COMPLAINT FILED: 17.11.2009 <br /> DISPOSED ON: 30.08.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 30TH AUGUST 2010<br /> <br /> PRESENT:- SRI. B.S. REDDY PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER<br /> SRI. A. MUNIYAPPA MEMBER <br /> COMPLAINT No.2686/2009<br /> <br /> COMPLAINANT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> OPPOSITE PARTY<br /> <br /> <br /> <br /> <br /> Sri. Raghavendra,<br /> S/o Sri. Balakrishna,<br /> Aged about 32 years,<br /> R/at No.1360, 50th Main,<br /> 15th Cross,<br /> Kumarswamy Layout,<br /> Near Water Tank,<br /> Bangalore – 560 078.<br /> <br /> Advocate: Sri. V.S. Narayana<br /> <br /> V/s.<br /> <br /> Country Club (India) Limited,<br /> # 675, 9th ‘A’ Main,<br /> Indiranagar 1st Stage,<br /> Bangalore – 560 038.<br /> <br /> Rep: by its Managing Director.<br /> <br /> Advocate: Sri. S. Harish<br /> <br /> O R D E R<br /> <br /> SRI. B.S.REDDY, PRESIDENT<br /> <br /> The complainant filed this complaint U/s 12 of the C.P. Act, 1986 seeking direction against Opposite Party (herein after called as O.P) to refund the membership amount of Rs.1,25,000/- with interest at 24% p.a. and to pay compensation of Rs.25,000/- on an allegations of deficiency in service on the part of the OP. <br /> <br /> 2. The complainant being lured by OPs advertisement became member of “Mr. Kool Life Membership” by paying sum of Rs.1,25,000/- on 29.12.2007. On 29.01.2008 OP issued a letter of allotment in allotting the site under MGM scheme at Coconut Groove, Tumkur. OP issued another letter dated 31.01.08 allotting site at Vedic Country Spa Project II Kool Phase E – Site No.314 and demanded Rs.15,000/-. At the time of availing the membership OP promised within a month site will be allotted without demanding any further payment. At the time of collecting the membership fee OP has not disclosed the additional charges. Even after one and half years OP failed and neglected to allot a site and caused deficiency of service. OP at the earlier point time had promised to allot the site at Tumkur, now changed its stand allotting site at Penukonda, Andhra Pradesh. The complainant is not interested to take site at Penukonda. OP caused mental agony and torture; the complainant is not interested in continuing the membership. The complainant got issued legal notice dated 08.08.2009 and sought for refund of the entire amount paid towards membership fee with interest at 24% p.a. besides compensation of Rs.25,000/-. OP replied the notice refused to refund the amount on untenable contentions. Hence the complaint. <br /> <br /> 3. On appearance, OP filed the version contending that the non registration of the complimentary plot is due to the fault of the complainant himself as he failed to deposit the registration and maintenance charges and due to the same that could not complete the formality of registration. The membership fee paid is non refundable. There is no deficiency of service on the part of the OP. The complainant has visited OP’s various clubs and resorts and has been enjoying its facilities and amenities provided to its members. It is admitted that the complainant has paid sum of Rs.1,25,000/- towards membership fee. It is denied that OP had allotted a plot under MGM scheme in favour of the complainant vide allotment letter dated 29.01.2008. It is stated that only one complimentary site bearing No.314, Vedic Spa at Phase E Project II Kool located at Penukonda has been allotted to the complainant. The payment as regard the registration charges and maintenance charges have been clearly informed the complainant at the time of becoming a member. It is denied that OP promised the allotment of site without demanding any further payment. It is also denied that OP promised to allot site at Tumkur. Penukonda is adjoining to Karnataka border and it is less than 100 kms from Bangalore and 60 kms from International Airport and it is not located in any interior part of Andhra Pradesh. It is denied that the OP has caused mental agony and torture to the complainant, OP is not liable to refund the amount and pay any compensation as there is no deficiency in service on its part. Hence it is prayed to dismiss the complaint with exemplary costs. <br /> <br /> 4. In order to substantiate the complaint averments, the complainant filed affidavit evidence. The Senior Manager Customer Care of the OP filed affidavit evidence. <br /> <br /> 5. Arguments on complainant site heard, OP side taken as heard. Points for consideration are:<br /> <br /> Point No.1:- Whether the complainant proved the <br /> deficiency in service on the part of <br /> the OP?