O R D E R
(By Sri A. Radha Krishna, President on behalf of the Bench)
1 The 1st complainant is the husband and 2nd complainant is the wife fled this complaint under Section 12 of C.P. Act claiming compensation of Rs. 3,68,784/- being the principal amount and interest due on the amount paid by them to the opposite party.
2 The case of the complaints in brief is that they joined as members in the opposite party company and paid Rs. 1,95,000/-, out of which Rs. 1,00,000/- for membership fee and the remaining amount was towards purchase of two plots including the registration charges. They are entitled for amenities provided by the opposite party for a period of 30 years and duration is one week in a year. Starting from the year 2006 in the various resorts as per the list provided by the opposite parties.
3 They availed the accommodation for the years 2006-2007 and later the opposite parties failed to provide accommodation inspite of their requests and also the letters. Finally they also issued a legal notice and thus as the opposite party committed deficiency of service they filed this complaint.
4 The 3rd opposite party filed its written version denying the material allegations in the complaint and further according to them the complainants joined members and agreed to pay Rs.1,38,000/-. At the time of joining they agreed to pay total membership within 6 instalments but failed to comply with the same and requested for extension of time and also changed for down grade of their membership time. On their requests they changed membership profile from non domestic R.C.I. to domestic and also provided chance to pay the remaining amount and also agreed to down grade from 30 years to 10 years. After payment of membership amount again they came up with a different proposal and requested them many times to change the membership from 10 years to 5 years to get complementary free gift plots for 150 square yards at Birdie Venture. Because of the pressures they accepted the proposal and with terms and conditions after paying the registration charges which they have not complied with. They failed to pay the registration charges and also annual maintenance charges which they agreed to pay. Thus they sought dismissal of the complaint on the ground there is no deficiency of service on their part.
5 Now the points for determination are:
1. Whether there is any deficiency of service on the part of the opposite parties?
2. Whether the complainants are entitled for the amounts sought by them?
6 Point No.1: To substantiate their contention the 1st complainant filed his proof affidavit and exhibited 7 documents Exs. A1 to A7 which are copy of agreement, bunch of receipts, letters received from opposite party with regard to allotment of plots, plot allotment letter received from the opposite party, copy of letter written by the 1st complainant to the opposite parties requesting allotment of accommodation at Hyderabad, office copy of lawyer’s notice and acknowledgment.
7 Challenging the case of the complainant the Branch Manager of 3rd opposite party furnished his proof affidavit reiterating their case is set out in the written version.
8 It is not in dispute the complainants joined members in the opposite party company. Here it is a version the opposite parties from time to time on the requests of complainants they down graded the period of membership from 30 years to 5 years and also provided complementary free gift plots on the condition of paying registration charges and also maintenance fee every year.
9 At the out set it may be noted when the opposite party specifically contends that the complainants failed to pay the registration charges and also the maintenance charges, the complainants did not deny the same by filing any re-joinder. For that matter even in the proof affidavit filed by the complainants they did not deny this version of opposite party. As seen from clause 6 of the agreement marked as Ex.A1 it is clear the complainants agreed to pay all annual maintenance charges to the “Marketer” as a contribution to the upkeep maintenance of the resorts. When Ex.A1 the document of complainants itself contains such a clause and on the face of the denial by the opposite party pertaining to payment of this charges, the complainants failed to produce any material showing their payment of registration charges and also the annual maintenance charges. Thus in these circumstances there is no material showing the deficiency of service on the part of opposite parties. Hence this point is answered accordingly against the complainants.
10 Point No.2: In view of the findings rendered under point No.1 the complainants are not entitled for any amount on account of deficiency of service. Hence this point is answered accordingly.
11. In the result, the complaint is dismissed in the circumstances without costs.
Dictation taken by the Steno, transcribed by her, corrected and pronounced by us, in open Forum, this the 30th day of March, 2015
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MEMBER PRESIDENT
APPENDIX OF EVIDENCE
WITNESSES EXAMINED
For complainants: Sri Yepati Elisha [1st complainant]
For opposite parties : Sri T. Prem, Branch Manager, Country Vacation Club
DOCUMENTS MARKED
For complainants:-
Ex.A1 Copy of agreement
Ex.A2 Bunch of receipts
Ex.A3 Letters received from opposite party with regard to allotment of plots
Ex.A4 Plot allotment letter received from the opposite party
Ex.A5 Copy of letter written by the 1st complainant to the opposite parties requesting allotment of accommodation at Hyderabad
Ex.A6 Office copy of lawyer’s notice issued by the complainant to the opposite parties
Ex.A7 Acknowledgment.
For opposite parties: NIL
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MEMBER PRESIDENT
