Date of Filing: 01/04/2015
Date of Order: 11/08/2017
ORDER
BY SRI.SYED ANSER KHALEEM, PRESIDENT
1. This is the complaint is filed in person under Section 12 of the C.P. Act 1986 against the O.Ps alleging the deficiency in service and praying for orders to direct the O.Ps for the following relief:
i). To direct the O.Ps to apologize for all the inconvenience caused to the complainant.
ii). to refund a sum of Rs.1,80,000/- paid to the O.P.
iii). to pay a sum of Rs.50,000/- towards the mental agony suffered by the complainant.
iv). to pay a sum of Rs.1,000/- towards cost of this complaint.
2. The facts of the complaint in brief are that, complainant had received a call from the O.Ps informing him that he has won a free holiday gift voucher and invited him to collect the same and hence complainant approached the O.Ps. It is stated that, the O.Ps representatives gave the complainant a presentation on CV packages and lucrative deals. The complainant was informed that if he would take a membership in country club for Rs.1,15,000/-, he would be given two plots in Tumkur Project. Further he was somehow convinced with their assurances and after much insistence by the O.Ps representatives, he paid Rs.1,15,000/- to the O.Ps and become the member of the O.Ps club with a membership number i.e., COOLCG 5026. It is stated that the problem arose, when the complainant was informed that the project land had been acquired by the Government and the plots as offered cannot be extended to the complainant. It is stated that the till date he has not redeemed his country club membership facilities and nor he is provided with the promised plot. Further stated that after numerous mail correspondence the O.Ps executives contacted the complainant and allotted him the plot Nos. i.e., 947 & 960 respectively in the “Lepakashi Project” launched by the O.Ps and on insisting that the complainant paid the registration charges an amount of Rs.25,000/- on December 29, 2013 & 40,000/- on March 10 2014 respectively. It is alleged that, that the O.Ps have failed to register the plots in favour of the complainant till date and the complainant was again informed that the Lepakashi Project also been acquired by the Government. Further stated that the complainant totally paid a sum of Rs.1,80,000/- to the O.Ps. Further when the O.Ps failed to register the plot in favour of the complainant and hence he demanded to refund of the entire amount. It is alleged that inspite of the complainant’s repeated request and demand O.Ps failed to refund the amount by cancelling the membership. Hence this complaint.
3. Upon issuance of notice, O.Ps appeared through their counsel filed its version. In the version it is contended that the complainant having learned about the facilities and benefits provided by the O.Ps and thereon applied for membership scheme and paid Rs.1,15,000/- through various cheques and accordingly O.Ps issued the receipts and membership card bearing No.COOL CG 5026. The Cool Card members would get the following facilities like country club cool life membership, complementary plot holiday package of two nights three days stay in CCIL projects, assessed to all the clubs in India and other facilities and non refundable membership fee in this scheme is Rs.1,15,000/-. It is contended that, O.Ps specifically informed the complainant that the allotment letter is valid for a period of 30 days only and further informed that the complainant has to pay registration charges towards the complementary plot along with other charges for maintenance etc. The said complementary plot was being done by M/s Country Condos Ltd., sister concern of the O.Ps. It is submitted that, O.Ps had purchased several lands in their favour and subsequently they intended to execute the necessary gift deeds concerning the free complementary plots in favour of eligible members. Thereafter the land had been converted and approved the layout plan from the competent authorities. It is contended that O.Ps had requested the complainant to come forward for registration of the complementary plot and produce appropriate documents before the O.Ps but till date complainant had not come forward to register the complementary plot and did not produce necessary documents before the O.Ps Office and hence contended that they could not register the plot in favour of the complainant. It is submitted that if the complainant is ready to come forward to register and produce the appropriate documents, the O.Ps are ready to execute a gift deed in