Andhra Pradesh

Visakhapatnam-II

CC/82/2013

Puppala Srinivasa Rao - Complainant(s)

Versus

Country Vacations International Limited - Opp.Party(s)

V Subrahmanyeswara Rao ad Adari Apparao

13 Feb 2015

ORDER

 Reg. of the Complaint:10-04-2013

                                                                                                                                 Date of Order:13-02-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II

AT VISAKHAPATNAM

                   Present:

1.Sri H.ANANDHA RAO, M.A., L.L.B.,

       President

2.Sri C.V.RAO, M.A., B.L.,

                                             Male Member

3.Smt.K.SAROJA, M.A., B.L.,

       Lady Member

                                            

 

FRIDAY, THE 13^TH DAY OF FEBRUARY, 2015

CONSUMER CASE NO.82/2013

 

 

BETWEEN:

SRI PUPPALA SRINIVASA RAO S/O SATYA RAO,

HINDU, AGED 35 YEARS, R/O D.NO.37-11-176/1,

P.R.GARDENS, INDUSTRIAL ESTATE POST,

VISAKHAPATNAM-07.

…COMPLAINANT

AND:

1.THE MANAGING DIRECTOR,

COUNTRY VACATIONS INTERNATIONAL LIMITED,

OFFICE AT: COUNTRY CLUB COOL,

4^TH AND 5^TH FLOORS, 6-3-1219,

BEGUMPET, HYDERABAD-500016.

 

2.THE MANAGING DIRECTOR,

COUNTRY CLUB INDIA LIMITED,

OFFICE AT COUNTRY CLUB COOL’

4^TH AND 5^TH FLOORS, 6-3-1219,

BEGUMPET, HYDERABAD-500 016.

 

3.THE BRANCH MANAGER,

COUNTRY VACATIONS INTERNATIONAL LIMITED,

(A DIVISION OF COUNTRY CLUB (I) LTD.,)

PLOT NO.4, 50-81-1, RAJENDRA NAGAR,

ADJACENT B.V.K.COLLEGE, VISAKHAPATNAM.

…OPPOSITE PARTIES

This case coming on 28-01-2015 for final hearing before us in the presence of SRI V.SUBRAHMANYESWARA RAO AND SRI ADARI APPA RAO, Advocate for the Complainant, and of SRI LODAGALA KRISHNA, Advocate for the 1^st and 3^rd Opposite Parties, and of 2^nd Opposite Party, being set 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 member in the OP  Club in the name and style of Country Club India Limited, and Country Vacations International Limited. The complainant has subscribed for Membership into “FRACTIONAL OWNERSHIP SCHEME – MEDCHAL with the OP on 18-05-2010. Accordingly, the Complainant has paid an amount of Rs.1,30,000/- to the OPs, which was acknowledged by the OPs. As per the said agreement entered between OPs and the Complainant, the Complainant being Silver Fractional Owner, can book accommodation upto 60 days in advance and as low as 45 days and the OPs have expressly promised to the complainant that the Fractional Ownership Club, Medchal, Hyderabad will be ready for occupation by May, 2010 and the remaining development to be completed within 24 months from signing of the said agreement i.e., 18-05-2010. However, with a raider that the completion date may be extended by Opposite Parties discretion upto 12 months but to the astonishment of the complainant, there is no progress in the work in spite of ample time elapsed from the date of execution of the agreement nor there was any communication from the OPs. The Opposite Parties Company’s failure in not completing the Fractional ownership in Medchal with 250sft built up area consisting of one room with one bed and also in providing with the facilities promised after receipt of membership amount will squarely fall under unfair trade practice and deficiency of service. The complainant tried to avail the benefits of annual premium scheme but the OP officials have stated that ‘Clubs’, ‘Resorts’ and Hotels are not ready as such Family usage of Moksha Taasha Gym cannot be provided, then the complainant issued a legal notice on 28-01-2013 to the OPs and the same was received by the OPs but they did not give any reply. Hence, this complaint.

a)  For an amount of Rs.1,30,000/- (Rupees one Lakh Thirty Thousand only) together with interest at 18% p.a., on it from the date of its payment i.e., 31-05-2010 till realization;

b)  For Compensation of Rs.1,50,000/- towards mental agony, p ain and suffering;

c)  For costs of the complaint; and

d)  For such other relief or reliefs as the Honourable Forum deems fit and proper under the circumstances of the case.

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

3.       The 3^rd OP filed counter and adoption memo filed by 1^st OP. The OPs strongly resisted the claim of the complainant, by contending as can be seen from their counter. The OPs denied all the allegations made by the complainant, stating that the complainant did not pay the full amount to the OPs as such there is no necessity to register the flat in the name of the complainant. The complainant filed this complaint for unlawful gain from the OP only. So, they have no liability to pay any reliefs asked by the complainant.

