FINAL ORDER/JUDGEMENT
SHRI SWAPAN KUMAR MAHANTY, PRESIDENT
The case of the Complainant, in brief; is that she purchased Club Membership of OP against payment of Rs.1,15,000/-. An agreement dated 14.03.2009 was executed between the parties. The OP promised to provide different services to the complainant in terms of the agreement but failed to provide any service. The OP also promised to handover a plot of land being Plot No. 1071 measuring about 120 Sq. yards at Vedic Spa, Hindupur, Phase-9 as complementary gift against payment of Rs. 15,000/- as registration and development charges. OP realized Rs.15,000/- and supplied a draft gift deed printed in Non Judicial Stamp Paper. OP did not register the said gift deed through competent authority. Complainant has alleged that despite several request and legal notice dated 20.12. 2019 the OP failed and neglected to register the deed of gift. There is deficiency in service and unfair trade practice on the part of the OP. Hence, the consumer complaint.
The OP was duly served of the complaint. However, despite service of notice upon them, no written version is filed. Complainant adduced evidence by filing affidavit in chief.
We have heard the argument. Perused the consumer complaint coupled with documents annexed thereto. Also perused the affidavit in chief.
The complainant by way of un contradicted testimony has proved that the OP has entered into Club Membership Agreement dated 14.03.2009 with the complainant on payment of Rs.1,15,000/- and is supposed to provide different type of services to the complainant but failed to provide any service to the complainant. The OP also promised to handover a plot of land at Vedic Spa, Hindupur, Phase – 9 being Plot No. 1071 measuring about 120 Sq. yards as complementary gift against payment of Rs.15,000/- as registration and development charges. Despite payment of Rs.15,000/- the OP did not register the gift deed till date and physical possession of the land. Complainant has alleged that despite legal notice dated 20.12.2019 the OP did not handover possession of land and registered the Deed of Gift to the complainant. Complainant has clearly stated that the OP has committed deficiency in service. As the OP has opted not to file Written Version despite service of notice of complaint, the above allegations of the complainant is deemed to have been admitted as correct. In absence of any explanation for failure to comply with the services, delivery of possession and registration of plot No. 1071 measuring about 120 Sq. yards at Vedic Spa, Hindupur, Phase – 9, we have no hesitation in concluding that the OP has committed deficiency in service as also have indulged in unfair trade practice and therefore, we allow the complaint with the following directions :-
- The OP shall refund the entire amount of Rs.1,30,000/- (Rupees one lac thirty thousand ) only to the Complainant within 60 days from today along with compensation of simple interest at the rate of 7 percent per annum from the date of payment till the realization of the amount,
- The OP shall pay a sum of Rs.5,000/- (Rupees five thousand ) only as cost of litigation to the complainant.
Copy of the order be supplied to the complainant when applied for.
