<br /> COMPLAINT FILED: 25.05.2009<br /> DISPOSED ON:19.08.2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 19TH AUGUST 2009<br /> <br /> PRESENT :- SRI. A.M.BENNUR PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NOs.1179/2009 & 1180/2009<br /> <br /> <br /> COMPLAINT NO.1179/09 COMPLAINANT COMPLAINT NO.1180/09 COMPLAINANT Sri.Ramesh K.B.S/o.Late P.K.Balakrishnan,Aged about 45 years,R/at No.277,3rd ‘B’ Cross,Teachers Colony,Behind Law College,Nagarabhavi 2nd Stage,Bangalore – 560 072.Advocate – Sri.A.ShivaramSmt.K.Leelavathi,W/o.LateK.S.Keshava Prasad,Aged about 44 years,R/atNo.MIG-35,Near Lakshmi Venkateshwar Temple, Housing Board Colony, Holenarasipura,Hassan District-573211.Advocate – Sri.A.ShivaramV/s.<br /> OPPOSITE PARTY 1) Country Club (India) Ltd., No.675, 9th ‘A’ Main, Indiranagar, 1st Stage,Bangalore – 560 038.2) Sri.Rajeev Reddy,Chairman & Managing Director, Country Club India Limited,No.675, 9th ‘A’ Main,Indiranagar 1st Stage,Bangalore – 560 038.Advocate – Sri.S.M.Manjunath<br /> <br /> <br /> O R D E R<br /> <br /> These are the complaints filed Under Sec.12 of the C.P. Act of 1986 by the complainants seeking direction to the Opposite Party (herein after called as OP) to allot and register a complimentary plot at coconut groove Banyan Tree at Tumkur failing in which refund whatever amount they have paid along with compensation of Rs.1,00,000/- with interest and costs on an allegations of deficiency in service. <br /> <br /> The OP’s in both the complaints are common, the question involved relief claimed being the same, in order to avoid the repetition of facts and multiplicity of reasoning both the cases are stand disposed of by this common order. <br /> <br /> The brief averments, as could be seen from the contents of each one of these complaints are as under :<br /> <br /> 2. The first complainant in Complaint No.1179/2009 is engaged in tailoring business, the complainant in Complaint No.1180/2009 who is a widow, having two children studying in the college. Both the complainants had an intention to have their own house. The representative of the OP, Mr.Samson.S approached these complainants and promised that if they become the members of Mr.Vedic Spa of OP, they will get complimentary plot, at coconut groove Banyan Tree near Tumkur. Being attracted with the offer made by the representative of the OP, both the complainants became the member. OP accepted the membership and collected the fee. Thereafter OP failed to keep up its promise. Hence complainant felt deficiency in service on the part of the OP. Under the circumstances they are advised to file these complaints and sought for the relief accordingly. For the convenience sake the card membership, Amount paid, Membership number, date of legal notice noted below in the chart.<br /> <br /> Sl.No. Compt.No. CardMembership MemberShip No. ReceiptNo. &Date Amount Paid NoticeDate<br /> 1. 1179/09 Mr.CoolVedic SPAMembership Cool Vs1349 5529123/07/075567331/07/07406210/11/08 75,000/-50,000/-3,670/- 23/03/09<br /> Total Rs. 1,28,670/- <br /> 2. 1180/09 Mr.CoolVedic SPAMembership Cool Vs1687 5545726/07/07 1,25,000/- 23/03/09<br /> Total Rs. 1,25,000/- <br /> <br /> <br /> 3. On appearance OP filed the version. The defence set out by the OP in both the complaints are identical and same.<br /> <br /> The brief averments made in the version are as under:<br /> <br /> 4. According to OP the club membership fees paid by each one of these complainants is non-refundable. Further it is contended that OP is ready to execute the Sale deed in respect of the complimentary sites allotted in favour of these complainants as soon as each one of these complainants pay registration and stamp charges as required. Each of the complainants has extensively used the club facilities. The other allegations made by the complainants are all false and frivolous. Complaints are devoid of merits. There is no proof of deficiency in service on the part of the OP. Hence the OP is not liable to pay the compensation or oblige to refund the fees. Among these grounds OP prayed for the dismissal of the complaints.<br /> <br /> 5. In order to substantiate the complaint averments, these complainants filed their affidavit evidence and produced the documents. OP has also filed the affidavit evidence and produced the documents. Then the arguments were heard.<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 OP?<br /> <br /> Point No. 2 :- If so, whether these complainants are<br /> entitled for the relief’s now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 7. 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:- 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 /> 8. At the outset it is not at dispute that these complainants became the member of the OP scheme as noted in the chart. The OP accepted their membership and allotted certain number. It is also not at dispute that OP accepted the membership fees as well as service charges as noted in the chart from both the complainants. Now the main grievance of these complainants is that though OP collected the membership fees fail to allot and register the complimentary sites in their favour as promised. <br /> <br /> 9. According to complainant the OP promised them to allot a complimentary plot at coconut groove Banyan tree, only on payment of full membership fees. Complainants with a sole intention of getting the complimentary plot immediately arranged for the said amount by availing loans. The receipts issued by the OP are produced. Inspite of repeated request and even after service of legal notice dated 23-03-2009, OP failed to fulfill its promise and extended the service offered. Both oral and documentary evidence produced by these complainants support their cases. There is nothing to discard their sworn testimony.<br /> <br /> 10. As against this unimpeachable evidence of the complainants the defence of the OP that whatever club membership fees paid is non-refundable has no basis. It is further contended by the OP that even now they are ready to execute the sale deed with respect to complimentary sites, if complainants pay required registration fee and stamp duty. But there is no basis for this defence. OP has not produced any documents to show that layout has been formed and sites are readily available in its disposal free from all encumbrances as on today.<br /> <br /> 11. Though OP received such a huge amount from these complainants but failed to allot and register the complimentary sites as promised, thereby accrued wrongful gain to self and caused wrongful loss to these complainants that too for no fault of theirs. The paper publication produced by the complainant goes to show that OP is unable to form layout and no sites are available at their disposal and OP is ready to refund the fees. We are satisfied that complainants are able to prove deficiency in service. Under the circumstances complainants are entitled for certain reliefs. In our view justice will be met by directing the OP to refund whatever the amount it has received from these complainants towards membership fees along with interest and litigation cost. With these observations we answer point No1 & 2 accordingly and proceed to pass the following :<br /> <br /> O R D E R<br /> The complaints are allowed. <br /> <br /> 1. In Complaint No.1179/09 OP is directed to refund Rs.1,28,670/- together with interest at the rate of 9 % p.a. from August’ 2007 till realization along with litigation cost of Rs.1,000/- to the complainant. <br /> <br /> 2. In Complaint No.1180/2009 OP is directed to refund Rs.1,25,000/- together with interest at the rate of 9 % p.a. from August’ 2007 till realization along with litigation cost of Rs.1,000/- to the complainant.<br /> <br /> This order is to be complied within four weeks from the date of its communication. <br /> <br /> Send copy of this order to both the parties free of costs. <br /> <br /> This original order shall be kept in the file of the complaint No.1179/09 and copy of it shall be placed in other respective file.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 19th day of August 2009.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> NRS<br />