Complaint filed on: 14-10-2010
Disposed on: 28-02-2011
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.2370/2010
DATED THIS THE 28th FEBRUARY 2011
PRESENT
SRI.D.KRISHNAPPA., PRESIDENT
SRI.GANGANARASAIAH, MEMBER
SMT.ANITA SHIVAKUMAR.K., MEMBER
Complainant: -
B.M.Suresh, age: 40 years,
Occ: Employee, # 12/6,
II floor, Near Navatha Transport,
5-phase, Yalahanka New Town,
Bangalore -06
V/s
Opposite party: -
Country Club (India) Limited,
# 675, 9th A Main, Old Syndicate
Bank Road, Indira Nagar, 1st Stage,
Bangalore -38
Rep. Managing Director
O R D E R
SMT.ANITA SHIVAKUMAR.K., MEMBER.
The grievance of the complainant against the Op in brief is that the representative of Op club who is offering some hospitality services to mobilize the customers along with incentives such as allotment of site, tour packages, etc. Believing the assurances of Op representative regarding site, the complainant initially became a member of the country vacation which is division of the Op club by paying Rs.10,000/- on 10/6/2009 as offered by them. The country vacation has issued receipt bearing no.8132 and the membership no: KOOL 5462. Op representative assured to transfer the membership amount of Rs.10,000/- to country club for availing other benefits. The complainant also paid Rs.90,000/- on 12/6/2009 and Rs.45,000/- on 14/7/2009 to the Op club and Op has issued receipt for the payments. Though OP has received total consideration of Rs.1,45,000/- from the complainant , had failed to issue a permanent membership card, without which the complainant cannot avail any service from the Op. On repeated demands and protest against Op regarding sites, Country condos is another division of Op club has issued allotment letter dated 26/8/2009 and27/8/2009 allotting site no.1116 and no.1115 measuring 1089 sq.ft each in phase-E and also intimated to pay the registration charges to get those two sites in his favour. Accordingly, within the stipulated period the complainant had paid Rs. 15,000/- by way of cash on 12/9/2009 and Rs.20,000/- by way of cheque on 12/10/2009 towards registration fees. After several visits also Op did not register the sites. The complainant had issued a notice dated 22/6/2010 calling upon to refund his money with compensation. Despite it was served on him, Op neither replied nor registered the sites. The complainant issued one more notice through District Consumer Information Centre dated 3/8/2010, though it was served, Op did not reply to that. Hence he approached this forum seeking direction to refund Rs.1,80,000/- with 15% interest p.a, Rs.1,00,000 for compensation and other reliefs.
2. Notice sent to Op was served and Op appeared through his counsel contending that the complainant is not maintainable. But admitted that the complainant has become a member of OP club and has admitted the receipt of membership amount of Rs.1,35,000/- instead of total consideration amount of Rs.1,45,000/- and the complainant is still due for Rs 10,000/- to Op . Op contended that Rs.10,000/- is received by the country vacation which is being a separate entity, the same is still due to Op. Op also denied the receipt of Rs. 15,000/- and Rs.20,000/- paid towards registration fees as according to allotment letter issued by the country condos to get the sites registered. Despite request to deposit the registration charges, complainant has not paid it. 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 along with the complaint has produced the copy of receipts, the copy of allotment letters dated 26/8/2008 and 27/8/2008,copy of notice dated 22/6/2010, copy of notice issued through the District Consumer Information Centre, copy of acknowledgements. 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 registering the
sites and not providing the facilities 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.10,000/- to country vacation on 10/6/2009,receipt is issued for the same. Later payments are paid to country club which has issued receipt for Rs. !5,000/- and Rs.75,000/- on 12/6/2009 and Rs.45,000/- dated 14/7/2009 for Mr.Kool life membership which is not in dispute. Here the dispute regarding the non issuance of permanent membership card and not registering the sites though total consideration is paid including the registration charges on 12/10/2009 itself. Op had issued a temporary identity card to the complainant on 20/6/2009 which is valid for only 45 days from the date of issue. Despite several requests made by the complainant for issue of permanent membership card, Op did not oblige even after receipt of full amount. The allotment letters dated 26/8/2009 and 27/8/2009 intimated him regarding the site no.1115and 1116 measuring 1089 sq.ft each are allotted in favour of the complainant , when the complainant hoping to get the sites registered ,he paid Rs.15,000 and Rs.20,000/- towards registration charges also on 12/9/2009 and 12/10/2009 respectively. Inspite of that Op did not come forward to get those sites registered in the name of the complainant. Op contended that the complainant is due for the sum of Rs.10,000/- which is paid to country vacation initially is not accountable to Op’s account since country vacation is been having different entity. As we peruse the documents Rs.10,000/- is paid by the complainant and receipt has been issued by the country vacation which is a division of the country club who are all involved to promote the business together with same object. Therefore the payment of Rs.10,000/- cannot be denied ,it is credited in the name of complainant paid to fulfill the cost fixed by the Op. In our view he had paid Rs.1,45,000/- towards the membership as fixed by the Op.
