COMPLAINT FILED: 29-05-2009 <br /> DISPOSED ON: 30-11-2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 30TH NOVEMBER 2009<br /> <br /> PRESENT :-SRI. B.S.REDDY PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> COMPLAINT NO.1236/2009<br /> <br /> <br /> COMPLAINANT <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> B.A.Vasanth Kumar,<br /> S/o.P.V.Anjaneyalu,<br /> Aged about 44 years,<br /> R/at No.162/A, 6th Main,KGE Layout, <br /> RMV 2nd Stage,<br /> New BEL Road,<br /> Bangalore.<br /> <br /> Advocate – <br /> Sri.Suneel S.Narayana<br /> <br /> <br /> V/s.<br /> <br /> <br /> OPPOSITE PARTY Amrutha Estates<br /> A Division of country Club,<br /> No-478, “Maha Padma”<br /> 1st Main, 1st Stage,<br /> Indiranagar, <br /> Bangalore – 560 038.<br /> Represented by its <br /> Branch Manager<br /> <br /> <br /> <br /> <br /> <br /> O R D E R<br /> <br /> SRI. B.S.REDDY, PRESIDENT<br /> <br /> The complainant filed this complaint filed u/s. 12 of the C.P. Act of 1986 seeking direction against Opposite Party (herein after called as OP) to refund an amount of Rs.57322/- with interest and to pay compensation of Rs.1,00,000/- on an allegations of deficiency in service on the part of the OP.<br /> <br /> The case of the complainant to be stated in brief is that:-<br /> <br /> 2. OP offered its member ship to the public with an assurance that it would provide all facilities and give free complimentary 2 plots. The complainant believing the assurance of the OP became a member in “Gold Crown Premium Super Countey Kuteeram” by paying membership fee of Rs.55,000/- from 17-04-2007 to 27-11-2007 in instalments. In addition to the said amount OP collected a sum of Rs.2,322/- on 02-07-2008 towards administrative charges, laundry tax and service tax. On 14-06-2008 OP informed the complainant regarding the allotment of complimentary free plot measuring 1089 Sq. Ft. in Greenary site No.301. After the receipt of that allotment letter complainant approached OP and enquired the non allotment of second plot as promised, OP in reply asked the complainant to pay consideration for allotment of second plot. The complainant refused to pay any consideration and demanded to allot second plot free of cost as promised. After receiving the allotment letter of the site complainant visited layout and noticed no sites are formed and site No.301 is not at all in existence. The complainant approached OP and questioned regarding non formation of residential layout, OP assured to complete the work before 31-08-2008 and execute the sale deed before 31-10-2008. Believing the assurance of OP the complainant invested amount with a hope he will get 2 complimentary plots. But OP has not taken any steps as promised, the complainant asked OP to refund the amount with interest. OP assured to refund the same within 15-03-2009, but failed to refund the same. The complainant got issued legal notice dated 03-04-2009 calling upon the OP to refund the amount with interest and also to pay a sum of Rs.1,00,000/- as compensation. Inspite of receiving the notice OP has not refunded the amount and replied the notice. Hence the complainant felt deficiency in service.<br /> <br /> 3. On appearance OP filed version contending that the complaint is not maintainable. The OP reserves the right to refer the matter to an Arbitrator under Arbitration and Conciliation Act of 1996. It is admitted that the complainant became a member of OP club by paying non-refundable sum of Rs.55,000/-. As per the scheme of the OP, every member registered under the said scheme shall be entitled for complimentary site registered in their name and as promised OP also offered and allotted a complimentary site and allotment letter was given on 14-06-2008 allotting Greenary site No.301. The complainant has not paid the registration charges for the registration of the site. It is false to state that complainant was assured with two complimentary sites but complainant is eligible for one free complimentary site. OP even now is ready to register the allotted site soon after the registration charges paid by the complainant along with stamp duty. There is no deficiency in service on the part of the OP. Hence it is prayed to dismiss the complaint. <br /> <br /> 4. The complainant filed affidavit to substantiate the complaint averments and produced documents. The manager of OP filed affidavit in support of the defence version and documents are produced. <br /> <br /> 5. After perusing the pleadings, documents produced and affidavit evidence of both the parties and hearing on both the sides the following points that arise for our consideration :-<br /> <br /> Point No. 1 :- Whether the complainant has Proved <br /> the deficiency in service on the part of <br /> the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the relief’s now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 6. We record our findings on the above points as :-<br /> <br /> Point No.1:- Affirmative<br /> Point No.2:- Affirmative in part<br /> Point No.3:- As per final Order.<br /> <br /> R E A S O N <br /> <br /> 8. It is not in dispute that the complainant became a member in the Gold Crown Premium Super Countey Kuteram of OP by paying member ship fee of Rs.55,000/- in instalments on various dates from 17-04-2007 to 27-11-2007. Further OP has collected an amount of Rs.2,322/- on 02-06-2008 towards administrative charges, laundry tax, and service tax. The complainant has produced the receipts for having paid an amount of Rs.55,000/- towards membership fee and also the receipt dated 02-06-2008 for having paid an amount of Rs.2,322/- towards administrative charges, laundry tax and service tax. The main contention of the complainant is OP assured to provide two complimentary free sites an becoming member of the Club, but has allotted only one plot bearing No.301 as per allotment letter 14-06-2008, OP has not allotted the second complimentary plot and further OP without forming any approved layout has allotted Greenary site bearing No.301 and infact there is no such site in existence on the spot. Thus the complainant claims that there is deficiency in service on the part of the OP in not allotting the site in an approved layout and he is seeking refund of the amount paid along with compensation of Rs.1,00,000/-. <br /> <br /> 9. OP has produced the Xerox copy of the sale deed dated 29-06-2006 in favour of one Mr.Alla Subba Reddy with respect to agricultural land situated at Yaladadlu village, Tumkur Taluk and RTC extract and proposed layout phase stated to have been approved by Village Panchayat Nellahal. <br /> <br /> 10. It is contended for the OP that the village panchayat has approved the layout and the site has been allotted to the complainant. OP is prepared to execute sale deed in respect of that site on complainant depositing stamp duty and registration charges. Thus it is contended that there is no deficiency in service on the part of the OP. It may be noted that OP has not produced any reliable material to show that the property purchased being agricultural land has been converted as non agricultural land. We are unable to accept that the land purchased under the sale deed and proposed layout plan produced is the property of the OP. As per the affidavit of the complainant it is clear that on visiting spot it was found no layout has been formed; there is no existence of site bearing No.301 stated to have been allotted to him. Under these circumstances we are of the view that OP has not fulfilled the promise made in allotting complimentary site to the complainant as assured at the time of complainant becoming the member, as such there is deficiency in service on the part of the OP. The complainant is entitled for the refund of the amount paid with interest. The complainant has made use of facilities of the club as such he is not entitled for the compensation. Accordingly we proceed to pass the following :<br /> <br /> <br /> O R D E R<br /> <br /> The complaint filed by the complainant allowed in part. <br /> <br /> OP is directed to refund an amount of Rs.57,322/-along with interest at 12% p.a. from the respective date of payment till the date of realization along with litigation cost of Rs.1,000/-.<br /> <br /> This order is to be complied within four weeks from the date of its communication. <br /> <br /> Send copy of this order to both the parties free of costs. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 30th day of November 2009.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> NRS <br />