Telangana

Mahbubnagar

CC/08/104

Dr K. Aravind S/o Late K. Buchaiah O/c Medical Practitioner - Complainant(s)

Versus

CMD Mr Y. Rajeev Reddy, Country Vacations, Hyderabad. - Opp.Party(s)

Sri C. Rajender Kumar

30 Oct 2008

ORDER

BEFORE THE DISTRICT CONSUMER FORUM AT MAHABUBNAGAR

Thursday the 30th day of October, 2008

 

                                                 Present:- Sri M.Rama Rao, B.A.,LL.B., President

     Sri P.Venkateshwara Rao, B.com., LL.B., Member

       Smt.B.Vijaya Kumari, M.Sc. B.Ed., C.C.P., Member

 

                                                                C.C.NO. 104  Of   2008

Between:-  

1.  Dr. K. Aravind S/o late K. Buchaiah, age: 63 years,                                                 

     Occ: Medical Practitioner.

2.  Smt. K. Shobha W/o Dr. K. Aravind, age: 55 years.

     Both R/o H.No.8-6-257/7, Padmavathi Colony, Mahabubnagar.

   

                                                                                             … Complainants

And 

Country Vacations, Door No.3-6-367, 3^rd Floor, Flat No.306,Skill Spectrum building, beside TTD Kalyanamandapam, Himayath Nagar, Hyderabad, Rep’ by its CMD Mr. Y. Rajeev Reddy. 

                                                                                       

  … Opposite Party

 

 This C.C. coming on before us for final hearing on 23-10-2008,   in the presence of Sri C. Rajender Kumar, Advocate, Mahabubnagar for the complainants and the opposite party having been set exparte and having stoodover for consideration till this day, this Forum delivered the following:

 

O R D E R

 

(Smt.B.Vijaya Kumari, Member)

 

1.        This is a complaint filed on behalf of the complainants under section 12 of Consumer Protection Act, 1986 seeking a direction to the opposite party to issue the membership certificate to the complainants in respect of Country Vacation International Holiday Club and to issue receipt for the payment of Rs.1,90,000/- and to pay Rs.1,90000/- towards compensation for the mental agony or alternatively to refund Rs.1,90,000/- along with interest @ 18% p.a. from 27.12.2007 till the payment also costs of the complaint.   

 

2.      The complaint averments are as follows:-  The opposite party firm namely Country Vacation International Holiday Club is a division of Country Club India Ltd., Hyderabad.  A field representative on behalf of opposite party approached the complainant No.1 at Mahabubnagar for promotion of Country vacations memberships on 27.12.2007 and also he has explained about the mode of joining and their benefits and mode of payment for membership in the Country Vacation International Holiday Club.  After explanation about the scheme the complainant No.1 and complainant No.2 jointly entered into an agreement with OP on Non-judicial Rs.100/- stamp paper for the membership vide contract No.CBA3092 on 27.12.2007.   As per purchase agreement membership terms the duration of time is 30 years and apartment type is studio and seasons type is blue and total points rights are 100.  The membership purchase price is Rs.1,70,000/- and administration fee is Rs.20,000/-  thus the total price of membership purchase is Rs.1,90,000/-.   Accordingly the complainants have paid Rs.1,90,000/- to the authorized signatory  on behalf of OP on 27.12.2007.   After receiving the amount the representative of OP handed over the signed original agreement document to the complainants and also he has assured that the cash receipt and membership certificate in the Country Vacation International Holiday Club shall be issued within 30 days from the date of agreement.  But inspite of lapse of five months the membership certificate is not issued to the complainants.  Along with agreement the opposite party has assured for the allotment of a complimentary plot of 300 sq. yards at Fairway venture floated by OP at Jangaon.   The complainants got issued legal notice on 19.5.2008.  But till today the opposite party neither issued the membership certificate nor payment receipt for the payment of Rs.1,90,000/-.   There is no response from the opposite party.   Non issuing of payment receipt and membership certificate amounts to deficiency of service on the part of OP.   The payment of annual maintenance charges by the complainants does not arise in view of non issue of membership certificate by OP.   Due to the acts of OP the complainants have been put to mental agony and loss.  Therefore the complainants are entitled for compensation and costs of the proceedings.   Hence the complaint. 

