COMPLAINT FILED ON:10.11.2010
DISPOSED ON:30.07.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
30th DAY OF JULY– 2011
PRESENT:- SRI. B.S.REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINANT | D.N.Anantha Murthy, Major, Residing at No.60/3, 4th Main, Chamarajpet, Between 4th and 5th Cross, Bangalore-560 018. Advocate: Sri.Neelakantaiah, V/s. |
OPPOSITE PARTY | The Managing Director, Country Club of (India) Ltd., No.273, 1st Main Road, Defence Colony, H.A.L.II Stage, Indiranagar, Bangalore-560 038, Represented by its Administrative Officer. Advocate:G.A.Gopi. |
O R D E R S
SRI. B.S.REDDY, PRESIDENT
The complainant filed this complaint under Section 12 of the Consumer Protection Act, 1986 seeking direction against the Opposite Party (herein after called as O.P) to refund the membership fee of Rs.1,20,000/- with interest at 12% p.a. and to pay compensation of Rs.1,00,000/- on the allegation of deficiency in service on the part of the OP.
2. The case of the complainant to be stated in brief is that:
The complainant is member of OP-Club, OP-Club invited applications offering to become KOOL Card Member, the complainant paid in all Rs.1,20,000/- between 24.03.2007 and 15.02.2009 towards membership fee to the OP-Club. OP-Club has issued the receipts. OP issued allotment letter dt.03.07.2009 informing the complainant that a complementary sites No.1505 and 1506 at Coconut Grove, Phase-18 are allotted to him. After receiving the membership amount by OP-Club, there was no response from their side and the complainant simply waited till date, they have not fulfilled their obligations. The complainants visited OP several times, but OP failed and neglected to fulfill their obligation in allotting the sites. The complainant came to know that offer made by the OP is a bogus offer and only to deceive the innocent members and to get itself enriched out of the funds so collected from the members. Due to the negligence of the OP, the complainant and his family members suffered mental agony, the earlier complaint filed by the complainant was dismissed with a liberty to file a fresh complaint. Hence, this complaint.
3. On appearance, OP filed version admitting that the complainant became a member of OP-Club and has paid the membership fee as claimed. It is stated that the complementary plot Nos.1505 and 1506 were allotted to the complainant as per allotment letter dt.3/7/2009 asking the complainant to deposit a sum of Rs.15,000/- towards registration and maintenance charges for the plot allotted towards the membership and a sum of Rs.20,000/- towards the plot allotted under MGM Scheme. The complainant has not deposited the said amount. On account of he same, Op could not register the sites. The membership fee paid is not refundable. It is stated that the copy of the conversion order, sanction plan and MOU for the phase 18 are produced and marked as Annexure-B (but in fact no documents were produced with the version). Further, it is contended that the complainant has utilized the facilities provided by the OP and he is not entitled for refund of the amount, only the Forum can direct to register the sites allotted. It is also contended that the earlier complaint filed in Complaint No.29/2009 has been dismissed. The same operates as resjudicata for the present complaint. Hence, it is prayed to dismiss the complaint.
4. In order to substantiate complaint averments, the complainant filed affidavit evidence. The Assistant Administration Manager of OP filed affidavit evidence in support of defence version and produced documents.
5. Arguments on both sides heard.
6. Points for our consideration are:
Point No.1:- Whether the complainant proved the
deficiency in service on the part of
the OP?
Point No.2:- Whether the complainant is entitled
for the reliefs claimed?
Point No.3:- To what Order?
7. We record our findings on the above points are:
Point No.1:- Affirmative.
Point No.2:- Affirmative in part.
Point No.3:- As per final Order.
R E A S O N S
8. At the out set, it is not at dispute that the complainant became a member of OP-Club by paying total membership fee of Rs.1,20,000/- and OP has issued the receipts marked as Annexures-A1 to A9. The main grievances of the complainant is that Op has not fulfilled its obligations in allotting and registering the sites, though the allotment letters were issued on 03.07.2009 site Nos.1505 and 1506 are allotted in favour of the complainant, OP was negligent and has not responded as and when complainant visited the office.
9. The learned counsel for the Op contended that allotment letters are already issued on 03.07.2009 allotting the sites bearing No.1505 and 1506 situated at Coconut Grove Phase 18. The complainant was informed to remit the registration charges and maintenance charges of Rs.15,000/- and Rs.20,000/- respectively. The complainant failed to deposit the said amount; as a result, OP could not register the sites. Further, it is contended that even now OP is prepared to register the said sites on depositing registration and maintenance charges by the complainant.
10. It may be noted that the allotment letters are issued by one Amrutha Estate, no document is produced by the OP to show as to how the said concern is connected with this transaction. Further, the conversion orders and proposed layout plan produced in respect of the layout are in the name of Private parties, there is no material to show that the said lands are being acquired by Amrutha Estate and layout has been formed with due approval, wherein the sites allotted to the complainant are situated. The layout plan produced is not legible, even in spite of sufficient opportunity given OP has not produced legible layout plan. Without their being any valid documents regarding title and approval of the layout by statutory authorities, it is not possible to accept that the sites shown in the allotment letters issued to the complainant are valid allotment letters and there exists such sites. Under these circumstances, we are unable to accept, the contention that OP is ready to register the sites even now on payment of registration and administration charges by the complainant. The act of OP in not allotting the sites and registering the same with valid title and approval of layout is deficiency of service on the part of the OP.
11.The earlier complaint filed in complaint No.29/2009 was dismissed with a liberty to file the fresh complaint, hence the same does not operate has resjudicata for the present complaint. There is no merit in the contention that the membership paid is nonrefundable. Under these circumstances, we are of the view that the complainant is entitled for the refund of the amount with interest at 12% p.a. by way of compensation with litigation charges of Rs.2,000/-. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part.
The OP is directed to refund an amount of Rs.1,20,000/- with interest at 12% p.a. from the respective date of payments till the date of realization and pay litigation cost of Rs.2,000/- within 4 weeks from the date of this Order to the complainant.
Send copy of this order to both the parties free of costs.
(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 July – 2011.)
MEMBER MEMBER PRESIDENT
Cs:
