COMPLAINT FILED ON: 05.05.2011
DISPOSED ON: 14.10.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL
FORUM AT BANGALORE (URBAN)
14th OCTOBER 2011
PRESENT:- SRI.B.S.REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI.A.MUNIYAPPA MEMBER
COMPLAINT NO. 870/2011
COMPLAINANTS OPPOSITE PARTY | Sri.SANJAY MEHROTRA, Son of Ramakisan Mehrotra, Aged about 57 years, Subbalakshmi Silks, No.103/1, Lakshmi Market, Pillappa Lane, J.M.Road, Bangalore – 560 002. (Adv:Neelakantaiah) V/s. Managing Director, The Authorized Signatory, Country Club (India) Ltd., No.675, 9th ‘A’ Main, 1st Stage, Indiranagar, Bangalore – 560038. (Adv: G.A.Gopi) |
O R D E R
SMT. M. YASHODHAMMA, MEMBER
This is a complaint filed by the complainant u/s. 12 of the Consumer Protection Act of 1986, seeking direction to the Opposite Party (herein after called as O.P) to refund Rs.1,33,671/- paid towards membership fees with interest at the rate of 18% p.a. along with compensation of Rs. 1 lakh/- towards mental agony and suffering on the allegations of deficiency in service on the part of the O.P.
2. The brief averments made in the complaint are as follows.
Attracted by the offer made by O.P. with several benefits complainant became the member of O.P. club, by paying a sum of Rs.1,18,671/- on different dates from 15-12-2006 to 19-02-2010. O.P. accepted the membership of the Complainant and issued Cool Card Life Membership bearing No. COOL CCG 5760 to Complainant. O.P. has also issued the receipts acknowledging the receipt of amount. O.P. also received Rs.15,000/- towards registration charges from the complainant. OP allotted the site bearing No.876, measuring 1089 Sq.ft. formed in servey Nos. 36,50,52,53,55,56,57,59,64,65, 38 and 58 situated at Basmangi Kaval, Madhugiri Taluk, Tumkur District and Registered gift deed dated 22/6/2009 registered as document No.MDG-1-01148/2009-10, Book I stored in CD No.MDGD57, registered in the office of sub-registrar, Madhugiri. Copy of the gift deed is produced. After registration complainant visited the spot. Complainant was shocked to know that there is no existence site at all. Complainant came to know that O.P. deceived several other members along with complainant. O.P. has received a sum of Rs.15000/- towards the registration of the sale deed, but executed the gift deed by paying sum of Rs.750/- towards a stamp duty without any reason or right to do so. There is no relationship of Donee and Donor. Instead of sale deed gift deed is executed which is against to law. At the time of becoming the member O.P. has promised to allot a site in Coconut grove at Tumkur. But OP allotted a site at the remote village without any basic amenities. Even after executing the registered gift deed there is no existence of site mentioned above. Hence complainant put to mental agony. Under the circumstances he is advised to file this complaint against OP for the necessary reliefs.
2. On appearance OP filed the version mainly contending that it has already registered the site bearing No.876, at phase XVIII, Coconut Grove, Vide Gift deed dated 28-5-2009 infavour of the complainant way back in the year 2009. Hence complainant cannot seek for refund of the amount without seeking for cancellation of registered documents. Complaint filed after lapse of two years from registration of the site. It is contended by the O.P. that copy of gift deed is produced as annexure-A but no copy of gift deed is produced. Complainant visited Goa Club along with his family in the year 2008. O.P. along with free trip offered one way Air Ticket which was refused by the complainant stating he is traveling on his own expense. No consideration is collected for complimentary plot. Hence complainant is not a consumer. Complainant was fully aware of the location before execution of gift deed. It is contended by O.P. that the copy of conversion order is produced to show the location of complimentary plot but in fact. O.P. has not produced any single document. O.P. has provided all the benefits offered. There is no deficiency in service on the part of O.P. Among other grounds OP prayed for dismissal of the complaint.
3. In order to substantiate the complaint averments, complainant filed his affidavit evidence and produced 7 receipts issued by the O.Ps., copy of the registered gift deed. On behalf of OP Venkatesh Verma C. Asst. Administration Manager, filed his affidavit evidence in support of the defence version. O.P. has not produced any documents. Complainant filed written arguments, Heard arguments from complainant side and taken as heard from O.P. side.
