COMPLAINT FILED ON: 08.12.2010
DISPOSED ON: 25.06.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL
FORUM AT BANGALORE (URBAN)
25th JUNE 2011
PRESENT:- SRI.B.S.REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI.A.MUNIYAPPA MEMBER
COMPLAINT NOs. 2775/2010
COMPLAINT NO. COMPLAINANT OPPOSITE PARTY | Srinivasa Rao S.P. No.28/261, ‘Saptagiri Nilaya’, Kuvepu Nagar, Near Gopi Venkateshwara Layout, Arishinakunte(P.O.) Nelamangala- 562 123, Bangalore. Advocate: Mr.Manjunatha. V/s. Country Club (India) Limited, Represented by its Managing Director, Mr.Rajiv Reddy, No.675, 9th A Main, Indiranagar 1st Stage, Bangalore – 560 038. Also at: The Country Club, No.273, 1st Main Raod, Defence Colony, HAL 2nd Stage, Bangalore 560038. Advocate: M/s. Sathya & Co. |
O R D E R
SMT. M. YASHODHAMMA, MEMBER
This is a complaint filed u/s. 12 of the Consumer Protection Act of 1986 by the complainant, seeking direction to the Opposite Party (herein after called as O.P) to refund Rs.75,000/- paid towards membership fee or to allot residential site at Coconut Grove Banyan Tree at the same price and pay compensation of Rs. 1 lakh and cost on the allegation of deficiency in service.
2. The brief averments made in the complaint are as follows.
Complainant became member of O.P. Club on 30-6-2007 by paying sum of Rs.75,000/- O.P. has issued the receipt acknowledging the receipt of Rs.75,000/-. O.P. issued membership No.COOL-VS-955 to the complainant. O.P. offered allotment of complimentary residential site with a dimension of 1089 Sq.ft. at Coconut Grove Banyan tree near Bangalore International Airport. Many occasions complainant visited office of O.P. and enquired about the allotment and also wanted to have a site visit. Waited for hours together at the office of O.P. Later on the Asst. General Manager of O.P. informed the complainant that site would be allotted at Penugonda Andrapradesh and not at Coconut Grove Banyan Tree Bangalore as it was assured at the time of membership. On 16-8-2008 complainant requested O.P. to refund membership fee. Again on 27-8-2008 complainant sent mail to customer care requesting refund. There is no response from O.P. On 14-8-2009 complainant was asked to fill up refund form. O.P. official informed the complainant that they have stopped refunding membership fee. Complainant ran pillar to post and suffered mental agony. Hence complainant felt deficiency in service. Under the circumstances he is advised to file this complaint for the necessary reliefs.
3. On appearance OP filed the version contending that the Hon’ble National Commission has stayed the order passed by II Addl. Consumer Forum Bangalore; Which had directed the O.P. hearin to refund the membership fee, who had made part payment. As per the terms of the membership application if members fail to deposit full membership fees, within 45 days from the date of allotment of membership O.P. can cancel the membership by forfeiting the membership fee paid by the complainant. It is further contended that no consideration has been collected for allotment of complimentary plot. The plots allotted under the cool scheme is complimentary gift and membership fee is collected for providing facility. O.P. admits payment of Rs.75,000/- and complainant is still due a sum of Rs.50,000/- to O.P. Complainant has been informed that as per terms and condition of membership complimentary plot would be allotted only on full payment of membership fees. As soon as complainant deposited full membership fee O.P. would register the plot at project 1, phase 7 Extn, Hindupura Road, Penugonda. All the plans and conversion obtained by O.P. & site is earmarked infavour of the complainant. Inspite of repeated requests complainant not deposited registration and maintenance charges. Since complainant not paid full membership fee question of allotting and registering complimentary plot does not arise. Among other grounds OP prayed for dismissal of the complaint.
4. In order to substantiate the complaint averments, complainant filed his affidavit evidence and produced membership card, receipts issued by OP, conformation letter, On behalf of OP Venktes Verma C. Asst. Administration Manager filed his affidavit evidence. O.P. has not produced any documents. Heard arguments from complainant side and taken as heard from OP side.