 

3.    The opposite party remained exparte. 

 

4.  The complainants No.1 and No.2 filed their affidavits and got marked Exs.A-1 to A-4 on their behalf.

 

5.  The point which falls for consideration is whether the complainants are entitled to the reliefs as prayed for?

 

6.      The case of the complainants is that the opposite party namely Country Vacation International Holiday Club is a division of Country Club India Ltd., Hyderabad.   An authorized signatory on behalf of OP approached the complainant No.1 at Mahabubnagar on 27.12.2007 for the promotion of memberships and explained about the mode of joining and their benefits in the Country Vacation International Holiday Club. After explanation about the rights of the membership the complainant No.1 and complainant No.2 have jointly joined as members through an agreement No.CBA3092 on Non-judicial Rs.100/- stamp paper on 27.12.2007. The complainants and the company’s representative on behalf of OP have signed on the purchase agreement.   As per their terms the complainants have paid Rs.1,90,000/- towards the purchase price and administrative fee on 27.12.2007.  As per the terms and conditions OP is supposed to issue payment receipt and purchase certificate within 30 days from the date of agreement.   But even after lapse of five months the opposite party did not issue the payment receipt and membership certificate.  Non issuing of membership certificate even after payment of total amount of Rs.1,90,000/- towards the membership in Country Vacation International Holiday Club amounts to deficiency of service on the part of OP.   Due to this act the complainants have been put to mental agony and loss and for that they are entitled for compensation.  The complainants got issued legal notice on 19.5.2008. 

 

7.     The opposite party remained exparte.  The allegations in the complaint stand uncontradicted.  The complainants have adduced evidence in the form of affidavit which are marked as Exs.A-1 to A-4.   Ex.A-1 is the membership purchase agreement with mode of payment and terms and conditions. Ex.A-2 is terms and conditions for allotment of complimentary plot. Ex.A-3 is legal notice. Ex.A-4 is postal acknowledgement card.  According to the complainants, they have paid entire amount of Rs.1,90,000/- towards the membership certificate in the Country Vacations International Holiday Club in the division of Country Club India Ltd., Hyderabad, through a purchase agreement No.CBA3092 on 27.12.2007.   As per the terms and conditions of the purchase agreement the membership certificate shall be issued within 30 days from the date of purchase agreement.  The complainants alleged that even after lapse of five months the opposite party has not issued membership certificate and also payment receipt for Rs.1,90,000/-  which amounts to deficiency of service on the part of OP.   As per Ex.A-1 i.e., membership purchase agreement which shows that the complainants have joined as members in the Country Vacations International Holiday Club which is a division of Country Club India Ltd., Hyderabad, through an agreement No.CBA3092 with OP on 27.12.2007.   The agreement shows that the complainants have paid entire amount as per terms and the balance due is nil.  After agreeing the terms and conditions of the agreement the complainants and the authorized   representative on behalf of OP have signed on the purchase agreement.   As per condition No.4 in the purchase agreement the membership certificate and payment receipt shall be issued approximately within 30 days from the date of agreement.  But OP failed to issue the membership certificate within the stipulated period of 30 days.   Non issuing of membership certificate even after payment of entire amount, amounts to deficiency of service on the part of OP.   The Exs.A-1 to A-4  filed by the complainants corroborate the version of the complainants which reveal that the complainants are successful in proving their case to the effect that OP has not rendered proper services and that OP is liable to issue membership certificate to the complainants.    Therefore we hold that the opposite party is liable to issue membership certificate to the complainants in respect of Country Vacation International Holiday Club.   Once the membership certificate is issued the question of issuing payment receipt does not arise.  Without issuing the membership certificate to the complainants the question of payment of annual maintenance charges by the complainants does not arise.  Therefore we hold that OP is liable to issue membership certificate in respect of Country Vacation International Holiday Club.  Due to the acts of OP the complainants have been put to mental agony and loss and for that they are entitled for compensation of Rs.1,000/- and Rs.500/- towards costs of the proceedings. 

 

8.     In the result, the complaint is partly allowed.  The opposite party is directed to issue the membership certificate to the complainants in respect of Country Vacation International Holiday Club.   The opposite party is further directed to pay Rs.1,000/- towards compensation and Rs.500/- towards costs of the proceedings to the complainants within one month from the date of receipt of this order.   

 

   Typed to dictation, corrected and pronounced by us in the open Forum on this the 30th day of October, 2008.           

 

 

   MEMBER                              MEMBER                              PRESIDENT 

    

      Appendix of evidence

       Witness examined

 

For complainants: Nil                                               For opposite party:  Nil

Exhibits marked for Complainants:-

 

Ex.A-1:        Membership purchase agreement, dt.27.12.2007.

Ex.A-2:        Terms & Conditions for allotment of complimentary plot,  

                   dt.27.12.2007.

Ex.A-3:        Office copy of Legal Notice, dt.19.5.2008.

Ex.A-4:        Postal acknowledgement, dt.23.5.2008.

 

Exhibits marked for OP:- 

 

     - Nil-

 

 

By the Forum:

     - Nil-

                                                                                                                                                                                                                            PRESIDENT

Copy to:-    

1. Sri C. Rajender Kumar, Advocate, Mahabubnagar for the complainants.   
2. Country vacations, Door No.3-6-367, 3^rd Floor, Flat No.306,  Skill Spectrum building, beside TTD Kalyanamandapam, Himayath Nagar, Hyderabad, Rep’ by its CMD Mr. Y. Rajeev Reddy.