BEFORE THE III ADDITIONAL BANGALORE URBAN
DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
BENGALURU – 560 027.
DATED THIS THE 13th DAY OF DECEMBER, 2022
CONSUMER COMPLAINT NO.1095/2019
PRESENT:
SRI. RAJU K.S:MEMBER
SMT.REKHA SAYANNAVAR,:MEMBER
Mr.Muniraju C.N
S/o.Nagaraja V,
Aged 33 Years,
R/at No.108, 4th Cross,
R K Layout, Padmanabhanagar,
Bengaluru-560070. …… COMPLAINANT
(Complainant Represented by Sri. Sunil .S Choudhari, Adv)
V/s
The Manager Country Vacations
A Division of CCHHL No.683/A,
1st Floor, Above Talwarkar Fitness,
Near Delmia Circle,
J. P Nagar, 2nd Phase,
Bengaluru-560078. ……OPPOSITE PARTY-1
Ex-parte
Country Club India
Country Club Kool
No.6-3-1219/A-2nd Floor,
Begumpet, Hyderabad-500016.
Andhra Pradesh.
Rep by its the Managing Director
Mr.Y Rajeev Reddy.. ……OPPOSITE PARTY-2
Ex-parte
*****
//JUDGEMENT//
BY SMT. REKHA SAYANNAVAR, MEMBER
The present complaint is filed by the complainant U/s 12 of consumer protection act 1986, for a direction to the opposite parties to refund the total amount of Rs.1,11,600/- to the complainant along with future interest at the rate of 12% p.a. from the date of this complaint till its realization, for the deficiency of service. Further to direct the opposite parties to pay a sum of Rs.100,000/- as compensation/damages for causing harassment, financial hardship and mental agony to the complainant due to the negligent and deficient service rendered by the opposite parties and any other order or direction as this commission deems fit in the facts and circumstances of the case, in the interest of justice and equity.
- The brief facts of the complaint is as under;
The complainant has purchased the membership from opposite parties club by paying the fee of Rs.1,41,000/-by using his two credit cards. Out of which he made a payment of Rs.51,000 from HDFC credit card and Rs.90,000/- from SBI credit card and signed three agreements with opposite parties on 03.07.2017 to avail the benefits of membership of the club of the opposite parties.
3. Further the opposite parties had promised many benefits to the complainant while taking the membership. Further the complainant has not received any further emails with respect to benefits promised and even not received the membership card also. The complainant made several efforts to communicate to the opposite parties regarding the lapse of the services as offered by the opposite parties but of no use.
4. Further the complainant immediately called the customer care number of the opposite parties and requested for cancellation of the membership and to refund of the amount. He also made a request to both the banks SBI and HDFC to stop the payment of his credit card to opposite parties. The HDFC bank on the request of the complainant made a shadow credit of Rs.51,000/ but the SBI bank asked the complainant to get refund note from the merchant. The complainant made several reminders, constant follow-ups and there were no updates on the refund from the opposite parties. He also made a consumer complaint on PG portal. He received a mail from the said PG portal that it has sent two reminders to the opposite company to which they have not responded on the complainant's complaint. As there is no reply from the opposite parties company it asked the complainant to approach the concerned district consumer commission.
5. Further the complainant issued a legal notice on 08/06/2018. The notice was duly served upon the opposite parties but there was no response to the said legal notice. Further the counsel for complainant submits that he left with no other alternatives, approached this commission for the redressal of his grievances for the deficiency of services and the unfair trade practices of opposite parties under the CP Act-1986. Hence, this complaint.
6. The notice of this complaint was duly served upon opposite party No.1 and 2. They remained absent. Hence placed ex-parte.
7. The counsel for the complainant had filed affidavit in the form of his evidence in chief. EX.P1 to P7 are marked.
8. The counsel for the complainant filed the detailed written arguments.
9. Heard the arguments.
- The points that would arise for consideration are as under:
i) Whether the complainant has proved the deficiency in service of the opposite parties?
ii) If so, to what relief the complainant is entitled for?
iii) What order?