5. 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
entitledfor 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 outset it is not in dispute that the complainant became the member of the OP club. OP accepted his membership and issued membership card bearing No: COOL-VS-955. Complainant paid Rs.75,000/- to O.P. The receipt issued by O.P. acknowledging the receipt is produced. Now the main grievance of the complainant is though O.P. collected Rs.75,000/- in the year 2007 but failed to allott and register the complimentary site at Coconut Grove Banyan Tree and failed to provide the facilities offered.
8. Complainant with a sole intention of getting a complimentary site became the member of O.P. club and paid Rs.75,000/- towards membership fee. When complainant insisted for location and site visit at that time O.P. informed the complainant that site would be allotted at Penukonda Andra Pradesh. Hence complainant sought for refund of amount paid we have perused the offer letter dated:11/9/2007 issued by O.P. Wherein it is stated that 1 plot of 1633 Sq.ft. at country vedic spa at post Devanahalli-NH 7 offerred to the complainant. When O.P. offered plot at Penukonda Andra Pradesh instead of Devanahalli Bangalore; Complainant sought for refund of amount as per letter dt:21/10/2009 and requesting to refund. Inspite of repeated request O.P. failed to fulfill its promises and failed to allot the residential site. Both affidavit evidence and documentary evidence produced by the complainant support his case.
9. As against the case of complainant defence of the O.P. that since complainant is a defaulter in paying membership fee within 45 days from the date of allotment of membership; O.P. can cancel the membership by forfeiting the membership fee. The Hon’ble National Commission has stayed the order passed by IInd Addl. Consumer Forum; Which in similar case has directed O.P. to refund the membership fees, who have made part payment. O.P. has not produced the final order in Revision Petition No.1191/2010 and 1192/2010. Because the similar order has been stayed by the National Commission; it cannot be said that complainant is not entitled for refund of amount paid towards membership fee. Further it is contended by O.P. that since complainant has not deposit full membership fee question of issuing allotment letter in his favour does not arise at all. O.P. is ready to register complimentary plot at project 1, phase 7, Pungonda as soon as complainant deposit the full membership fee. O.P. has obtained the plans and conversation order. Though O.P. has sworn to the fact that it has produced the copy of sanction plan and conversion order; MOU but in fact O.P. has not produced any documents in support of its defence. Hence the defence of O.P. cannot be accepted.
10. Though OP has collected Rs.75,000/- on 30-1-2007 failed to issue allotment letter to the complainant as per offer letter made to the complainant. Initially O.P. promised to allot complimentary site at Coconut Grove Banyan Tree near Bangalore International Airport at the time of receiving amount, but Later on O.P. informed that the site would be allotted at Penugonda and not at Bangalore. Hence Complainant sought for refund of amount paid towards membership fee. Inspite of repeated request and mail correspondence O.P. failed to respond properly. Failure of O.P. in not allotting site at assured place amounts to deficiency in service. Failure of O.P. in not allotting and registering the complimentary site as promised and not refunding the amount; Since 3½ years amounts to deficiency in service on the part of the O.P. We are satisfied that complainant is able to prove deficiency in service on the part of O.P. Under these circumstances he is entitled for refund of Rs.75,000/-. along with interest 12% p.a. and cost. The relief of allotment and registration of site at Coconut Grove Banyan Tree Bangalore cannot be granted in the absence of proof of availability of vacant sites at the disposal of O.P. as on today. Hence Complainant is entitled for refund of membership fees, with interest at 12% p.a. and litigation cost. Accordingly we proceed to pass the following:
O R D E R
The complaint is allowed in part.
OP is directed to refund Rs.75,000/- together with interest at the rate of 12% p.a. from 30.01.2007 till realization along with litigation cost of Rs.1,000/- 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 25th day of June 2011.)
MEMBER MEMBER PRESIDENT
RK.