4.       At the time of enquiry, the complainant and OPs 1 and 3 filed Evidence Affidavit as well as written arguments to support their contentions. Exhibits A1 to A11 are marked for the complainant. No documents are marked for the OP. Treated as heard on behalf of complainant and the Opposite Parties.

          Exhibit A1 is the Original Purchase Agreement for Club Membership dated 11-05-2010, Exhibit A2 is Fractional Ownership Agreement-Medchal dated 18-05-2010, Exhibit A3 is the Cash Receipt dated 19-05-2010, Exhibit A4 is the Cash Receipt, dated 21-05-2010, Exhibit A5 is the Cash Receipt dated 31-05-2010, Exhibit A6 is the Membership Rights certificates 2 in Nos. Exhibit A7 is the Legal Notice dated 28-01-2013, Exhibit A8 is the Postal Receipts in 3 nos. dated 08-11-2013, Exhibit A9 is the Postal Acknowledgement of OP1 dated 31-01-2013, Exhibit A10 is the Postal acknowledgement  dated 31-01-2010 and Exhibit A11 is the Postal acknowledgement  dated 30-01-2013.

5.       The fact shown from Exhibits A1 and A2 reveals that there is an agreement between the complainant  and the OPs dated 18-05-2010. Exhibits A3 to A5 are the receipts issued by OPs on different dates. Exhibit A6 reveals that the authorized signatory of the country vacations issued a letter in favour of the complainant stating that they have received an amount of Rs.1,30,000/-  towards membership rights in their country vacations.

6.       The point that would arise for determination is:

Whether there is any deficiency of service on the part of the OPs? If so, Whether the Complainant is entitled to the   reliefs asked for?

7.       After careful perusal of the case record, this forum finds that there is no dispute regarding the payment of Rs.1,30,000/-. Though the OPs are acknowledged and issued receipts for payment of Rs.1,30,000/- and accepted the membership of complainant in their country vacations club, they did not provide any facilities to the complainant as per the membership agreement. The OPs stated in their counter that the complainant did not paid the full amount to the OPs, so, there is no necessity to register the flat in his name. But the OPs failed to place any piece of material before this Forum stating that the complainant did not pay the full amount. As per the agreement, Exhibit A1 the complainant paid Rs.1,30,000/- towards total sale consideration “KOOL PREMIUM SCHEME” . The 2^nd party has opted for full payment scheme as under: payable to the first party INR Rs.1,30,000/- paid vide cash. The second party did not opt for EMI scheme. So, this Forum is of the opinion that there is deficiency in service coupled with unfair trade practice on the part of the OPs. Hence, the complainant is entitled to Rs.130,000/- with interest some compensation and costs too.

8.       In the result, this complainant is allowed directing the Opposite Parties 1 to 3 to pay an amount of Rs.1,30,000/- (Rupees one lakh, thirty thousand only) with 9% p.a., from 31-05-2010 till the date of actual realization and to pay a compensation of Rs.15,000/- (Rupees fifteen thousand only) and costs of Rs.5000/-(Rupees five thousand only) to the complainant. 

Time for compliance one month from the date of this order.

Dictated to the Stenographer, transcribed by him, corrected and pronounced by us in the open Forum, on this the 13^th day of February, 2015.

 

  Sd/-                                                  Sd/-                                      Sd/-

M.MEMBER                                            PRESIDENT                                     L.MEMBER           

 

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainant:

Exhibits	Date	Description	Remarks
A-1	11-05-2010	Purchase Agreement for Club Membership	Original
A-2	18-05-2010	Fractional Ownership Agreement-Medchal	Original
A-3	19-05-2010	Cash Receipt	Original
A-4	21-05-2010	Cash Receipt	Original
A-5	31-05-2010	Cash Receipt	Original
A-6	18-05-2010	Membership rights certificates 2 in Nos.	Original
A-7	28-01-2013	Legal Notice	Office copy
A-8	08-11-2013	Postal receipts 3 in Nos.	Original
A-9	31-01-2013	Postal Acknowledgement of OP1	Original
A-10	31-01-2013	Postal Acknowledgement of OP2	Original
A-11	30-01-2013	Postal Acknowledgement of OP3	Original

 

EXHIBITS MARKED ON BEHALF OF THE OPS:   -NIL-

  Sd/-                                             Sd/-                                      Sd/-

M.MEMBER                                            PRESIDENT                                      L.MEMBER