11. Our findings on the aforesaid points are as follows:
Point No.1 : In affirmative
Point No.2 : Partly in affirmative
Point No.3 : As per the final order for the following;
REASONS
12. POINT NO.1 & 2 :- To avoid the repetition of the facts I have discussed both point No.1 and 2 together. PW1 had reiterated the facts stated in the pleadings in the affidavit filed in the form of his evidence in chief. It is observed by the commission that the complainant has not produced the payment receipt and his credit card statement but on perusal of the email dated 03.07.2017 it is evident that the complainant had purchased the opposite party club membership for Rs.1,41,000/-and his membership No.CVBG2SCCLUB5LB239034 was also generated after signing the three agreements on 03/03/2017.
13. Further in the email dated 18.08.2017 sent by the complainant to the opposite parties he has clearly mentioned that he has not received membership card even after the lapse of 45 days from the date of his membership, which ought to have been issued within 15 days and requested for cancellation of membership and refund of the amount paid by the complainant.
14. It is pertinent to note here that though it is mentioned that the membership amount is non-refundable under any circumstances in the signed agreement, the opposite parties had also never fulfilled any of its promised offers, benefits, even terms and conditions as agreed under the said agreements. Thus the said agreement falls under the definition of unfair contract defined under section 2(46)(vi) of consumer protection act 2019, which reads “a contract between a manufacturer or trader or service provider on one hand, and a consumer on the other, having such agreement is unlawful and void contract, cannot be enforced” including the following namely ‘imposing on the consumer any unreasonable charge, obligation or condition which puts such consumer to disadvantage’
15. Further the opposite parties have not issued Membership Card to the complainant and neither cancelled the membership nor refunded the amount paid and even do not participated in the present proceedings of the commission. All this act of the opposite parties shows the mal intentions to have unlawful gains. It attracts unfair trade practices as defined U/sec. 2(47) of CP Act-2019. “Therefore this commission hold that the opposite parties are liable for deficiency of service U/sec. 2(11) and for the acts of practices of unfair trade U/sec. 2(47) the consumer protection Act-2019”. Hence, the complainant is entitled for refund of Rs.90,000/- with interest at the rate of 9% from the date of 03.07.2017 from the opposite parties. In addition to the complainant is entitled for the compensation of Rs.20,000/- for mental agony and financial hardship and Rs.10,000 as cost of the litigation from the opposite parties.
16. POINT NO.3:- In the result, for the foregoing reasons, I proceed to pass the following;
ORDER
The complaint is allowed in part.
Opposite parties are directed to refund the amount of Rs.90,000/- with interest at the rate of 9% from 03.07.2017 till realization to the complainant.
Further the opposite parties are directed to pay the compensation of Rs.20,000/- towards mental agony and financial hardship and Rs.10,000/- towards cost of the litigation to the complainant.
If the opposite parties fail to comply the order within 30 days, the above said amount of Rs.30,000/- carries interest at the rate of 9% p.a. from the date of order till realisation.
Supply free copy of this order to both the parties and return extra copies of the pleading and evidence to the parties.
Applications pending, if any, stand disposed of in terms of the aforesaid judgement.
(Dictated to the Stenographer, typed by her, the transcript corrected, revised and then pronounced in the open Commission on 13th day of DECEMBER, 2022)
- REKHA SAYANNAVAR) (RAJU K.S) (SHIVARAMA, K)
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//ANNEXURE//
Witness examined for the complainants side:
Sri. Muniraju .C.N, who being the complainant has filed his affidavit.
Documents marked for the complainant side:
1. Copy of membership purchase agreement dated 03.07.2017.
2. Copy of club membership sale agreement and vacation agreement dated 03.07.2017.
3. Copy of the vacation agreement dated 03.07.2017.
4. Copy of the welcome email from opposite party to complainant dt.03.07.2017.
5. Copies of email communication between complainant and opposite parties regarding deficiency of service from 04.07.2017 to 11.02.2019.
6. Copy of the legal notice dt.08.06.2018 sent to opposite party.
7. Copy of the two postal acknowledgements.
8. Copy of the status report of complaint to National consumer Helpline.
9. Certificate U/sec. 65(B) of Indian Evidence Act.
Witness examined for the opposite party side:
Documents marked for the Opposite Parties side:
- REKHA SAYANNAVAR) (RAJU K.S) (SHIVARAMA, K)
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