COMPLAINT FILED: 27.08.2009<br /> DISPOSED ON: 22.01.2010 <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 22nd JANUARY 2010<br /> <br /> PRESENT :- SRI. B.S. REDDY PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER<br /> SRI. A. MUNIYAPPA MEMBER <br /> <br /> COMPLAINT Nos.2077 & 2078/2009<br /> <br /> <br /> COMPLAINT NO.2077/09<br /> COMPLAINANT<br /> <br /> <br /> <br /> <br /> <br /> <br /> COMPLAINT NO.2078/09<br /> COMPLAINANT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> OPPOSITE PARTIES<br /> Nirmala,<br /> Aged about 50 years,<br /> W/o Sri. M J Edwin Joseph,<br /> R/at No.56, Vallabhanagar,<br /> 4th Cross, Subramanyapura Post,<br /> Bangalore – 560 061.<br /> <br /> <br /> Vivian Michael,<br /> Aged about 23 years,<br /> S/o Sri M J Edwin Joseph,<br /> R/at No.56, Vallabhanagar,<br /> 4th Cross, Subramanyapura Post,<br /> Bangalore – 560 061.<br /> <br /> Advocate: Sri. N.Vageesh <br /> <br /> <br /> V/s.<br /> <br /> <br /> 1. Country Club (India) Limited,<br /> No.675, <br /> Old Syndicate Bank Road,<br /> 1st Stage, Indiranagar,<br /> Bangalore – 560 038.<br /> <br /> 2. The Managing Director,<br /> Country Club (India) Limited,<br /> No.675, <br /> Old Syndicate Bank Road,<br /> 1st Stage, Indiranagar,<br /> Bangalore – 560 038.<br /> <br /> 3. Amrutha Estates,<br /> (Division of Country Club) <br /> Having its branch office at<br /> No.478, “Maha Padma”,<br /> 1st Main, 1st Stage, <br /> Indiranagar,<br /> Bangalore – 560 038.<br /> <br /> Advocate: Sri. S.Harish <br /> <br /> O R D E R<br /> <br /> The complainants filed these complaints U/s. 12 of the Consumer Protection Act of 1986, seeking direction against Opposite Parties (herein after called as O.Ps) to refund the amounts paid towards membership fees of the OP-1 club with interest at 24% p.a. and for compensation of Rs.2,00,000/- for mental agony on the allegations of deficiency in service on the part of the OPs. <br /> <br /> 2. As the OPs in the both these complaints are common, the questions involved and reliefs claimed by the complainants is similar, in order to avoid the repetition of facts and multiciplity of reasonings, both these complaints are disposed of by this common order.<br /> <br /> 3. The case of the complainants to be stated in brief is that they being attracted with the offers made by the representatives of the OPs, thought of becoming the members of the OP-1 club under various schemes. OP-1 accepted their membership and collected total amount of Rs.1,25,000/- from each; on different dates towards membership fee. OP-1 promised to allot a site near Tumkur, if the complainants become the members of OP-1 club. The complainants being carried away with that assurance of allotment of sites paid the amounts and became the members. OPs issued the pamphlets stating that the complainants are allotted sites bearing No.925, 927 and 928 situated at Coconut Grove Vedic Country Spa, but the said letter of allotment was given by OP-3. The representatives of OP-1 stated that OP-3 is the sister concern of OP-1. The complainants enquired about the location of the sites and other details. Then they came to know that the sites are situated at Anantapur of Andhra Pradesh and the process of getting sanctions from the competent authorities and taking possession from the land owner would take about three years. Then the complainants got issued legal notices to refund the amount paid; the OPs inspite of repeated requests and demands failed to comply the demand for refund of the amounts. Thus the complainants felt deficiency in service on the part of the OPs and filed these complaints.<br /> <br /> 4. On appearance, OP-1 filed the version admitting that the complainants have become the members of OP-1 club for having paid each Rs.1,25,000/- in installments. The main contention is that the amount paid by the complainants is towards membership fee, the same is not refundable; the sites allotted are complementary sites. The complainants became the members to avail the amenities provided in the OP-1 club. The sites No.927 & 928 were allotted to the complainant in complaint No.2077/09 and site No.925 was allotted to complainant in complaint No.2078/09. The complainants failed to deposit the registration charges within the stipulated time; as such the sites could not be registered. The lands have been acquired by the OP-3 and the registration process in accordance of the sites allotted are completed in favour of members of OP-1. It is admitted that the legal notices got issued by the complainants are received; but orally the complainants were informed that the membership fee being non refundable; the question of refunding does not arise. There is no deficiency in service on the part of the OPs. The OPs have allotted the complementary sites and discharged their part of obligation; only formality of registration has not been completed as complainants failed to deposit registration and other charges. Hence it is prayed to dismiss the complaints with exemplary costs. <br /> <br /> 5. In order to substantiate the complaint averments, each one of these complainants filed their affidavit evidence and produced documents. The General Manager of OP-1 filed affidavit evidence and produced some documents. OP-1 filed written arguments, heard the arguments on both sides. <br /> <br /> 6. In view of the above said facts, the points now that arise for our consideration in these complaints are as under:<br /> <br /> Point No.1:- Whether the complainants have proved <br /> the deficiency in service on the part of<br /> the OPs?