COMPLAINT FILED: 25-03-2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 18TH JULY 2009<br /> <br /> PRESENT :- SRI. S.S.NAGARALE : PRESIDENT <br /> SMT. M. YASHODHAMMA : MEMBER <br /> SRI. A.MUNIYAPPA : MEMBER <br /> <br /> COMPLAINT NOS.694/2009 & 970/2009<br /> <br /> <br /> COMPLAINT NO. 694/2009 COMPLAINANT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> COMPLAINT NO.970/2009<br /> COMPLAINANT Jagadish Malnad,<br /> No.7/13,Hosmane, <br /> 5th Main, Puttenahalli, J.P.Nagar, 7th Phase, <br /> Bangalore –560 078.<br /> <br /> Party in Person<br /> <br /> <br /> Sri. C.K.Venkatesh Murthy,<br /> S/o.Sri.V.Krishnappa, Aged about 34 years,<br /> No.251, 1st floor,<br /> 13th Main, BSK1st Stage,<br /> 2nd Block, Bangalore-5600 50.<br /> <br /> Advocate- Sri.N.R.Nagaraj<br /> <br /> V/S.<br /> <br /> <br /> <br /> OPPOSITE PARTY <br /> <br /> <br /> M/s. Country Club India Ltd.,<br /> No.657, 9th A Main,<br /> Indiranagar, 1st Stage<br /> Bangalore-560038.<br /> <br /> Advocate – Sri.S.M.Manjunath<br /> <br /> O R D E R<br /> <br /> SMT. M. YASHODHAMMA,MEMBER <br /> <br /> These are the complaints filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction against the Opposite Party (herein after called as O.P) to refund whatever the amount they have paid and pay compensation and damages on an allegations of deficiency in service. <br /> <br /> The OPs in both the complaints are common the question involved, relief claimed being the same, in order to avoid repetition of facts and multiciplity of reasoning, both the cases are stand disposed of by this Common Order <br /> <br /> The brief averments, as could be seen from the contents of the complaints, are as under:<br /> <br /> 2. The complainants being attracted with the advertisement issued by the OP, thought of becoming the member of the OP club under various schemes. The OP accepted the membership and collected the fee and monthly installment fee also. Further the OP promised so many attractive offers like Royal Goan Beach Club stay for 6 nights and 7 days, Insurance coverage, Wild Life Resort stay, allotment and registration of two free complimentary sites of 1089 sq.ft. at coconut groove etc. But thereafter the OP fails to keep up its promise. For no fault of theirs complainants were made to suffer from mental agony and financial loss. Under such circumstances, complainants felt deficiency in service on the part of the OP. For the convenience sake the card member ship, amount paid, member ship Number, date of the legal notice noted below in the chart. <br /> When the repeated requests and demands made by the complainants have gone in futile they are advised to file these complaints and sought for the relief accordingly.<br /> <br /> Sl<br /> No. Complaint<br /> No. Card Member<br /> Ship Member<br /> Ship No. Receipt<br /> No.&<br /> Date Amount <br /> Paid Notice Date<br /> 1. 694/2009 Gold Crown Premium BLGCP/674-A 21251 <br /> 2/11/2006<br /> <br /> 21252 <br /> 2/11/2006<br /> <br /> 21253 <br /> 2/11/2006<br /> Rs.70,000/-<br /> <br /> Rs.80,000/-<br /> <br /> <br /> Rs.50,000/-<br /> 3/12/2008<br /> <br /> <br /> Total Rs.2,00,000/- <br /> 2. 970/2009 Millionaire<br /> Club Premium MILPB361 15421<br /> 24/9/2007<br /> <br /> 58030<br /> 26/9/2007<br /> <br /> 58031<br /> 26/9/2007<br /> Rs.60,000/-<br /> <br /> Rs.60,000/-<br /> <br /> Rs.5,000/- 24/2/2009<br /> <br /> <br /> Total Rs.1,25,000/- <br /> <br /> <br /> <br /> 3. On appearance OP filed the version the defence set out by the OP in both the complaints are identical and same. <br /> <br /> The brief averments made in the version are as under: <br /> <br /> 4. According to the OP the club member ship fee paid by each of the complainants is non-refundable. It is further contended that the OP is ready to execute the sale deed in respect of the complimentary sites in favour of the complainants as soon as the complainants pay registration and other miscellaneous charges as required. Each of the complainants has extensively used the club facilities. The other allegations made by complainants are all false and frivolous. Complaints are devoid of merits. There is no proof of deficiency in service on the part of the OP. Hence the OP is not liable to pay the compensation or oblige to refund the fee. Among these grounds, OP prayed for the dismissal of the complaints.