<br /> Point No.2:- If so, Whether the complainant is <br /> entitled for the reliefs now claimed?<br /> <br /> Point No.3:- To what Order?<br /> <br /> 6. We record our findings on the above points are: <br /> <br /> Point No.1:- 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 complainant became member of OP club under the scheme Mr. Kool Life Membership by paying sum of Rs.1,25,000/- on 29.12.2007. The complainant claims that at the time of availing the membership, OP promised to allot a site at Tumkur without demanding any further payment and even after one and half years OP failed to allot site, as such there is deficiency in service on the part of the OP. Further the case of the complainant is though OP assured to allot the site at Tumkur, but now changed its stand allotting site at Penukonda, Andhra Pradesh, the complainant is not interested to take site at Penukonda. <br /> <br /> 8. From the defence version it becomes clear that OP has denied the allotment of site under MGM scheme at Coconut Groove Tumkur under a letter dated 29.01.2008. OP is admitting the fact of issuing allotment letter dated 31.01.2008 allotting site at Vedic Country Spa Project II Kool Phase – E site No.314. From the affidavit evidence and complaint averments it becomes clear that at the time of collecting membership fee OP assured to allot site at Tumkur, but now the site allotted is situated at Penukonda, Andhra Pradesh for which the complainant is not interested. The complainant has produced the allotment letter dated 29.01.2008 wherein it is stated that OP has allotted free complimentary plot; under MGM scheme; the complainant will be allotted one site at Coconut Groove Tumkur, the site numbers are shown as 410 and 433 respectively. From this letter it becomes clear that OP has allotted complimentary plot at Tumkur and promised to allot another plot under MGM scheme at Coconut Groove Tumkur. In the reply notice OP has not denied the fact of issue of allotment letter dated 29.01.2008 being sent to the complainant, but for the first time in the version OP has come up with a defence that this allotment letter is not issued by it. We have perused that allotment letter; the same is singed by Manager Marketing the seal of OP has been put on the same. It is difficult to accept that the said allotment letter is created by the complainant. In the legal notice dated 08.08.2009 complainant has clearly stated about the fact of the allotment letter issued by OP regarding sites allotted at Coconut Groove Tumkur. In the reply notice OP has not at all denied the said letter being issued. As OP is not accepting to allot site at Coconut Groove Tumkur, in view of the same OP failed to full fill its obligation, as such the same amounts to deficiency in service and unfair trade practice on the part of the OP. <br /> <br /> 9. The main defence of OP is as per the allotment letter dated 31.01.2008 site has been allotted at Vedic Country Spa Project, Penukonda, but complainant has not paid the registration charges, stamp duty and other miscellaneous charges as such there is no deficiency in service on the part of the OP. OP is prepared to execute the deed after payment of charges towards registration and stamp duty. In our view complainant is not interested the site allotted at Penukonda, Andhra Pradesh, OP assured to allot the site at Coconut Groove, Tumkur; while admitting the complainant as member and receiving the membership fee. Under these circumstances the complainant cannot be forced to pay the registration charges to take the site situated at Penukonda. There is no merit in the contention that the membership fee paid is non refundable and complainant is not a consumer as the complimentary plot to be allotted is without any consideration. In our view the complainant became member of OP club only on the assurance of OP that a site will be allotted at Tumkur. Under these circumstances we are view that the complainant is entitled for refund of the amount paid with interest at 9% p.a. along with litigation cost. Accordingly we proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint filed by the complainant is allowed in part. OP is directed to refund an amount of Rs.1,25,000/- with interest at 9% p.a. from January – 2008 till the date of realization with litigation cost of Rs.2,000/- to the complainant. <br /> <br /> This order is to be complied within four weeks from the date of this order.<br /> <br /> Send the copy of this order to both the parties free of cost.<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 30th day of August 2010.) <br /> <br /> <br /> PRESIDENT<br /> <br /> MEMBER MEMBER <br /> <br /> Snm: <br />