<br /> COMPLAINT FILED: 25.11.2008<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 17th JANUARY 2009<br /> <br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.2543/2008<br /> <br /> <br /> COMPLAINANT Mr.J.S.Bhaskar,Residing at No.141/37,6th Cross, Wilson Garden,Bangalore – 27.Rep. by his GPA HolderMr.S.V.Jayaram.Advocate – Sri.S.NagarajaV/s.<br /> OPPOSITE PARTIES 1) Chairman & Managing Director,Country Club (India) Ltd.,No.675, 9th ‘A’ Main,Indira Nagar, 1st Stage,Bangalore – 560 038.2) The Manager,Amrutha Estates,No.478, “MAHA-PADMA”,1st Main, 1st Stage,Indira Nagar,Bangalore – 560 038.Advocate – Sri.S.M.Manjunatha<br /> <br /> <br /> O R D E R<br /> <br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to refund Rs.2,85,000/- with cost and pay a compensation of Rs.50,000/- on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> <br /> Complainant being lured away with the advertisement and propaganda issued by the OP became the member of the OP club under the scheme floated by the OP in the name and style Super Cool Privilege Membership and paid Rs.2,50,000/-. OP promised to give two complimentary sites each measuring 1089 Sq. Ft located at Tumkur Coconut Grove. OP has also promised that if complainant introduces some other members to the said scheme he will get two more sites. Complainant did introduce two additional members to OP. Complainant thus entitled for four sites. OP demanded Rs.70,000/- towards the confirmation of the sites and also demanded the administrative charges, luxury charges, service tax etc., which are not at all covered at the time of enrolling him as member of the said card. Thus complainant felt unfair trade practice and deficiency in service on the part of the OP. In order to have the sites complainant did pay Rs.35,000/- towards the stamp duty and registration. Again OP failed to register the site. The repeated requests and demands went in futile. Though OP mentioned the site numbers as 177, 178, 179 & 180 but those sites are never in existence. Hence complainant felt that he is duped. For no fault of his, he is made to suffer both mental agony and financial loss. Under the circumstances he is advised to file this complaint and sought for the reliefs accordingly.<br /> <br /> 2. On appearance, OP filed the version denying all the allegations made by the complainant in toto. According to OP they are ready to execute the sale deeds with respect to the complimentary sites but complainant is not coming forward to pay the other necessary charges as contemplated. Complainant did enjoy the club facilities to the maximum extent. When that is so, complainant is not entitled for the refund of the said membership fees. The other allegations made in the complaint are all false and frivolous. Complaint is devoid of merits. Among these grounds, OP prayed for the dismissal of the complaint.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed the affidavit evidence and produced some documents. OP has also filed the affidavit evidence. Though contended in his version that they have produced certain documents but no such documents are produced. Then the arguments were heard.<br /> <br /> 4. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No. 1 :- Whether the complainant has Proved <br /> the deficiency in service on the part of <br /> the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the relief’s now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 5. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1:- In Affirmative<br /> Point No.2:- Affirmative in part<br /> Point No.3:- As per final Order.<br /> <br /> <br /> R E A S O N S<br /> <br /> 6. At the outset it is not at dispute that the complainant became the member of the scheme floated by the OP under the Supper Cool Privilege card membership. It is also not at dispute that OP promised to allot two sites each measuring 1089 Sq. Ft located at Tumkur Coconut Grove. OP collected Rs.2,50,000/- towards the said membership fee. It is further contended by the complainant that if complainant introduces two more members to the said scheme, he is entitled for another two sites. He did introduce two more members as such he is entitled for four sites. OP allotted him four sites bearing No.177 to 180 and informed the complainant to pay site confirmation payment of Rs.70,000/-. Actually there was no such agreement to pay the site confirmation expenses. So the approach of OP in that regard appears to be arbitrary.<br /> <br /> 7. OP under the correspondence referred to site No.179 to 180 carved out of Tumkur Coconut Grove, Phase-IV, but no such documents are produced to show that such plots did exists and that layout is duly approved by the statutory authorities and that they are at OP disposal. So in absence of such basic proof the offer made by the OP appears to be an eye wash.<br /> <br /> 8. It is further contended by the complainant that OP started demanding administrative charges of Rs.3,000/-, luxury tax and service tax. Those charges are not at all included when he was enrolled for Super Cool Privilege card membership. We find substance in the allegations of the complainant. With a fond hope of getting the said sites being registered in his favour complainant paid another Rs.35,000/- towards the stamp duty and registration. OP acknowledged the receipt of the same. But thereafter also OP failed to register the site. Here we find the deficiency in service and unfair trade practice on the part of the OP. The evidence of the complainant appears to be very much natural, cogent and consistent. There is nothing to discard his sworn testimony. It is a quality of evidence that is more important than that of the quantity. As against this unimpeachable evidence of the complainant the defence set out by the OP appears to be defence for defence sake.<br /> <br /> 9. Though OP has contended that complainant has used the club facilities extensively, for that basically there is no proof. Though complainant made repeated requests and demands including that of causing a legal notice on 21.10.2008. Copy of which is produced, there was no response from the OP. The hostile attitude of the OP must have naturally caused both mental agony and financial loss. Though complainant invested his hard earned money he is unable to reap the fruits of his investment. By retaining the said huge amount without registering the sites OP accrued the wrongful gain to itself and caused wrongful loss to the complainant that too for no fault of his. OP committed breach in not allotting the site and registering the site as promised. Under such circumstances we find it is a fit case wherein complainant deserves the refund of what ever the amount that he has paid as there is no possibility of OP registering the plots in his favour in a nearest future. Accordingly we answer point Nos.1 and 2 and proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint is allowed in part. OP is directed to refund Rs.2,85,000/- and pay a litigation cost of Rs.2,000/-. This order is to be complied within four weeks from the date of its communication. Failing in which complainant is entitled to claim interest at the rate of 9% p.a on Rs.2,85,000/- from January 2008 till realization along with litigation 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 17th day of January 2009.) <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> Vln* <br /> <br /> <br />