Date of Filing: 13.06.2008<br /> Date of Order: 31.10.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 31ST DAY OF OCTOBER 2008<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 1311 OF 2008<br /> <br /> Yogesh V. Kondawar<br /> No. 83, 1st Main, 1st Cross, 1st Floor<br /> Above Canopy real estate, MICO Layout<br /> BTM 2nd Stage, Bangalore 560 076 Complainant<br /> <br /> V/S<br /> Country Vacations <br /> (Div. of Country Clubs India Ltd.)<br /> 2nd Floor, Jayalaxmi Chambers, 1/b-48<br /> 27th Cross, Jayanagar 7th Block<br /> Near to Popular Bajaj Motors<br /> Bangalore 560 082 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> The complainant prays to direct opposite party to refund Rs. 1,20,000/- with interest. <br /> The facts of the case are that opposite party is a club which provides clubbing and vacations plans. Complainant took membership of the opposite party with 5 years of vacation and a plot 1085 sq.ft. at free of cost at Vedic spa. Complainant was told 5 years of free vacations (1 week/year) anywhere in India. Complainant has been trying to book hotels in Ooty, Kodaikanal, Kovalum (Kerala) well in advance but he was not able to book any of them. Complainant even tried with affiliated hotels and resorts and came to know that they are no more affiliated with CV. Complainant was told by the representatives of the opposite party that the complimentary land / plot was supposed to be BMRDA approved in Karnataka. Complainant paid 50000 INR by credit card and signed the agreement. But later complainant found the land is in AP border. Opposite party denied to cancellation and full refund of the payment. There was no address and location of the land mentioned in any of the agreement / allotment letter. Complainant submits that the price paid to opposite party for membership is not at all worth. Due to lack of communication and deficiency of service by the opposite party complainant seeks refund of the amount paid to opposite party. Hence, the complaint. <br /> 2. Notice issued to opposite party. Opposite party was put in appearance through advocate and filed defence version admitting that complainant is member of the opposite party and he was allotted with a complimentary plot at Vedic-spa. Opposite party submits that complainant did not ask for any accommodation which he was entitled as per his membership. Complainant did not avail the accommodation for the best reasons known to him. The complainant was explicitly told by the marketing staff of the opposite party that Vedic Spa where in the complainant is allotted with the plot is situated in A.P. and he willingly accepted the same without any demur. Opposite party never offered or promised to give any BMRDA approved land to the complainant. Opposite party or its representative never made any fake promises to the complainant at any point of time. It is submitted that in the brochure furnished to the complainant at the time of joining the membership all the details of the plot to be allotted to the complainant was clearly mentioned and on reading the same the complainant opted for membership. The respondent has fulfilled all its obligations under the agreement. There is no deficiency of service on the part of the opposite party and therefore, it is not liable to refund any sum to the complainant.<br /> 3. Arguments are heard. <br /> 4. The point for determination is:<br /> “Whether the opposite party can be directed to refund the amount?”<br /> <br /> 5. It is admitted case of the parties that complainant has paid total amount of Rs. 1,20,000/- to the opposite party. This fact has been admitted by the opposite party. It is the case of the opposite party that it is not liable to refund entire amount since opposite party has incurred expenses for registration of plot and other miscellaneous expenses. It is very strange that opposite party had executed the gift deed on 07.07.2008 after filing of complaint. The copy of the gift deed is produced. By looking into the copy of the gift deed the complainant has not signed on the gift deed and he has not accepted the gift. The gift deed is unilateral act on the opposite party. Such a gift deed is not valid and lawful in the eye of law. The value of the property shown in the gift deed is Rs. 11,000/-. The opposite party submitted that original gift deed is not sent to complainant. It is admitted case of the parties that complainant has not taken possession of the property covered under the gift deed. The gift deed dated 07.07.2008 has been executed hurriedly without any legal basis after filing of the complaint by the complainant. Therefore, the gift deed has no legal sanctity or validity. The complainant submitted that he is not ready to accept the gift and he has no objection to get this gift deed cancelled. So under these circumstances the only option now for the opposite party is to refund the amount received from the complainant. Admittedly, the complainant has paid Rs. 1,20,000/- through cheque. The promise given by the opposite party that they will give a fully developed plot to the complainant within 6 months becoming member of the opposite party has not been fulfilled. The opposite party had given false assurance and thereby misleads the complainant. Therefore, there was definitely deficiency of service on the part of the opposite party. The manner in which unilateral gift deed is executed after filing of the complaint without acceptance of the complainant itself goes to show that the opposite party wants to escape its legal obligation in refunding the amount received from the complainant. The opposite party is not entitled to retain the amount of the complainant without giving any service to the complainant. Therefore, the complainant is entitled in law to seek refund of the amount paid by him. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 6. The Complaint is allowed. The opposite party is directed to refund Rs. 1,20,000/- to the complainant within 30 days from the date of this order. In the event, opposite party not refunding the amount within 30 days in that case the said amount carries interest at 12% p.a. from the date of order till payment/realization. The opposite party will be at his liberty to cancel or revoke the alleged gift deed dated 07.07.2008.<br /> 7. Complainant is entitled to Rs. 2,000/- towards costs of the present proceedings from opposite party.<br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> 9. Pronounced in the Open Forum on this 31ST DAY OF OCTOBER 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br />