4. In view of the above said facts, the points now that arises for our consideration in this complaint is as under:
Point No.1:- Whether the complainant
proved the deficiency in service
on the part of the OP ?
Point No.2:- If so, whether the complainant is
entitled for the relief now claimed?
Point No.3:- To what Order?
6. 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:
Point No.1:- In Affirmative.
Point No.2:- Affirmative in part.
Point No.3:- As per final Order.
R E A S O N S
7. At the out set it is not in dispute that attracted by the several offers made by O.P. Complainant became the member of the O.P. club. O.P. accepted the membership of the complainant and issued Cool card life membership bearing No. COOL CG 5760 to the complainant. Complainant paid Rs.1,18,671/- towards Cool membership and Rs.15,000/- towards registration and maintenance charges. O.P. has issued seven receipts acknowledging receipt of amount. O.P. also admits receipt of Rs.15,000/- paid towards registration and maintenance charges. O.P. has assured to allot a complimentary plot at Coconut grove, Tumkur at the time of complainant becoming the member. Now the grievance of the complainant is without knowledge of the complainant. O.P. has registered a complimentary site bearing No.876 situated at Basamangi Kaval, Madhugeri Taluk, Tumkur District by way gift deed dated 22/6/2009. After registration complainant personally visited the area but there is no existence of said site. The said site is worth of Rs.11,000/- only and not worth of Rs.1,50,000/- as assured by O.P. The stamp duty paid is Rs.750/-. Registration and scanning expenses of Rs.440/-. O.P. has incurred only Rs.1190/- towards registration but collected Rs.15,000/- from complainant towards registration expenses. Hence complainant approached this Forum for the necessary relief.
8. As against the case of the complainant the defence of the O.P. is that O.P. has registered the complimentary site bearing No.876, situated as phase XVIII, Coconut grove on 28/5/2009 itself, hence complainant cannot seek for refund without cancellation of registered document. It is contended by O.P. that the copy of the gift deed is produced as annexure-A. But in fact O.P. has not produced any documents to show that the benefits which were assured at the time of taking the membership of the complainant were provided to him. The copy of the registered gift dated 22/6/2009 is produced by the complainant. Site No.876, measuring 1089 Sq.ft situated at Basmangi Kaval, Madhugiri Taluk, Tumkur District has been gifted to the complainant by executing a registered gift deed.
9. It may be noted from the affidavit evidence of the complainant it that the registered gift deed has been registered without his knowledge. His thumb impression and photo were taken at the time of becoming the member and same has been used for executing the gift deed as if he has authorized an official of O.P. to accept the gift. It is pertinent to note that O.P. has not produced any materials to show that any approved layout has been formed with due approval of the statutory authorities and site No.876 is one of the sites formed in such approved layout. The approved layout plan and conversion order has not been produced. The recital of the gift deed reveals that two donors through their power of attorney holder executed this gift deed. It is not clear as to whose name the title deed of the land stands in which the site gifted is situated at Basmangi Kaval, Madhugiri Taluk, Tumkur District. Site is valued only Rs.11,000/- and not worth of Rs.1,50,000/- as assured by O.P. O.P. has incurred Rs.1190/- towards stamp duty and registration expenses but O.P. has admitted that it has collected Rs.15,000/- towards registration expenses. O.P. has failed to refund the amount. In fact there is no such site No. in existence. All these acts of O.P. amounts to deficiency in service on its part. Under these circumstances we are of the considered view that the complainant is entitled for the refund of entire amount Rs.1,33,671/- with interest at @ 12% p.a. as compensation from the date of respective payments, till the date of realisation. Accordingly we proceed to pass the following
O R D E R
The Complaint is allowed in part. OP is directed to refund Rs.1,33,671/- with interest at 12% p.a. from the date of respective payments till the date of realisation and pay litigation cost of Rs.2000/- to the complainant.
This order is to be complied within four weeks from the date communication of this order.
Send the copy of this order both the parties free of cost.
(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 14th day of October 2011.)
MEMBER MEMBER PRESIDENT
