Andhra Pradesh

Visakhapatnam-II

CC/140/2014

Vissa Venkateswara Rao - Complainant(s)

Versus

Country Club India Limited - Opp.Party(s)

K. C.H. Rama Krishna

13 Jul 2015

ORDER

                                              Date of Registration of the Complaint:02-06-2014 

                                                                                                Date of Order:13-07-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                                VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao, M.A., B.L.,

                                     Male Member

 

                              Monday, the 13^th day of July, 2015.

                             CONSUMER CASE No.140/2014

Between:-

1.Vissa Venkateswara Rao, S/o Anjayya,

   Hindu, aged 39 years, R/o Flat No.FF-3,

   I floor, D. No. 45-56-3, Anantharama

   Residency, Narasimhanagar, Visakhapatnam.

 2.Vissa Rama Kumari, W/o Vissa Venkateswara Rao,

   Hindu, aged 33 years, R/o Flat No. FF-3, I Floor,

   D. No. 45-56-3, Anantharama Residency,

   Narasimhanagar, Visakhapatnam.

                                                                                         ….. Complainants

And:-

1.The Managing Director, Country Club

   India Limited, # 6-3-1219, Begumpet,

   Hyderabad-500016.

2.The Manager, Country Vacations International

   Holiday Club, (A Division of  Country Club (I) Ltd.),

   Plot No.4, D. No. 50-81-1, Rajendra Nagar,

   Adjacent to B.V. K. College, Visakhapatnam.

                                                                                          …  Opposite Parties

                     

This case coming on 01.07.2015 for final hearing before us in the presence of Sri K. Ch. Rama Krishna & Sri T. Partha Saradhi, Advocates for the Complainants and  Sri Sontyana Mohan Rao, Advocate for the Opposite Party and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

        (As per Smt. K. Saroja Honourable Lady Member on behalf of the Bench)

 

1.       The case of the Complainants in brief is that the Complainants are joined as members in the Country Vacations International Holiday Club, which is a Division of Country Club India Limited.   The Complainants have subscribed for membership in Country Vacations International Holiday Club vide contact No.DT-65/0119 by paying a sum of Rs.92,000/- on 21.12.2008 to the Opposite Parties and the Opposite Parties company have duly acknowledged the receipt of said amount.   Purchase Agreement was executed between the Complainants and the Opposite Parties.   The Complainants had tried to avail the benefits under the scheme but the Opposite Parties’ officials have categorically stated that Clubs, resorts and hotels are not ready as such family usage of Taasha gym cannot be provided.   Even after receipt of entire membership amount, the Opposite Parties company failed to provide the facilities as promised in their contract.  Then the Complainants issued a legal notice dated 6.3.2014 requesting them to refund of Rs.92,000/-.    Legal notice was received by the Opposite Parties, and issued a reply notice dated 01.04.2014 denying all the allegations made by the Complainant.   Hence, this Complaint.

2.       a) To refund the membership sum of Rs.92,000/- (Rupees Ninety two thousand only) which was received by the Opposite Parties together with accrued interest thereon at the rate of 18% p.a. from the date of its receipt i.e., 21.12.2008.

          b) For an amount of Rs.1,00,000/- (Rupees One lakh only) towards compensation for mental agony, pain and suffering;

          c) For the costs of the complaint and

d) For such other relief or reliefs as the Forum may deem fit and proper in the circumstances of the case.

         

3.       The 2^nd Opposite Party filed a counter and adoption memo filed by the 1^st Opposite Party.

 

4.       The Opposite Parties strongly resisted the claim of the Complainants by contending, as can be seen from their counter.    The Opposite Parties simply denied all the allegations made by the Complainants.

 

5.       At the time of enquiry, both parties filed affidavits as well as written arguments to support their contentions.   Exs.A1 to A3 and are marked for the Complainants.   No documents were marked for the Opposite Parties.    Heard both sides.

 

6.       Ex.A1 is the original Purchase Agreement between the Complainant and the Opposite Parties dated 21.12.2008.   Ex.A2 is the office copy of Registered Legal Notice addressed by the Complainants’ counsel to the Opposite Parties dated 06.03.2014.   Ex.A3 is the office copy of Registered Lawyer’s Notice addressed by the Opposite Parties’ counsel to the Complainant dated 01.04.2014.

 

 

7.       The fact shown from Ex.A1 reveals that the Complainants and the Opposite Parties entered into membership agreement dated 21.12.2008 for 5 years.   Purchase price of Rs.87,000/- and administration fee Rs.5,000/- total purchases price Rs.92,000/- was paid by the Complainants to the Opposite Parties.

 

8.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Parties.   Whether the Complainant is entitled to any reliefs asked for?

 

9.         After careful perusal of the case record, this Forum finds that the Complainants joined as members under the scheme of the Opposite Parties to avail services of club, resorts of hotels for family usage of Taasha gym for a period of 5 years according to Ex.A1.   But the Opposite Parties did not provide the above said facilities to the Complainants at any time.   Though the Opposite Parties received an amount of Rs.92,000/- towards membership in their country club on 21.12.2008 but they failed to provide any facilities under the scheme to the Complainants till today i.e., date of filing of this complaint.    It amounts to deficiency in service coupled with unfair trade practice on the part of the Opposite Parties.   Hence, the Complainants are entitled to Rs.92,000/- with interest, some compensation and costs too.

 

10.     In the result, this complaint is allowed directing the Opposite Parties 1 and 2:  a) to pay an amount of Rs.92,000/- (Rupees Ninety two thousand only) with interest @ 9% p.a. from 21.12.2008 to till the date of actual realization, b) a compensation of Rs.10,000/- (Rupees Ten thousand only) and c) Costs of Rs.2,500/- (Rupees two thousand and five hundred only) o the Complainants.   Time for compliance, one month from the date of this order.

 

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 13^th day of July, 2015.        

             

Sd/-                                      Sd/-                                        Sd/-

President                              Male Member                      Lady Member

                                     

 

APPENDIX OF EVIDENCE

For the Complainants:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	21.12.2008	Purchase Agreement between the Complainant and the OPs	Original
Ex.A02	06.03.20144	Registered Legal Notice addressed by the Complainants’ counsel to the Ops	Office copy
Ex.A03	01.04.2014	Registered Lawyer’s Notice addressed by the Ops’ counsel to the Complainants	Office copy

For the Opposite Parties:-            

                                                -Nil-   

 

Sd/-                                   Sd/-                                              Sd/-

President                          Male Member                                Lady Member