Andhra Pradesh

Visakhapatnam-II

CC/116/2014

Naviri Mohana Rao - Complainant(s)

Versus

Country Club - Opp.Party(s)

G Ravikumar

25 Apr 2015

ORDER

                                              Date of Registration of the Complaint:04-04-2014 

                                                                                                Date of Order:25-04-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                             VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao, M.A., B.L.,

                                     Male Member

 

                          Saturday, the 25^th day of April, 2015.

                             CONSUMER CASE No.116/2014

Between:-

Naviri Mohan Rao, S/o late Appala Swamy,

Hindu, aged 63 years, residing at Door

No.33-10-1/5, Karanala Street, Allipuram,

Visakhapatnam-4.

                                                                                                     ….. Complainant

And:-

1.The Branch Manager, Country Club,

   D. No.50-81-1/1/2, Rajendera Nagar,

   Besides BVK College, Visakhapatnam.

2.The General Manager, Country Club,

   A Division of Country Club (India) Limited,

   D. No. 6-3-1219, Begumpet, Hyderabad-5000016.

                                                                                           …  Opposite Parties

                     

This case coming on 24.04.2015 for final hearing before us in the presence of Sri G. Ravi Kumar & Sri G. Appala Raju, Advocates for the Complainant and Sri Lodagala Krishna & Sri Karri Partha Saradi, Advocates for the 1^st Opposite Party and the 2^nd Opposite Party being exparte and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

        (As per Smt. K. Saroja Honourable Lady Member on behalf of the Bench)

 

1.       The case of the Complainant in brief is that the Complainant joined as a member in the Opposite Party Country Club, Visakhapatnam.  The Complainant entered into an agreement in the year, 2007 with the Opposite Party by paying Rs.1,12,000/- on different occasions.   The Complainant requested the Opposite Party to register the plot and also he is willing to ready to pay the balance amount in the year, 2007 but the Opposite Party did not register the plot in favour of the Complainant till now.    Then the Complainant issued a legal notice dated 17.04.2013 and the Opposite Party received the said notice but kept silent.   Hence, this complaint.

2.       a) To deliver the plot site at Hyderabad main point to the Complainant  in alternative the Opposite Party have to pay an amount of Rs.3,00,000/- (Rupees Three Lakhs only) towards site cost;

          b) to pay an amount of Rs.50,000/- (Rupees fifty thousand only) towards mental agony and strain suffered by the Complainant;

          c) Costs of the Petition;

          d) For such other relief as this Forum may deems fit and proper in the circumstances of the case, otherwise the Complainant will be put to immense loss and hardship.

 

3.       The 2^nd Opposite Party did not appear before this Forum hence it was set exparte and remained exparte.

 

4.       The 1^st Opposite Party stated that the Complainant did not pay the full installment amount to the Opposite Party.  As such, there is no necessity to register the plot in favour of the Complainant.   The Opposite Party fulfilled their part of obligations, but the Complainant did not come forward to pay the balance installment amount to the Opposite Party.   So, the Opposite Party has no liability to pay any reliefs asked by the Complainant.

 

5.       At the time of enquiry, both parties filed affidavits as well as written arguments to support their contentions.      Exs.A1 to A17 are marked for the Complainant.    No documents were marked for the Opposite Parties.

 

6.       Ex.A1 is the photo copy of Country Vacations International Holiday Club Membership Purchase Agreement in favour of the Complainant issued by the Opposite Parties dated 01.09.2002.   Ex.A2 is the photo copy of Welcome Letter issued by the Opposite Parties to the Complainant dated 15.11.2007.   Ex.A3 is the photo copy of Terms and Conditions for allotment of Complimentary Plot issued by the Opposite Parties dated 01.09.2002.   Ex.A4 is the Receipt No.6038 an amount of Rs.35,000/- issued by the Opposite Parties in favour of the Complainant dated 31.08.2007.  Ex.A5 is the Receipt No.6033 an amount of Rs.25,000/- issued by the Opposite Parties in favour of the Complainant dated 31.08.2007.   Ex.A6 is the Receipt No.6165 an amount of Rs.26,000/- issued by the Opposite Parties in favour of the Complainant dated 30.09.2007.   Ex.A7 is the Receipt No.6094 an amount of Rs.14,000/- issued by the Opposite Parties in favour of the Complainant dated 27.09.2007.   Ex.A8 is the Receipt No.6399 an amount of Rs.2,000/- issued by the Opposite Parties in favour of the Complainant dated 26.12.2007.   Ex.A9 is the Receipt No.7401 an amount of Rs.10,000/- issued by the Opposite Parties in favour of the Complainant dated 30.06.2008.   Ex.A10 is the Temporary Receipt No.1302 an amount of Rs.26,000/- issued by the Opposite Parties in favour of the Complainant dated 30.10.2007.   Ex.A11 is the Temporary Receipt No.1548 an amount of Rs.2,000/- issued by the Opposite Parties in favour of the Complainant dated 25.12.2007.   Ex.A12 is the Temporary Receipt No.1180 an amount of Rs.25,000/- issued by the Opposite Parties in favour of the Complainant dated 01.09.2007.   Ex.A13 is the Temporary Receipt No.1119 an amount of Rs.35,000/- issued by the Opposite Parties in favour of the Complainant dated 04.09.2007.   Ex.A14 is the Temporary Receipt No.1241an amount of Rs.14,000/- issued by the Opposite Parties in favour of the Complainant dated 27.09.2007.   Ex.A15 is the Temporary Receipt No.2498 an amount of Rs.10,000/- issued by the Opposite Parties in favour of the Complainant dated 02.07.2008.   Ex.A16 Office copy of Registered Lawyer’s Notice also with Postal Receipt addressed by the Complainant’s counsel to the Opposite Parties dated 17.04.2013.   Ex.A17 is Acknowledgement.

