Complaint filed on: 20-03-2012
Disposed on: 17-01-2013
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.618/2012
DATED THIS THE 17th JANUARY 2013
PRESENT
SRI.J.N.HAVANUR, PRESIDENT
SMT.NIVEDITHA.J, MEMBER
Complainant: -
Mr. Nestor Rodriguse,
No.22, R/at C.K.Garden
ST.Thomas Town,
Bangalore
V/s
Opposite parties: -
1. M/S. Country Club (India) Limited,
No.847/1, 100ft Road,
Next to Indiranagar post office,
Indiranagar,
Bangalore-560 038
Represented by its
Authorized Representative
2. M/S. Country Club (India) Limited,
Amrutha Castle, 5-9-16,
Saifabad, Secretariat,
Hyderabad, Andhra Pradesh,
Represented by its
Authorized Signatory
ORDER
SMT.NIVEDITHA.J, MEMBER
This is a complaint filed by the complainant against the OPs, under section 12 of the Consumer Protection Act’1986, praying to pass an order, directing the OPs to pay Rs.2,21,225=00 along with interest @18%/- and such other relief as the forum deemed fit in the interest of justice and equity.
2. The brief facts of the complaint can be stated as under.
The representatives of 1st OP has visited complainant’s work place and offered the various benefits and privileges available to the members of the Club to complainant. The opposite parties also offered a Super Cool Privilege Card Membership. The complainant has paid the initial installment of Rs.20,000=00 towards the membership fees in the month of December 2005 and the op No.1 has issued the receipt dated 31/12/2005 along with letter dated 19-01-2006, and in that letter the OP No.1 has offered the complainant the Super Cool Privilege Card Membership along with representations and promises with regard to membership vacations and also the allotment of a plot at Coconut Grove at Bangalore. In the said letter, the 1st OP has also given information that the membership fees for Super Cool was Rs.1,99,000=00. The complainant has paid Rs,2,00,000=00 towards membership fee on various dates:
Sl.No. Receipt date Receipt No. Amount
1 31-12-2005 79301 Rs.20,000/-
2 08-03-2006 83074 Rs.60,000/-
3 21-08-2006 17147 Rs.65,000/-
4 21-08-2006 17148 Rs.55,000/-
The OP no.1 has given COOLS278 to the complainant as his membership number. The OP has also collected the Administration charges from complainant till December 2009. The details are as follows:
Sl.No. Receipt date Receipt No. Amount
1 17-02-2006 20060146470 Rs.3,606/-
2 30-11-2006 31635 Rs.3,606/-
3 05-07-2007 28507 Rs.3,000/-
4 19-03-2008 20080257433 Rs.3,671/-
5 13-02-2009 87172 Rs.21,225/-
Thereafter, the complainant has repeatedly requested the opposite parties to allot the site. On believing the representation of OP, the complainant paid the above said amount and was waiting for the positive reply from OP, when OP failed to keep up its promise, the complainant requested to refund the amount paid by him. On 05-11-2011, the complaint has issued a legal notice to the OPs calling upon to pay compensation of Rs.7,33,229/-. On 23-11-2011, the OP has replied to the said notice making baseless allegation and bald assertions. Hence, the present complaint is filed.
3. After service of notice, the OPs no.1 and 2 have appeared through their counsel, and filed objection contending interalia as under.
OPs in their version have contended that, the complaint is not maintainable and denied deficiency in their service. The OP has admitted that the complainant has become a member of that Club called Mr. Cool S278 scheme by paying membership fee of Rs.1,99,000/- and Rs.20,000/- for registration charges. The OP also submitted that the complainant has become a member only to enjoy the club facilities provided by the OP, and the OP as a goodwill offered complimentary site to the complainant. Therefore, the complaint is not maintainable and prays to dismiss the said complaint.
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 deficiency in service on the part of the OPs?
2. Whether the complainant is entitled to relief
as prayed in the complaint?
5. Our findings on the above points are:-
Point no.1: In the affirmative
Point no.2: For the following order
REASONS
6. In the course of enquiry in the complaint the complainant and one Venkatesh Varam, Asst. Administrative Manager of the OPs club has filed their affidavit evidence by reproducing what they have stated in their respective complaint and version. The complainant along with the complaint has produced the copies of receipts dated 31-12-2006 for Rs.20,000/-, dated 05-07-2007 for Rs.3,000/- dated 30-11-2006 for Rs.3,606/-, dated for Rs. 08-03-2006 for Rs.60,000/-, dated 21-08-2006 for Rs.65,000/-, dated for Rs.55,000/- and membership card . Along with version the OP has produced copy of Order of Rev Pet No.3123/2011, copy of Appeal No.2201/11,3119/11 to 3123/11, 3559/11 to 3561/11, and 3565/11, 367/11, 3675/11 and 3676/11, 3679/11 to 3683/11, 3901/11 to 3905/11 and 127/12 to 130/12. We have hard the arguments of both parties and we have gone through the oral and documentary evidence of both sides scrupulously.
7. We have gone through the contention of both parties. There is no dispute between the parties with regard to complainant becoming a Mr.Cool membership believing the offer made by the OP bearing No. COOL S278 by paying Rs.1, 99,000/- as membership and Rs.20,000/- for registration charges. But the complainant in his complaint submitted that he had paid Rs, 2, 21,225/- and has produced receipt issued by the OP.
8. It is the grievance of the complainant that, despite he approaching the OP several times and waiting for a long period of 5 years with positive hopes, the OP did not register a site as promised. The complainant has asked for refund of his membership fee on the ground that he cannot trust the OP and do not wish to continue his relationship with Op. The OP did not register the site. The complimentary plot was not registered in favour of complainant because he failed to pay the remaining registration and miscellaneous charges.
9. If we carefully look at this offer, the offers in our view appear to be an uncertain and non-existing because it is not clear where exactly Coconut Grove exists. In this way it is found that, the OP has offered such type of free plots to attract the people to become its members by paying heavy amount. The complainant became a member by paying full amount. He has repeatedly stated that despite approaching the OP, it did not register the plot.
10. Complainant has made the payments on the promise made by the OPs that they will provide plots, but the OPs have not kept-up their promise. Complimentary Plots have not been registered in favour of the Complainant even though the Complainant reminded the OPs to register the Plots as per their commitment and obligation. Complainants having not satisfied with the attitude/response of the OPs got issued legal notice demanding refund of amount, but OPs have replied to the said notice with baseless allegation and bald assertions. Since the OPs have failed to comply the demand, Complainant was forced to approach Consumer Forum for getting justice. The complainant has produced Cash Receipts passed by the OPs to show the payment made by them. As per the receipts issued by OP, the complainant has paid Rs.2,06,606=00. Therefore, payment of amount made by the Complainant to become members of the Club shall have to be accepted as true & correct. Since the OPs have failed to render service to the complainant as per agreement, it amounts to deficiency of service. Now the Complainant is not ready to take any service from OP, he entitled for refund as prayed for alongwith 12% interest. On considering all these facts placed before us, we find that there is nothing wrong with this complainant in asking the relief to refund of membership fee because of non response or due rendering no service to the complainant by the OP as per agreement, and accordingly, we answer this point. In the result, for the foregoing reasons, we proceed to pass the following order:
ORDER
(Vide separate order dated 17-01-2013)
The complaint of the complainant is allowed.
The OP is directed to pay a sum Rs.2,06,606=00 to the complainant with interest 12% per annum from the date of the order to till the date of realization.
The OP is further directed to pay Rs.2,000=00 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 17th day of January 2013.
MEMBER PRESIDENT