7. There is no reason assigned by the Op for non issuance of permanent membership card to the complainant which is essential document to prove himself as a member to avail the services of the Op. Without that he can not enter the premises of Op club and utilize Op’s services. Despite the receipt of full amount, Op could have issue the permanent card whether he utilizes or not. The complainant has deprived by the facilities and services as promised by the Op since full payment made on 14/7/2009 itself.
8. After repeated requests of the complainant, Country condos, another division of Op club has issued allotment letters for two sites No.1115 and 1116 and intimated to pay the charges for registration. With eager hopes complainant had paid Rs. 35,000/- in total towards sites registration, expecting to get them registered. But Op neither registered the sites nor replied to the notices issued by the complainant till he approaches to the forum. Op submitting that he is ready to register the site as promised at the time of getting membership. But the complainant is frustrated with the attitudes of the Op, not interested to continue his relation with Op.
9. Op has not furnished any documents to prove his genuiness to register the sites in favour of the complainant. In this way it is found that the Op has misrepresenting in offering such type of free plots to attract the people to become their members by paying heavy amount. Similarly the offers made in this case also exhibit uncertainty. It is found that the complainant became a member on 14/7/2009 by paying full amount. He has repeatedly stated the despite approaching the Op they did not issued a card and register the plots as promised.
10. If we carefully look at this offer, the offer in our view appears to be an uncertain. We find that there is nothing wrong in this complainants asking for the relief of refund of membership fee because of non allotment of site and non issuance of permanent card. Due to lack sincerity on the Op that we find there is no genuinity even Op would have allotted the site.
11. In this complainant, though the complainant had paid full amount, Op did not issue the card which is supposed to issue immediately after the receipt of full amount. Without which complainant might have faced many embrassing situation even he can not enter the premises to enquire about the progress. All divisions are involved to promote the business in different names and offered the same complimentary sites if he get a membership. Here, in this case, Country vacation called and offered, later payments received by the Op, country condos issued allotment letter to the complainant. If we observe these all transactions, unnecessarily public will be put into the trouble. Offer by one, receiving amount by another and reply given by another division, though they are all one or the same. At the time of dispute, they shift the burdens on another which is unfair, and mainly to cheat the public in large by attracting by beautiful offers. Therefore, we are in view that Op is indulging in unfair practice, to curb such attitude of the Op, Op has to compensate for that.
12. Op has not produced any material documents to prove that the complainant has utilized atleast part of the facilities and club services Op has neither register the site as assured nor refunded his amount though complainant requested. Op has not exhibited their interest in keeping their promises. Therefore, the complainant after getting himself dis-satisfied with the attitudes of Op and inaction and deficiency in the service of OP if opted for refund of money, it cannot be denied. The Op 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
Complaint is allowed.
Op is directed to refund Rs. 1,80,000/- to the complainant and shall also pay damages of Rs.50,000/- towards mental agony, hardship and harassment caused to him and that OP shall pay those amounts within 45 days from the date of this order, failing which, he shall pay interest on those amounts at 10% per annum from the date of this order till the date of payment.
OP shall pay punitive damages of Rs.20,000/- within 45 days from the date of this order and out of which Rs.10,000/- be paid to the complainant and the balance amount shall be remitted to the legal aid account of this forum.
In the event, OP not paying that amount within stipulated period, he shall pay interest at 10% per annum on that amount from the date of this order till the date of payment.
OP shall pay cost of Rs.1,000/- to the complainant.
Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 28th February 2011.
Member Member President