<br /> <br /> Point No.2:- If so, whether the complainants are <br /> entitled for the relief now claimed?<br /> <br /> Point No.3:- To what Order?<br /> <br /> 7. We have gone through the pleadings of the parties, both affidavit and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> Point No.1:- In Affirmative. <br /> Point No.2:- Affirmative in part. <br /> Point No.3:- As per final Order.<br /> <br /> R E A S O N S<br /> <br /> 7. At the outset it is not at dispute that the complainants became the members of the OP-1 club and paid each an amount of Rs.1,25,000/- in installments towards membership fee. OP-1 accepted the membership. The complainants have produced the receipts evidencing the fact of payment of these amounts to OP-1. Now the main grievances of these complainants is that though OPs collected the membership fees, but failed to keep up their promise to allot and register the sites in their favour as promised. <br /> <br /> 8. It is contended for the complainants that the complaints with a sole intention of getting the complimentary sites paid the amounts and became the members of OP-1 club. The allotment letters of the sites are issued by OP-3, but the sites are not identified and later OPs informed that, the new sites are formed near Tumkur and Hindupur. It is contended that there is no any valid documents for having acquired any land and lay out plan being approved for having formed the sites. For the legal notice claiming for refund of the amount OPs have not replied and the amounts paid towards membership fee not refunded. <br /> <br /> 9. The learned counsel for the OPs contended that OP-3 has acquired the land and formed the layouts and sites are already allotted in favour of these complainants, but the complainants failed to deposit the registration charges within the stipulated period; on account of the same, registration has not been completed. The amount paid by these complainants is towards club membership, but not for allotment of sites. The membership fee is non-refundable. The sites are already allotted to these complainants only because of non-depositing the registration fee; the sites could not be registered. Thus it is contended that there is no deficiency in service on the part of the OPs. <br /> <br /> 10. In our view though it is shown that the sites proposed to be allotted are by way of complimentary for becoming members, but the complainants were carried away by that promise of allotment of sites and became the members. OPs have not produced any valid documents to substantiate their defence regarding OP-3 having acquired the lands and having formed the layouts approved by a statutory authority. Without producing any documents; it is difficult to accept that OPs were ready to register the sites, but the complainants have failed to deposit the registration fee. Even the proposed layouts are stated to have been formed near Hindupur; the complainants were given impression that the sites could be allotted near about Tumkur. Under these circumstances inspite of receipt of the legal notice, failure on the part of OPs to refund the amount received towards membership fee of OP-1 club amounts to deficiency in service. The complainants are entitled for the relief for refund of the amount paid towards membership fee with interest at 9% p.a. The complainants have availed the club facilities; hence they are not entitled for compensation. Accordingly we proceed to pass the following: <br /> <br /> <br /> <br /> O R D E R<br /> <br /> The complaints are allowed in part.<br /> <br /> OP-1 and 2 are directed to refund an amount of Rs.1,25,000/- with interest at 9% p.a. from the respective dates of receipt of the amounts from the complainants, till realization along with litigation cost of Rs.1,000/- to each of these complainants. This order is to be complied within four weeks from the date of its communication.<br /> <br /> Send the copy of this order to both the parties free of cost.<br /> <br /> This original order shall be kept in the file of the complaint No.2077/2009 and a copy of it shall be placed in complaint No.2078/2009.<br /> <br /> (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 22nd day of January 2010.) <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> Snm: <br />