Complaint filed on: 30-10-2010
Disposed on: 14-03-2011
BEFORE THE BANGALORE IV ADDITIONAL DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM,
BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052
C.C.No.2495/2010
DATED THIS THE 14th MARCH 2011
PRESENT
SRI.D.KRISHNAPPA., PRESIDENT
SRI.GANGANARASAIAH, MEMBER
SMT.ANITA SHIVAKUMAR.K., MEMBER
Complainant: -
V.Harinath Reddy,
No.10, Shalivahana Nilaya,
Near Venkateshwara School,
S.V.Layout, K.R.Puram,
New extension, Bangalore -36
V/s
Opposite party: -
Country Club (I) Ltd,
No.675, 9th A Main,
Old Syndicate Bank Road,
Indiranagar, HAL 1st Stage,
Bangalore-38
Rep. by its Manager
O R D E R
SMT.ANITA SHIVAKUMAR.K., MEMBER.
The grievance of the complainant against the Op in brief is that as per the advertisement, company brochures and assurances of the Op, the complainant had taken permanent membership of Op club on payment Rs.1,00,000/-.The representative of Op club who is engaged in some hospitality services to mobilize the customers along with incentives such as allotment of site, tour packages, and enjoyment of facilities available in club etc. Believing that regarding membership and residential site in coconut groove Banyan Tree surrounding Bangalore after making payment of membership to Op, complainant had paid Rs.1,00,000/- to Op in three installments. Op had issued receipt bearing no. 52026 for Rs.50,000/- dated 18/5/2007, 55942 for Rs.25,000/- dated 31/7/2007 and 56969 for Rs.25,000/- dated 31/8/2007 respectively and also given membership number bearing COOL BT 168. Since Op failed to provide facilities and allotment of site though he received Rs.1,00,000/- complainant requested to refund his money . After several request for refund Op did not settle the claim of the complainant. The complainant requested to refund through request form on 5/8/2009 which is acknowledged by Op. Op neither register the site and provided the facilities nor refund his money back. Hence, complainant filed this complaint seeking direction to refund Rs.1,00,000 with 24% interest p.a and Rs.2,00,000/- compensation.
2. Notice sent to Op was served and Op appeared through his counsel contending that the complaint is not maintainable. But admitted that the complainant has paid Rs.1,00,000/- but he is still due to Rs25,000/-. Unless he paid full amount of Rs.1,25,000/-he is not a member and not entitled for the site and other facilities of the OP club. Hence, there is no such deficiency caused by him as alleged by the complainant. Therefore, has prayed for dismissal of the complaint.
3. In the course of enquiry into the complaint the complainant and one Mr.Venkatesh Verma on behalf of op have filed their affidavit evidences reproducing what they have stated in their respective complaint and version. The complainant has produced the copy of offer letter, copies of receipts, copy of letter submitted to op dated 5/8/2009. Counsels for Op and complainant argued, and perused the records.
4. On the above materials, following points for determination arise.
1. Whether the complainant proves that the Op has caused deficiency in his service in not allotting the site as promised?
2. To what reliefs, the complainant is entitled to?
5. Our findings are as under:
Point No.1: In the affirmative
Point No.2: See the Final order
REASONS
6. Answer on Point No.1: As we have gone through the contention of both parties, the complainant has produced copies of receipts issued by the Op, he having paid Rs.1,00,000/- on different dates. They are dated18/5/2007, 31/7/2007,31/8/2007. There is no dispute regarding payment of Rs.1,00,000/- and he is supposed to pay Rs.1,25,000/- to become a cool card member. The complainant has admitted that he is still due for Rs.25,000/- towards full fees. Since he hasn’t pay the full amount, he is not a member of Op and also he is not entitle for the allotment of site and other facilities of Op club. As per the brochure Op has specifically stated that he will become a member by paying Rs.1,25,000/-and entitle for the facilities like holiday package, complimentary site. Therefore we find no fault in OP in not allotting and registering the site as promised. The complainant has not fulfill the contract to avail service of the Op. Even admittedly Op has not rendered any service to him.
7. Without paying remaining amount with some cause, the complainant wish to withdraw his membership and requested to refund his money. After several request of the complainant, Op did not refund. On 5/8/2009 OP acknowledged the receipt of written request from to refund the amount. Even though Op did not refund the amount nor he demanded remaining amount with showing any progress in developing the site. Op submitted that he is still ready to allot a site in favour of complainant after the receipt of balance amount of Rs.25,000/-. The complainant is not interested to continue the relation with Op and insisting for refund of money which he had already paid. Therefore, we are in view that, without progress and demand for balance money after receipt of request to refund Rs.1,00,000/- Op retained his money and not provided any service. It amounts to deficiency in service on the part of Op and Op is liable to refund with interest.
8. When the complainant is not interested to get the site register, there is no question of payment of due amount and availing any facilities in the Op club. Hence, the complainant is entitle for the refund. The Op admittedly has not rendered any service to the complainant, cannot withhold his money, as such we answer point no.1 in the affirmative and pass the following order.
ORDER
Complainant is allowed.
Op is directed to refund Rs.1,00,000/- with interest @ 15% p.a from the date of demand for refund i.e 5/8/2009 till it is repaid.
Op shall pay Rs.1,500/- towards cost.
Op shall pay above amounts within 30 days from the date of this order. Failing which, Op shall pay 18% interest p.a on above amount from 5/8/2009 till the date of repayment.
Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 14th March 2011.
Member Member President