 

7.       The fact shown from Ex.A1 reveals that the Complainant and the Opposite Parties entered into Purchase Agreement on 01.09.2007 the total purchase price is Rs.1,35,000/-, and the amount was paid in 8 monthly installments @ Rs.2,000/- p.m.   Ex.A2 reveals that the Opposite Party issued a letter in favour of the Complainant stating that he was become as a member in their Country Club dated 15.11.2007.   Ex.A3 reveals that the Complainant has to pay Rs.15,000/- in favour of the Opposite Parties’ sister concern i.e., S.S. Amrutha Estate.   The Opposite Party allotted a plot of 150 Sq. yards at their venture as complimentary to the member of their Country Club.  Ex.A4 to A15 reveals that the Complainant has paid Rs.1,12,000/- to the Opposite Party on different dates.

 

8.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Parties.   Whether the Complainant is entitled to any reliefs asked for?

 

9.         After careful perusal of the case record, this Forum finds that the  Opposite Parties received an amount of Rs.1,12,000/- from the Complainant towards plot in their Country Club.   The Opposite Parties issued a notice to the Complainant stating that he became a member of their Country Club and they allotted 150 Sq. yards at their venture as a complimentary.   Though they received Rs.1,12,000/- from the Complainant in the year, 2008 but they failed to register the plot in favour of the Complainant till now.   Ex.A3 is  only a paper which did not disclose any fact that the Complainant was allotted a plot in their venture.    As per their agreement i.e., Ex.A1 the Complainant has to pay installments then they allotted the plot in favour of the Complainant.   Even after receiving Rs.1,12,000/- out of Rs.1,35,000/-, the Opposite Parties did not show their developed venture to the Complainant.   So, the Complainant stopped balance amount to the Opposite Parties.   Moreover, the Opposite Parties failed to produce any piece of material before this Forum to show that they had developed the said venture and also registered the plot to various customers/members.   It amounts to deficiency in service coupled with unfair trade practice, and boarder of cheating on the part of the Opposite Parties.    The Complainant paid huge amount of Rs.1,12,000/- in the year, 2008 forced to file this complaint is entitled to compensation and costs.   Hence, the Complainant is entitled to Rs.1,12,000/- with interest, some compensation and costs too.

  

10.     In the result, this Complaint is allowed directing the Opposite Parties: a) to pay an amount of Rs.1,12,000/- (Rupees One lakh and twelve thousand only) with interest @ 9% p.a. from 01.09.2007 till the date of actual realization, b) a compensation of Rs.50,000/- (Rupees fifty thousand only) and c) Costs of Rs.2,500/- (Rupees two thousand and five hundred only) to the Complainant.   Time for compliance, one month from the date of this order.

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 25^th day of April, 2015.

 

Sd/-                                      Sd/-                                      Sd/-                        

President                              Male Member                      Lady Member

                                     

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	01.09.2002	Country Vacations International Holiday Club Membership Purchase Agreement in favour of the Complainant issued by the OP	Photo copy
Ex.A02	15.11.2007	Welcome Letter issued by the Ops to the Complainant	Photo copy
Ex.A03	01.09.2002	Terms & Conditions for allotment of Complimentary Plot issued by the Ops	Photo copy
Ex.A04	31.08.2007	Receipt No.6038 an amount of Rs.35,000/- issued by the Ops in favour of the Complainant.	Original
Ex.A05	31.08.2007	Receipt No.6033 an amount of Rs.25,000/- issued by the Ops in favour of the Complainant	Original
Ex.A06	30.09.2007	Receipt No.6165 an amount of Rs.26,000/- issued by the Ops in favour of the Complainant	Original
Ex.A07	27.09.2007	Receipt No.6094 an amount of Rs.14,000/- issued by the Ops in favour of the Complainant	Original
Ex.A08	26.12.2007	Receipt No.6399 an amount of Rs.2,000/- issued by the Ops in favour of the Complainant	Original
Ex.A09	30.06.2008	Receipt No.7401 an amount of Rs.10,000/- issued by the Ops in favour of the Complainant	Original
Ex.A10	30.10.2007	Temporary Receipt No.1302 an amount of Rs.26,000/- issued by the OPs in favour of the Complainant	Original
Ex.A11	25.12.2007	Temporary Receipt No.1548 an amount of Rs.2,000/- issued by the Ops in favour of the Complainant	Original
Ex.A12	01.09.2007	Temporary Receipt No.1180 an amount of Rs.25,000/- issued by the Opposite Parties in favour of the Complainant	Original
Ex.A13	04.09.2007	Temporary Receipt No.1119 an amount of Rs.35,000/- issued by the Ops in favour of the Complainant	Original
Ex.A14	27.09.2007	Temporary Receipt No.1242 an amount of Rs.14,000/- issued by the Ops in favour of the Complainant	Original
Ex.A15	02.07.2008	Temporary Receipt No.2498 an amount of Rs.10,000/- issued by the Ops in favour of the Complainant	Original
Ex.A16	17.04.2013	Registered Lawyer’s Notice also with Postal Receipt addressed by the Complainant’s counsel to the Ops	Office copy
Ex.A17		Acknowledgement	Original

 

For the Opposite Parties:-            

                  

                                                -Nil-           

Sd/-                                  Sd/-                                               Sd/-

President                          Male Member                                Lady Member