BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II, U.T. CHANDIGARH

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Complt. Case No :   383 of 2010

Date of Institution:    09.06.2010

Date of Decision  :    14.10.2010

Bani Doabia wife of Mr.Manpreet Singh Doabia, H.No.38, Sector 9-A, Chandigarh.

……Complainant

V E R S U S

1]          Country Club India Ltd., through Mr.Y.Rajeen Reddy, CMD 25 Community Centre, Upper Ground Floor, East of Kailash, New Delhi 110 065

2]          Mr.Shaukat Ali Khan, Manager Sales, Country Club India Ltd., 25 Community Centre, Upper Ground Floor, East of Kailash, New Delhi 110 065

3]          Mr.Lavya Kumar, General Manager, Customer Care Country Club India Ltd., 25 Community Centre, Upper Ground Floor, East of Kailash, new Delhi. 110 065

  .…..Opposite Parties

CORAM:          SH.LAKSHMAN SHARMA                         PRESIDENT

                    SH.ASHOK RAJ BHANDARI            MEMBER

MRS.MADHU MUTNEJA                        MEMBER

PRESENT:     Sh.Manpreet Singh Doabia, Adv. for the complainant. OPs exparte.

PER MADHU MUTNEJA, MEMBER

                The instant complaint has been filed by Bani Doabia, under Section 11 & 12 of the Consumer Protection Act, 1986 against Country Club India Limited & Ors.

1]             The facts of the case are as under:-

                The complainant had taken a Membership from the OPs vide No.CGP-5788N in April, 2008 on payment of Rs.2,65,000/-.  Details of the payments have been placed as annexures to the complaint. The complainant has alleged that the OPs has assured her that she would be allotted 3 plots in Holiday Village Kolad, Mumbai against the above mentioned Membership by the OPs.  Allotment letters to this effect received by the complainant from the OPs have been placed at Ann.C-2.  The complainant was also assured that she would be given RCI Membership details within 45 days of her application.  Certain incentives like free holiday air tickets had also been promised to her by the OPs.

                When neither the allocation of plots nor any of the incentives were forthcoming from the OPs, the complainant sent a legal notice to the OPs on 22.7.2008 requesting for refund of the amount.  A second notice seeking refund was again sent on 6.2.2009.  However, unfortunately the OPs have still not complied with their commitment or even refunded the amount paid by her to them.  The complainant has thus filed the instant complaint seeking redressal of her grievance. 

2]             After admission of the complaint, notices were sent to the OPs.

                The OPs were duly served, but on the next date of hearing i.e. 15.7.2010 neither any of the OPs appeared in person nor any authorized agents appeared on their behalf. Therefore, all OPs were proceeded exparte on that date.

3]             We have heard the ld.Counsel for the complainant and have also perused the evidence and documents placed on record by the complainant.

4]             At the time of arguments, the ld.Counsel for the complainant wished to emphasis that the complainant had paid the amount of Rs.2,65,000/- on the share of the OPs only because the offer of allotment of three plots in Holiday Village Kolad, Mumbai seemed very attractive to her.  The non-compliance of the promise by the OPs towards the allotment of plots as well as other benefits offered along with, has left the complainant with no alternative except to file this complaint. 

5]             The OPs have not been able to provide the plots to the complainant as promised is apparent and their unwillingness and inability to provide the plots as promised seems more obvious since none appeared from their side to contest this case before the Forum.

6]             In view of the above, we deem it appropriate to allow this complaint and direct the OPs to refund the amount paid to them by the complainant against the plots at the time of issue of membership. This complaint is therefore allowed with directions to the OPs as under:-

i)         All OPs will jointly & severally refund the amount of Rs.2,65,000/- paid to them by the complainant vide Membership No.CGP-578N in April, 2008 along with interest @9% per annum since 1.4.2008 till the date of actual payment.

ii)        OPs will also pay Rs.25,000/- as compensation to the complainant for deficiency in service and unfair trade practice.

iii)       OPs will also pay Rs.5000/- to the complainant as cost of litigation.

                The aforesaid amount be paid by the OPs within 45 days from the date of receipt of certified copy of this order, failing which the OPs shall pay the aforesaid decretal amount of Rs.2,90,000/- along with interest @12% per annum from the date of filing this complaint i.e. 9.6.2010 till the actual payment to the complainant, besides paying litigation cost of Rs.5,000/-.

7]             Certified copies of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

14^th Oct., 2010                                                            Sd/-

(LAKSHMAN SHARMA)

PRESIDENT

                                                          Sd/-

                                       (ASHOK RAJ BHANDARI)

MEMBER

                                                          Sd/-

                                                             (MADHU MUTNEJA)

MEMBER

‘Om’