favour of the complainant at Vadic Spa Second, Mandalli Village, Hindupur, Ananthapur District. It is contended that on 28.5.2011 the O.Ps have given paper publication in Deccan Herald and Prajavani regarding the allotment and registration of the complementary sites to his members who have not got their plots registered requesting to contact M/s Amrutha Estates and Hospitalities Pvt. Ltd., along with their membership cards, letter of allotment and currently registration charges latest by 9.6.2011 to get their plot registered. It is also contended that allotment complementary plot is subject to Government approvals and sanctions and also availability of sites. It is submitted that if plot is allotted in favour of a members is not available due to non-approval of the plan sanction at conversion, or if the plot allotted in favour of a member is not confirmed by such member by making payment of registration charges or if the member on payment of registration charges fails to come forwards for registration of the same, then said such member cannot claim right over the said conditions of the membership, O.Ps would register a complementary plot at any other phase for which their approvals and plans have been sanctioned by the concerned authorities or which are available for registration. It is contended that, in the present case O.Ps are ready to register the complementary plot. It is submitted that all the plans and conversion have been obtained by the O.Ps. It is also submitted that O.Ps are earmarking a site in the said layout in favour of the complainant. It is contended that claim amount was paid by the complainant to the O.Ps only for membership. The offer of the O.Ps was in addition to the services provided by the O.Ps in general and the sites agreed to be provided was only a complementary offer. It is contended that, complainant has availed of various hospitality services provided by the O.Ps and has no grievances in this regard and hence contended that O.Ps has not committed deficiency in service. It is also contended that complainant being a member of O.Ps club solely to enjoy the facilities provided in its clubs and resorts, which facilities he has avail by visiting the clubs and resorts. It is contended that, the complainant had utilized the services provided by the O.Ps has filed the complaint by making false and baseless allegations against the O.Ps. The complementary plot was not registered in favour of the complainant just because he failed to come forward for registration till date, inspite of several reminders, the O.Ps having allotted a complementary plot to the complainant and was registered the same in his name. Hence for the lapse on the part of the complainant it cannot be said that O.Ps has committed unfair trade practice. On other grounds ultimately O.Ps prays for dismissal of the complaint.
4. In order to substantiate the case of the parties and both parties filed their affidavit evidence and also heard the arguments.
5. On the basis of the pleadings of the parties, the following points will arise for our consideration :-
(A) Whether the complainant has proved
deficiency in service on the part of the O.Ps?
(B) Whether the complainant is entitled to
the relief as prayed for in the complaint?
(C) What order?
6. Our answers to the above points are:-
POINT (A) : In the Affirmative.
POINT (B): In the Partly Affirmative.
POINT (C): As per the final order
for the following:
REASONS
POINT No. (A) & (B):-
7. On perusing the pleadings of the parties, it is an undisputed fact, that the complainant by availing the service of O.Ps become the member of the O.Ps by paying a amount of Rs.1,15,000/-. On perusal of the receipts issued by the O.Ps i.e. bearing receipt No. 800, 21387, 22030, 30471, 51283, 51284 and 51488 and all these receipts clearly reveals that since 16.10.2006 to 8.5.2007 complainant paid Rs.20,000/-, Rs.10,000/-, Rs.10,000/-, Rs.10,000/-, Rs.15,000/-, Rs.15,000/-, and Rs.35,000/- and in toto complainant paid Rs.1,15,000/- towards the membership.
8. It is worth to note that, on perusing the entire pleadings and the evidence placed on record it is not in dispute that the complainant also paid Rs.25,000/- and Rs.40,000/- towards the registration charges for the complementary plots as evidenced by the receipts issued by the Country Condos Ltd. However, the O.Ps fairly admitted that they are ready to register the plots in favour of the complainant, if the complainant come forward for registration of the said complementary plots.
