BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION: AT HYDERABAD
F.A.No. 262 OF 2016 AGAINST C.C.NO.419 OF 2015 DISTRICT CONSUMER FORUM-III HYDERABAD
Between
M.Srinivas S/o M.Mulaswamy Naidu
Aged 48 years, Occ: Employee
R/o H.No.33, Flat No.202,
Jaibharathnagar, Nizampet X Roads
Hyderabad
Appellant/complainant
AND
- Country Vacations
Division of Country Club (India) Ltd.,
Rep. by its Manager
Regd. Off: at Amrutha Castle
5-9-16, Saifabad, Opp: Secretariat
-
- Country Club India Ltd.,
Rep. by tis Manager K.Siva Kumar
Regd. Off: at Amrutha Castle
5-9-16, Saifabad, Opp: Secretariat
-
- Country Condo’s Ltd.,
Rep. by its Authorized Signatory
7-1-19/3, II Floor, ISR Complex
Above Sovereign Industries Ltd.,
Kundanbagh, Begumpet,
-
Respondents/opposite parties
Counsel for the Appellant M/s M.V.Venu
Counsel for the Respondents M/s Rajesh Jaishwal
QUORUM :
HON’BLE SRI JUSTICE B.N.RAO NALLA, PRESIDENT
&
SRI PATIL VITHAL RAO, MEMBER
TUESDAY THE FIFTH DAY OF JUNE
TWO THOUSAND EIGHTEEN
Oral Order : (per Hon’ble Sri Justice B.N.Rao Nalla, Hon’ble President)
***
This is an appeal filed by the complainant aggrieved by the orders of District Consumer Forum III, Hyderabad dated 13.10.2016 made in CC No.419 of 2015 wherein it dismissed the complaint.
2. For the sake of convenience, the parties are referred to as arrayed in the complaint.
3. The case of the complainant, in brief, is that complainant attracted by the offer of opposite parties he joined as a member in the opposite parties club. The opposite parties had offered a complementary plot to the members and an agreement was entered into vide Membership Number CVHYD 6CLUB 30LB 179348 allotted to him on 11.07.2014 upon payment of Rs.2,75,000/- through his Credit Card. He also paid a sum of Rs.50,000/- towards registration charges of the plot in the venture titled as “Fairway”, situated at Wanaparthy. The opposite parties were required to register the plot to the complainant within 6 months from the date of payment but they have failed to register the plot despite several representations by the Complainant. They allotted plot No.1217 but failed to register the same. Hence, the complaint praying to direct the opposite parties to register the plot No.1217, in phase fairway, at Wanaparthy, in favour of the Complainant; to direct the opposite parties to pay Rs.5.00 lakh towards compensation; to pay Rs.50,000/- for causing hardship, mental agony etc against the opposite parties; alternatively any other plot in any near venture may be registered for the same extent, value in favour of the Complainant or refund the amounts with interest @ 24% per annum till realizations and to award the costs of the complaint.
4. The opposite parties resisted the case contending that the Complainant became a member of the Country Vacations International Holiday Club Membership on 27-09-2007 by entering into a purchase agreement with the opposite parties for time share for a period of 30 years in respect of Studio Apartment and for Blue Season among the properties of the opposite parties. The Complainant is entitled to request for accommodation annually for a period of one week for 30 consecutive years, at any of the resorts that are owned by them. The Opposite Party allotted a complimentary plot admeasuring 150 sq. yards., at their venture titled as “Fairway” without any sale consideration. However the member was asked to pay development and registration charges of Rs.50,000/-. The Complainant was originally asked to give necessary details and documents for registration of the plot such as ID proof, PAN card, photographs etc. but the Complainant failed to furnish any such details until date. The opposite parties are ready and willing to register the plot in the said venture if the Complainant submits the necessary documents. The Complainant entered into a membership on his own will and volition after satisfying himself and therefore, he cannot request for the refund of the amount paid by him. There has been no deficiency of service by these opposite parties and hence the opposite parties prayed for dismissal of the case.
5. In proof of the complainant’s case, he filed his evidence affidavit and got marked Ex.A1 to A4. On behalf of the opposite party parties, the Manager of opposite party no.1 filed his evidence affidavit and got marked Exs.B1 to B9.
6. The District Forum after considering the material available on record, dismissed the complaint bearing CC No.419 of 2015 by orders dated 13.10.2016 as stated in paragraph No.1, supra.
7. Aggrieved by the said decision, the complainant preferred the appeal contending that the Dist. Forum did not appreciate the facts in correct perspective. The District Forum failed to see that the opposite parties though admitted that they allotted the plot to the complainant but failed to register the plot in his name even after 9 years. There is no evidence furnished by the opposite parties that they informed about the furnishing of the details by the complainant. Hence, the complainant prayed to allow the appeal by setting aside the order of the District Forum and allow the complaint as prayed for.
8. None appears. Written arguments of the appellant filed.
9. The point that arises for consideration is whether the impugned orders as passed by the District Forum suffer from any error or irregularity or whether they are liable to be set aside, modified or interfered with, in any manner? To what relief?
10. It is not in dispute that the complainants joined as members in the opposite party club and it is also not in dispute that the opposite party executed Purchase agreement dated 07.07.2014. It is also not disputed that the opposite parties allotted plot No.1217 at Fairway at Wanaparthi. The main allegation of the complainant is that despite receipt of payment of Rs.50,000/- towards registration charges for the plot no.1217 the opposite parties failed to register the same in his favour. On the other hand the opposite parties alleged that the complainant was asked to furnish the necessary identification and address proof details along with photographs for the registration of the plot in the said venture but he has not submitted the same. The opposite parties also submitted that they are ready and willing to register the plot provided the complainant submits the required documents for registration of the plot. Except stating that the complainant did not furnish the required documents, the opposite parties did not file any correspondence that in fact they have informed the complainant for furnishing of such documents but the complainant not submitted the same to the opposite parties.
11. The complainant had paid the entire membership fee, the obligations rests on the opposite party club to inform them the stage of development of project and changes made if any, either in layout plan or in the policy of government regarding land acquisition etc. The opposite parties cannot say that the complainant has not furnished the required documents to enable them to register the plot in favour of the complainant. May be, for the reason that the opposite parties are allotting the complimentary sites, the complainant was lured to become as member.
12. The complainant prayed in his complaint that to direct the opposite partis for registration of plot No.1217 in phase fairway at Wanaparthy or in the alternative refund of the amount with compensation and costs. Therefore, we are of the opinion that when the opposite parties themselves are ready and willing to register the plot in favour of the complainant, it is proper to direct the opposite parties to register the said plot in favour of the complainant with the registration expenses of the opposite parties on his furnishing the required documents which were necessary for registration of the plot by the complainant. In the circumstances discussed supra, the point framed for consideration in paragraph No.9, supra is answered accordingly.
In the result the appeal is allowed by setting aside the order of the District Forum and consequently the complaint is allowed directing the opposite parties to register the subject plot in favour of the complainant with the registration expenses of the opposite parties, on furnishing the required documents for registration by the complainant and also direct the opposite parties to pay costs of Rs.5,000/- to the complainant. Time for compliance four weeks.
PRESIDENT MEMBER
05.06.2018
