COMPLAINT FILED ON: 12.04.2010 <br /> DISPOSED ON: 18.10.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 18TH OCTOBER 2010<br /> <br /> PRESENT:- SRI. B.S. REDDY PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER<br /> SRI. A. MUNIYAPPA MEMBER <br /> COMPLAINT No.792/2010<br /> <br /> COMPLAINANT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> OPPOSITE PARTIES<br /> <br /> <br /> <br /> <br /> <br /> <br /> Mr. Prashant Ranjan,<br /> No.53, 7th Floor,<br /> D6 Block, Kendriya Vihar,<br /> Yelahanka,<br /> Bangalore – 560 064.<br /> <br /> In Person<br /> <br /> V/s.<br /> <br /> 1. CEO, <br /> Country Club (India) Ltd.,<br /> #675, 9th A, Main,<br /> Indiranagar 1st Stage,<br /> Bangalore – 560 038.<br /> <br /> Ex-Parte<br /> <br /> 2. Branch Manager,<br /> Country Vacations,<br /> Country Club (India) Limited,<br /> #4, 3rd Floor, S.V. Towers,<br /> Krishna Industrial Area,<br /> Hosur Road, Koramangala,<br /> Bangalore – 560 029.<br /> <br /> Advocate: Sri Somashekara Reddy<br /> O R D E R<br /> <br /> SRI. B.S. REDDY, PRESIDENT<br /> <br /> The complainant filed this complaint seeking direction against Opposite Parties (herein after called as OPs) to refund an amount of Rs.1,70,000/- and pay compensation of Rs.80,000/- with litigation cost of Rs.30,000/- on an allegations of deficiency in service on the part of the OPs.<br /> <br /> 2. The case of the complainant is that OP-1 is the master and OP-2 is the servant of OP-1, managing the branch of OP-1. OPs mislead the complainant making him to believe they will give three free plots with membership and there will not be any hidden charges. The complainant being dissatisfied with the service of OP asked for refund after cancellation of his membership because OP did not give free plots within 45 kms from away from Bangalore and OP failed to refund the amount of Rs.1,70,000/-. The complainant paid an amount of Rs.1,70,000/- on 04.07.2009 expecting that he will get three free plots each measuring 100 sq ft situated 45 km away from Bangalore, at Hindupur. The location of the sites was not 45 kms but 100 kms from Bangalore. OPs have conducted unfair trade practice by misleading the complainant. There is deficiency in service on the part of the OPs. <br /> <br /> 3. OP-1 remained ex-parte. OP-2 filed version contending that this Forum has no jurisdiction to entertain the complaint, the courts in Secunderabad and Hyderabad are only having jurisdiction to entertain the complaint. The complainant after going through the advertisement, being impressed with the offers, expressed his willingness to become the member by paying non-refundable sum of Rs.1,70,000/- towards membership fee and availed all the benefits from the OP, the balance amount of Rs.30,000/- is not paid till today. OP as per its scheme offered the complainant many offers and it is the complainant who did not utilize the offers and for mistake of the complainant for not utilizing the offers, OP is not liable. OP is even now ready to allot all the benefits of club and benefits as mentioned in the offer letter. The membership fee is non refundable. OP is ready to execute the complimentary site sale deed in favour of the complainant as soon as the complainant pays the registration and miscellaneous charges. There is no deficiency in service on the part of the OP. Hence it is prayed to dismiss the complaint with exemplary costs.<br /> <br /> 4. In order to substantiate the complaint averments, the complainant filed affidavit evidence. The Assistant Branch Manager of OP-2 filed affidavit evidence and produced documents. <br /> <br /> 5. Arguments on both sides heard. Points for consideration are:<br /> <br /> Point No.1:- Whether the complainant is proved <br /> the deficiency in service on the part <br /> of the OPs?<br /> <br /> Point No.2:- If so, whether the complainant is <br /> entitled for the relief now claimed?<br /> <br /> Point No.3:- To what Order?<br /> <br /> <br /> 6. We record our findings on:<br /> <br /> Point No.1:- In Affirmative. <br /> Point No.2:- Affirmative in part. <br /> Point No.3:- As per final order.<br /> <br /> R E A S O N S<br /> <br /> 7. At the outset it is not at dispute that the complainant became the member of OPs club by paying total amount of Rs.1,70,000/- through cheques dated 04.07.2009. The complainant has produced the receipts dated 30.06.2009 issued by OP-2 acknowledging the receipt of the cheques for the said amounts. From the affidavit evidence of the complainant and the documents produced it becomes clear, OPs offered complimentary plots situated at Hindupur at a distance of 45 kms from Bangalore. The complainant came to know that the distance between Bangalore and Hindupur where the sites are situated is about 100 kms; the complainant was not willing for the said sites. Thus it becomes clear that while making promises to allot complimentary plots; OP represented that the place Hindupur where the sites are situated is only at a distance of 45 kms from Bangalore, but in fact the distance is about 100 kms. The complainant is justified in not accepting the offer to get the complimentary plots situated at Hindupur which is at a distance of 100 kms from Bangalore. There is no merit in the contention of the OP that the membership fee is non-refundable. OP by making the complainant to believe that the distance is only 40 to 45 kms where the sites are situated; received the membership amount and when the complainant came to know the distance is about 100 kms from Bangalore; he has sought for the refund of the membership amount. There is no material to show that the complainant has utilized any service of OP club. <br /> <br /> 8. The complainant has paid the membership fee of Rs.1,70,000/- on 04.07.2009, after he came to know that the complimentary sites offered is at distance of 100 kms from Bangalore he has sought for cancellation of his membership and to refund the amount paid. In the affidavit evidence, the complainant has clearly stated that on 5th July 2009 he went to the OPs office and requested for cancellation. On 6th July he had sent an e-mail asking for cancellation. On 07.07.2009 he has couriered cancellation letter to both Bangalore and Hyderabad office address of OP. The e-mail correspondences produced by the complainant and the couriered receipts clearly goes to show that soon after the complainant came to know that the complimentary sites proposed to be allotted are situated at distance of 100 kms from Bangalore, as against the assurance of OP that the distance is only 40 to 45 kms, the complainant cancelled his membership and sought for refund of the amount. OP was not justified in retaining the amount even after the cancellation of the membership. The assurance and promise made by OP that the distance of Hindupur from Bangalore is only 40 to 45 kms where the complimentary plots are formed was not correct; as the distance was about 100 kms. Thus OP by retaining the membership amount even after cancellation of the membership; committed deficiency in service on its part and also unfair trade practice. The complainant is entitled for the refund of the amount paid with interest and litigation cost. Accordingly we proceed to pass the following: <br /> O R D E R<br /> <br /> The complaint filed by the complainant is allowed in part. OP is directed to refund an amount of Rs.1,70,000/- with interest at 9% p.a. from 04.07.2009 till the date of realization and pay litigation cost of Rs.1,000/- to the complainant. <br /> <br /> This order is to be complied within four weeks from the date of this order.<br /> <br /> Send the copy of this order to both the parties free of cost.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 18th day of October 2010.) <br /> <br /> <br /> PRESIDENT<br /> <br /> <br /> MEMBER MEMBER <br /> <br /> Snm:<br />