COMPLAINT FILED ON: 08.12.2010
DISPOSED ON: 25.06.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL
FORUM AT BANGALORE (URBAN)
25th JUNE 2011
PRESENT:- SRI.B.S.REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI.A.MUNIYAPPA MEMBER
COMPLAINT NOs. 2775/2010
COMPLAINT NO. COMPLAINANT OPPOSITE PARTY | Srinivasa Rao S.P. No.28/261, ‘Saptagiri Nilaya’, Kuvepu Nagar, Near Gopi Venkateshwara Layout, Arishinakunte(P.O.) Nelamangala- 562 123, Bangalore. Advocate: Mr.Manjunatha. V/s. Country Club (India) Limited, Represented by its Managing Director, Mr.Rajiv Reddy, No.675, 9th A Main, Indiranagar 1st Stage, Bangalore – 560 038. Also at: The Country Club, No.273, 1st Main Raod, Defence Colony, HAL 2nd Stage, Bangalore 560038. Advocate: M/s. Sathya & Co. |
O R D E R
SMT. M. YASHODHAMMA, MEMBER
This is a complaint filed u/s. 12 of the Consumer Protection Act of 1986 by the complainant, seeking direction to the Opposite Party (herein after called as O.P) to refund Rs.75,000/- paid towards membership fee or to allot residential site at Coconut Grove Banyan Tree at the same price and pay compensation of Rs. 1 lakh and cost on the allegation of deficiency in service.
2. The brief averments made in the complaint are as follows.
Complainant became member of O.P. Club on 30-6-2007 by paying sum of Rs.75,000/- O.P. has issued the receipt acknowledging the receipt of Rs.75,000/-. O.P. issued membership No.COOL-VS-955 to the complainant. O.P. offered allotment of complimentary residential site with a dimension of 1089 Sq.ft. at Coconut Grove Banyan tree near Bangalore International Airport. Many occasions complainant visited office of O.P. and enquired about the allotment and also wanted to have a site visit. Waited for hours together at the office of O.P. Later on the Asst. General Manager of O.P. informed the complainant that site would be allotted at Penugonda Andrapradesh and not at Coconut Grove Banyan Tree Bangalore as it was assured at the time of membership. On 16-8-2008 complainant requested O.P. to refund membership fee. Again on 27-8-2008 complainant sent mail to customer care requesting refund. There is no response from O.P. On 14-8-2009 complainant was asked to fill up refund form. O.P. official informed the complainant that they have stopped refunding membership fee. Complainant ran pillar to post and suffered mental agony. Hence complainant felt deficiency in service. Under the circumstances he is advised to file this complaint for the necessary reliefs.
3. On appearance OP filed the version contending that the Hon’ble National Commission has stayed the order passed by II Addl. Consumer Forum Bangalore; Which had directed the O.P. hearin to refund the membership fee, who had made part payment. As per the terms of the membership application if members fail to deposit full membership fees, within 45 days from the date of allotment of membership O.P. can cancel the membership by forfeiting the membership fee paid by the complainant. It is further contended that no consideration has been collected for allotment of complimentary plot. The plots allotted under the cool scheme is complimentary gift and membership fee is collected for providing facility. O.P. admits payment of Rs.75,000/- and complainant is still due a sum of Rs.50,000/- to O.P. Complainant has been informed that as per terms and condition of membership complimentary plot would be allotted only on full payment of membership fees. As soon as complainant deposited full membership fee O.P. would register the plot at project 1, phase 7 Extn, Hindupura Road, Penugonda. All the plans and conversion obtained by O.P. & site is earmarked infavour of the complainant. Inspite of repeated requests complainant not deposited registration and maintenance charges. Since complainant not paid full membership fee question of allotting and registering complimentary plot does not arise. Among other grounds OP prayed for dismissal of the complaint.
4. In order to substantiate the complaint averments, complainant filed his affidavit evidence and produced membership card, receipts issued by OP, conformation letter, On behalf of OP Venktes Verma C. Asst. Administration Manager filed his affidavit evidence. O.P. has not produced any documents. Heard arguments from complainant side and taken as heard from OP side.