9. It is pertinent to note that, when it is not in dispute when the complainant paid Rs.25,000/- and 40,000/- towards the registration of the complementary plot how can the O.Ps contended that complainant is not come forward for the registration of the plot. Furthermore the O.Ps contended in their version that they have given the advertisement in the news paper in Deccan Herald and Prajavani for allotting and registration of the sites to its members, but the O.Ps did not produce the same to prove their bona-fide attempt to registered the complementary plot in favour of the complainant Hence, the contention of the O.Ps is lame of strength in the absence of cogent evidence. Though the complainant paid the amount of Rs.65,000/- other than the membership amount but the O.Ps failed to register the said complementary plots in favour of the complainant and it obviously leads to deficiency in service as well as unfair trade practice. It is worth to note that, though it is a complementary plots and the complainant may not directly paid the consideration but as per the own admission of the O.Ps that the scheme offered to become member in addition to complementary plot and hence some consideration included in the membership itself and hence for any deficiency the complainant has every right to move to the consumer Forum and the present subject matter obviously comes within the domain of the Consumer Protection Act. On the basis available evidence on record that the complainant proved deficiency in service on the part of the O.Ps and accordingly we answered the Point No.(A) in the affirmative.
POINT No.(B):
10. It is worth to note that, the complainant had obtained the membership from the O.Ps by paying an amount of Rs.1,15,000/- as per the receipts issued by the O.Ps from date 16.10.2006 to 8.5.2007. Whereas the complainant intends to seek for refund of the membership amount paid to the O.Ps after the lapse of seven (7) years. Furthermore, the O.Ps also contended that the membership amount is not refundable. However, the complainant did not say anything about the utilization of the membership in other aspects and services of the O.Ps. Under the circumstances, we find no merit in the allegation of the complainant for refund of the amount as the same is time barred. Furthermore, the O.Ps fairly admitted that they are ready to register the complementary plots in favour of the complainant, but inspite of the amount paid by the complainant towards registration charges and as per the available evidence on record O.Ps themselves failed to register the plot in favour of the complainant. Hence, till the registration of the complementary plot the cause of action is continuing one. Furthermore, the O.Ps also relied on the decision of the Hon’ble National Commission reported in CPR 2012(2) Pg 452 NC on the case of COUNTRY CLUB LTD. Anr. Vs K.DHAMODAR with all due respect to the decision of the Hon’ble National Commission and on going through the same we found that facts involved in the present case is quiet different from the facts involved in the above said decision. Hence the ratio of the above said decision cannot be made applicable to the present case on hand. Under the circumstances we deem it just and proper to direct the O.Ps to register the complementary plots as promised by them in favour of the complainant at their cost without insisting any further amount from the complainant or if the complainant not interested in the complementary plots for registering the same in his favour in such event O.Ps have to refund the amount of Rs.65,000/- along with interest at the rate of 12% per annum from the date of complaint till the date of realization and it will meets the ends of justice. Hence, the complainant is entitled only for the partial relief i.e. to get registration of the complementary plot as promised by the O.Ps or to receive back the refund of the amount of Rs.65,000/- along with interest at the rate of 12% as stated above and not for refund of the membership amount. Accordingly we answered Point No.(B) in the partly affirmative.
POINT (C):
11. On the basis of findings given while answering the Points (A) & (B) and in the result, we proceed to pass the following:-
ORDER
- The complaint is allowed in part with cost.
- The O.P No.1 to 5 are jointly and severally liable to register the complementary plots as promised by them in favour of the complainant at their cost without insisting any further amount from the complainant
-
If the complainant is not interested in the complementary plots for registering the same in his favour in such event O.Ps are hereby directed to refund the amount of Rs.65,000/- to the complainant along with interest at the rate of 12% per annum from the date of complaint till the date of realization.
- Further O.Ps are hereby directed to pay a sum of Rs.1,000/- towards cost of the proceedings.
- The O.Ps are jointly and severally hereby directed to comply the order of this Forum within 30 days from the date of receipt of this order and submit the compliance report to this forum within 45 days.
- Send a copy of this order to both parties free of cost.
(Dictated to the Stenographer, transcribed and computerized by him, corrected and then pronounced by us in the Open Forum on this the 11th Day of August 2017)
MEMBER MEMBER PRESIDENT
*Rak