<br /> <br /> 5. In order to substantiate the complaint averments, both the complainants have filed their affidavit evidence and produced the documents. OP has also filed the affidavit evidence and produced the documents. Then the arguments were heard.<br /> <br /> 6. In view of the above said facts, the points now that arise for our consideration in these complaints are as under:<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 /> 7. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs 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 /> <br /> <br /> <br /> <br /> R E A S O N S<br /> <br /> 8. At the outset it is not at dispute that both the complainants became the member of the OP scheme as noted in the chart. The OP accepted their membership and allotted the certain number. It is also not at dispute that the OP collected the member ship fee as well as service charges as noted in the chart from both the complainants. Now the main grievance of the complainants is that though OP collected the service charges fail to allot and register the complimentary sites as promised.<br /> <br /> 9. According to the complainants, the OP promised them to provide stay at Royal Goan Beach Club for 6 nights and 7 days, free Air ticket to Goa, stay at Wild Life Resort- “BushBetta” and other facilities. Inspite of repeated request and demands the OP failed to extend the said service as promised. The evidence of the complainants support the case of the complainants. There is nothing to discard their sworn testimony.<br /> <br /> 10. Even after service of legal notice there was no response from the OP. Hence the complainant felt deficiency in service. As against this on impeachable evidence of the complainants the defence out set by the OP appears to be defence for defence sake. Further defence of the OP that whatever the club membership fee paid is non-refundable has no basis.<br /> <br /> 11. It is further contended by the OP that even now it is ready to execute the Sale deed with respect to the complimentary sites if complainants pay required registration fee and stamp duty. But there is no basis for this defence. The OP did not produce any documents to show that layout has been formed and sites are readily available in its possession as on today. <br /> <br /> <br /> 12. The OP is not very much sure about its own defence. No where OP has stated that it provided Royal Goan Beach Club stay, Insurance coverage, Wild Life resort stay, Goa trip Flight Ticket etc as contended by the complainants. So when there is no specific denial of the said allegations, in our view, it amounts to an admission. Though the OP received such a huge amount from both the complainants neither allotted and registered the complimentary sites nor refunded the amount to the complainants. Here we find the deficiency in service. Under the circumstances complainants are entitled for certain relief. Having taken note of the facts and circumstances of the case in our view, justice will be meet by directing the OP to refund whatever the amount it has received from the complainants along with token of compensation and litigation cost. With these observations we answer Point No. 1 & 2 accordingly and proceed to pass the following:<br /> <br /> O R D E R<br /> <br /> The complaints are allowed.<br /> <br /> In complaint No.694/2009 the OP is directed to refund Rs.2,00,000/- (Two Lakhs) together with interest at the rate of 9% p.a. from December’ 2007 till realization along with litigation cost of Rs.2,000/- to the complainant.<br /> <br /> In complaint No.970/2009 the OP is directed to refund Rs.1,25,000/- (One Lakh Twenty five thousand) together with interest at the rate of 9% p.a. from October’ 2007 till realization along with litigation cost of Rs.2,000/- to the complainant. <br /> <br /> This order is to be complied within four weeks from the date of its communication.<br /> <br /> Send the copy of this order to both the parties free of cost. <br /> <br /> This original order shall be kept in the file of the complaint No.694/2009 and a copy of it shall be placed in other respective file.<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 July 2009.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> NRS<br /> <br />