5. 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
entitledfor 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 outset it is not in dispute that the complainant became the member of the OP club. OP accepted his membership and issued membership card bearing No: COOL-VS-955. Complainant paid Rs.75,000/- to O.P. The receipt issued by O.P. acknowledging the receipt is produced. Now the main grievance of the complainant is though O.P. collected Rs.75,000/- in the year 2007 but failed to allott and register the complimentary site at Coconut Grove Banyan Tree and failed to provide the facilities offered.
8. Complainant with a sole intention of getting a complimentary site became the member of O.P. club and paid Rs.75,000/- towards membership fee. When complainant insisted for location and site visit at that time O.P. informed the complainant that site would be allotted at Penukonda Andra Pradesh. Hence complainant sought for refund of amount paid we have perused the offer letter dated:11/9/2007 issued by O.P. Wherein it is stated that 1 plot of 1633 Sq.ft. at country vedic spa at post Devanahalli-NH 7 offerred to the complainant. When O.P. offered plot at Penukonda Andra Pradesh instead of Devanahalli Bangalore; Complainant sought for refund of amount as per letter dt:21/10/2009 and requesting to refund. Inspite of repeated request O.P. failed to fulfill its promises and failed to allot the residential site. Both affidavit evidence and documentary evidence produced by the complainant support his case.
9. As against the case of complainant defence of the O.P. that since complainant is a defaulter in paying membership fee within 45 days from the date of allotment of membership; O.P. can cancel the membership by forfeiting the membership fee. The Hon’ble National Commission has stayed the order passed by IInd Addl. Consumer Forum; Which in similar case has directed O.P. to refund the membership fees, who have made part payment. O.P. has not produced the final order in Revision Petition No.1191/2010 and 1192/2010. Because the similar order has been stayed by the National Commission; it cannot be said that complainant is not entitled for refund of amount paid towards membership fee. Further it is contended by O.P. that since complainant has not deposit full membership fee question of issuing allotment letter in his favour does not arise at all. O.P. is ready to register complimentary plot at project 1, phase 7, Pungonda as soon as complainant deposit the full membership fee. O.P. has obtained the plans and conversation order. Though O.P. has sworn to the fact that it has produced the copy of sanction plan and conversion order; MOU but in fact O.P. has not produced any documents in support of its defence. Hence the defence of O.P. cannot be accepted.
10. Though OP has collected Rs.75,000/- on 30-1-2007 failed to issue allotment letter to the complainant as per offer letter made to the complainant. Initially O.P. promised to allot complimentary site at Coconut Grove Banyan Tree near Bangalore International Airport at the time of receiving amount, but Later on O.P. informed that the site would be allotted at Penugonda and not at Bangalore. Hence Complainant sought for refund of amount paid towards membership fee. Inspite of repeated request and mail correspondence O.P. failed to respond properly. Failure of O.P. in not allotting site at assured place amounts to deficiency in service. Failure of O.P. in not allotting and registering the complimentary site as promised and not refunding the amount; Since 3½ years amounts to deficiency in service on the part of the O.P. We are satisfied that complainant is able to prove deficiency in service on the part of O.P. Under these circumstances he is entitled for refund of Rs.75,000/-. along with interest 12% p.a. and cost. The relief of allotment and registration of site at Coconut Grove Banyan Tree Bangalore cannot be granted in the absence of proof of availability of vacant sites at the disposal of O.P. as on today. Hence Complainant is entitled for refund of membership fees, with interest at 12% p.a. and litigation cost. Accordingly we proceed to pass the following:
O R D E R
The complaint is allowed in part.
OP is directed to refund Rs.75,000/- together with interest at the rate of 12% p.a. from 30.01.2007 till realization along with litigation cost of Rs.1,000/- 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 25th day of June 2011.)
MEMBER MEMBER PRESIDENT
RK.
