
10. One Dinesh Shetty who being the General Power of Attorney holder of the OP has stated in his affidavit that, the membership entitlements is subject to terms and conditions executed between the OP and the complainant. The statement of the complainant that the members of OP become the members of RCI and are automatically entitled to RCI exchanges by banking their holidays as per rules 12 of the membership rules is denied. RCI terms and conditions are separate contract entered by the member with RCI and the OP does not have any privity of contract, and issues relating to the any of the terms contained in RCI rules are to be resolved with RCI and not with the OP. The complainant has enjoyed a number of holidays at the OP resorts at many occasions Coorg and Dharmashala for the period from 15-8-2008 to 17-8-2008, 13-10-2009 to 14-10-2009, 14-10-2009 till 16-10-2009 and 8-1-2011 to 15-1-2011. The complainant has stated that, he had contacted the OP for the enjoying his holidays at RCI resorts outside India, and this itself would prove that it is relating to the holidays of RCI. So terms and conditions of RCI will be governing the complainant and this complaint has to be dismissed for want of joining of proper and necessary parties. The complainant had sent a cheque towards the payment of Annual Subscription fee on 16-10-2011 to the corporate office Chennai of the OP, and in the mean time he had contacted the OP for availing of RCI holidays. The OP took all measures to register the complaint of the complainant and subsequently the OP updated their account summary. The complainant issued legal notice dated 22-11-2011 and the OP had in turn sent a letter dated 27-12-2011 stating that the OPs have resolved the issued amicably and the OP had updated the complainant’s statements of accounts and his email ID. The OPs were surprised taken back when they received the complaint filed by the complainant before the forum. The complainant is blowing hot and cold by not stating the entire set of facts before the forum, and there is no proven deficiency in service as such, so the complaint be dismissed.
11. Annexure-A of the OP is the copy power of attorney executed by the OP in the name of one Dinesh Shetty who filed affidavit in this case on behalf of the OP. Annexure-B is the copy of membership rules and as per rules 12, it is clear that, RCI and MHRIL would facilitate the exchange by banking the members weeks as allotted with RCI. Annexure-C is the copy of terms and conditions of RCI. Annexure-D is the copy of letter of the OP addressed to the complainant stating that, the legal notice of the complainant dated 22-11-2011 has been resolved amicably and they have taken steps to update the statement of accounts of the complainant. The OPs have produced the details of ASF payment made by the complainant, and the complainant has sent a cheque no.89911 dated 16-10-2011 and there has been delay in accounting since it was sent to the Chennai office. Annexure-E is the copy of member details pro-form filled up and submitted by the complainant. Annexure-F is the copy of holiday usage statement of the complainant, and that statement reveals that, the complainant has booked seven days for RCI as on 29-11-2011 and the balance holidays at credit of the complainant is 13.8 as per statement of the OP. But the said statement does not explain on which date the OP has deposited a week’s holidays with RCI. The entire holiday’s statement produced by the OP is ominous silent on this vital aspect. The copy of the receipt issued by the OP in the name of the complainant is produced for having received a sum of Rs.9,213=00 towards ASF for a period from 1-10-2011 to 29-9-2012. So taking the oral and documentary evidence of the complainant and compare the same with the material evidence of the OP onething is manifest that, the complainant who being the member of the OP has paid annual subscription fee regularly without committing any default and whatever amount of Rs.9,213=00 sent by the complainant through cheque has been received by the OP towards annual subscription fee, and taken into account of OP late, and got settled the problem of payments of annual subscription fee and issued a reply to the legal notice of the complainant by OP stating that, the allegation made in the legal notice has been resolved and they have taken steps to update the statement of accounts and informed the complainant that, there is no over due against the annual subscription fee payment as on 26-10-2011. But unfortunately, the OP did not take any steps to deposit a week’s holidays to RCI, though, the complainant requested the OP many times to deposit a week’s holidays to avail the holidays benefits out side India. Unless and until, the OP deposits a week’s holidays of the member with RCI, the member cannot avail holiday benefits out side India. The documents produced by the OP do not throw any light on the point depositing a week’s holiday of the complainant with RCI on a particular date, as per the request of complainant. So whatever the allegation made against the complainant both in the version and in the evidence of the OP in not paying the annual subscription fee timely and not sending ID proof etc. cannot be considered. So viewing the case of the complainant, on the back ground of the documents of both parties and relevant provision of rule i.e.12.1 of membership rule, we are of the considered opinion that, the complainant who knocks the doors of the forum seeking relief has established with clear and tangible documentary evidence that, the OPs are negligent in not depositing a week’s holidays with RCI, though holidays were available at credit of the complainant, and there is deficiency of service on the part of the OP, and due to this, the complainant and his family members have suffered both mentally and financially, and accordingly, we answer this point in a affirmative.
12. From the averments of the complaint of complainant, it is transpired that, the complainant has claimed a sum of Rs.1,96,000=00 being expenditure for having travelled to Dubai trip and also prayed the amount of Rs.2,00,000=00 towards compensation, and to restore the email ID and to pay cost of Rs.10,000=00. But during the course of arguments, the complainant has submitted that, the OP will look after only lodging facilities of the members and members have to meet out to and fro charges. But unfortunately, the complainant has failed to produce any convincing documentary evidence to know is to how much he spent toward air trip charges to go to Dubai and how much amount was spent towards lodging and food etc. In the absence of producing any believable documentary evidence, it is not justifiable to award the total charges incurred by the complainant and his family members to go to Dubai, compensation and cost as prayed in the complaint. However, looking to the nature of deficiency of service on the part of the OP, we feel it proper to award nominal amount of Rs.25,000=00 towards deficiency of service on the part of the OP in not depositing a week’s holiday with RCI well in time. So the OPs are directed to pay Rs.25,000=00 to the complainant towards deficiency of service, and the OPs are further directed to pay Rs.5,000=00 and Rs.2,000=00 to the complainant towards compensation and cost of litigation respectively, and accordingly, we answer this point. In the result, for the foregoing reasons, we proceed to pass the following order.
ORDER
The complaint of the complainant is partly allowed. The OPs no.1 and 2 are directed to pay a sum of Rs.25,000=00 (Rupees Twenty five thousand only) and Rs.5,000=00 (Rupees Five thousand only) to the complainant towards deficiency of service and compensation respectively, within 30 days from the date of the order, failing which, the OPs no.1 and 2 shall pay the said amount to the complainant with 9% interest per annum on the said amount from the date of the order to till the date of realization.
The OPs no.1 and 2 are further directed to pay Rs.2,000=00 (Rupees Two thousand only) to the complainant towards cost of litigation.
Supply free copy of this order to both parties.
Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open forum on this the 19th of November 2012.
MEMBER PRESIDENT
