ALI BARAMY Vs. COUNTRY VACATIONS INTERNATIONAL HOLIDAY CLUB

JUDGEMENT

(1.) THE present revision petition has been filed against the impugned judgment and order dated 22.02.2012 passed by the Kerala State Consumer Disputes Redressal Commission (Thiruvananthapuram) ( 'the State Commission ') in appeal no. 641 of 2011. The petitioner has averred in his complaint that the executives of the respondents Company approached him and "induced him " by saying that there are various schemes offered by the Club. The petitioner being a heavy traveller purchased a Life Membership of Holiday Club with Country Vacation International Holiday Club on 15.11.2008 by paying Rs.75,000/ -. The respondent had promised that they would issue Membership Card within 30 days. The petitioner waited for the card till 30th December 2008 and when he did not receive the same he made many attempts to contact for the same with the executives of the Club and the Customer Care Centre. However, he still did not receive the card. The above acts of the respondents amount to defective service, unfair trade practice and cheating causing him financial loss, mental agony and loss of reputation. The petitioner had purchased the membership in view of the forthcoming school vacations in April 2008 and was planning a trip to Mumbai during the vacation. Due to non -receipt of the card the petitioner had to pay the cost of the guest house and cause huge monetary loss. He had to pay the room rent of Rs.20,000/ -.

(2.) THE respondent admitted that he joined the Club membership of the respondent by paying an amount of Rs.75,000/ - on 15.11.2008 for a period of five years. It is stated by the respondent that nowhere was it mentioned that issuance of the membership card is subjected to a time frame of 30 days "as the time is not the essence ". The processing of point certificate takes more time and hence, it was not made a criteria for the members enjoying the facilities provided by the members on enrolling them in the membership with the respondent Club. It was specifically provided in clause 4 of the agreement that provisions of the agreement shall remain in full force and effect even pending issue of point certificates (membership certificate). They further denied that he was put to any loss because he could not make use of the facility when he travelled to Mumbai. The respondent has held that facilities were never included in Mumbai. The petitioner filed a consumer complaint no. 146 of 2010 before the District Consumer Disputes Redressal Forum, Kozhikode (in short, 'the District Forum ') with the prayer that the respondents should be asked to return Rs.75,000/ - paid for the membership with 10% interest, pay Rs.25,000/ - as compensation and Rs.20,000/ - spent by the complainant for his stay at Mumbai.

(3.) THE State Commission allowed the appeal and set aside the order of the District Forum. Hence, this present revision petition.