<br /> COMPLAINT FILED: 28.10.2008<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> <br /> 19th DECEMBER 2008<br /> <br /> <br /> PRESENT :- SRI. A.M. BENNUR PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.2312/2008<br /> <br /> <br /> COMPLAINANT Sri. Ayush Garg,S/o. Sri. K.K. Garg,Aged about 25 years,Both residing at No. 162,Birla Soft, 4th Floor,Mobius Towers, SJR Park,Opp. Sathya Sai Hospital,Whitefield,Bangalore – 560 066.Advocate (B.N. Manjunath)V/s.<br /> OPPOSITE PARTY High Land Holiday Home Private Limited,No. 47, Rear Wing, 5th Mezzanine Floor,Manipal Centre,Dickenson Road,Bangalore – 560 040.Rep. by its Branch Manager.Advocate (Younous Alikhan)<br /> <br /> <br /> O R D E R<br /> <br /> <br /> This is a complaint filed U/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction to the Opposite Party (herein after called as O.P) to pay a compensation of Rs.25,000/- and refund membership fee of Rs.25,000/- with interest on an allegations of deficiency in service. <br /> <br /> The brief averments, as could be seen from the contents of the complaint, are as under:<br /> <br /> Complainant being lured away with the advertisement and propaganda issued by the OP, who promised to provide a concept of weeks of time share for a period of 5 years in their own affiliated resorts and clubs for 8 days and 7 nights, thought of availing the said service. Thus became the member on 23.08.2008 and paid Rs.25,000/- on the same day. OP accepted his membership and allotted him No. 38576. Thereafter somehow OP failed to keep up its promise in providing the said service. The repeated requests and demands made by the complainant, went in futile. Complainant felt that he is duped. Ultimately complainant requested the OP to close his account and refund atleast 95% of the membership fee paid as per the terms of the contract, again the efforts went in vain. He wrote a letter on 04.09.2008, caused the legal notice on 19.09.2008. Again there was no response. Though complainant invested his hard earned money, he is unable to reap the fruits of his investment because of the hostile attitude of the OP. For no fault of his, he is made to suffer both mental agony and financial loss. Under such circumstances he felt the deficiency in service and unfair trade practice on the part of the OP. Hence he is advised to file this complaint and sought for the relief accordingly.<br /> <br /> 2. On appearance, OP filed the version denying all the allegations made by the complainant in toto. According to OP complainant as a member not opted for visiting the resort and availed the services of the OP. Hence the allegation of the complainant that there is no proper service or there is a deficiency in service rather does not arise. Complainant is bound by the declaration form contents for which he is a party. At no point of time OP refused to extend the holiday facility as promised. So all the allegations of the complainant are baseless. It is further contended that this Forum has no jurisdiction to entertain this complaint, as the dispute is of purely civil in nature. Complaint is devoid of merits. Among these grounds, OP prayed for the dismissal of the complaint.<br /> <br /> 3. In order to substantiate the complaint averments, the complainant filed his affidavit evidence and produced some documents. OP has also filed the affidavit evidence. Then the arguments were heard.<br /> <br /> 4. In view of the above said facts, the points now that arise for our consideration in this complaint are as under:<br /> <br /> Point No. 1 :- Whether the complainant has Proved <br /> the deficiency in service on the part of <br /> the OP?<br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the relief’s now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 5. We have gone through the pleadings of the parties, both oral and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1:- In Affirmative<br /> Point No.2:- Affirmative in part<br /> Point No.3:- As per final Order.<br /> <br /> R E A S O N S<br /> <br /> 6. It is the case of the complainant that he being lured away with the advertisement and propaganda issued by the OP, who promised to float a concept of weeks of time share for a period of 5 years in their own club, resorts and other affiliated clubs and resorts. Complainant trusted the words of the OP and became the member for 8 days 7 nights for himself and his family on 23.08.2008 and paid Rs.25,000/- on the same day. OP accepted his membership and allotted him account No. 38576. The documents like original receipt, brochure are produced. It is further contended by the complainant that thereafter somehow OP failed to provide the said services as promised. Complainant did make several requests and demands, but they went in futile. Thus he was forced to write a letter to the OP on 04.09.2008, then caused the legal notice on 19.09.2008. The copies of the said documents are produced.<br /> <br /> <br /> 7. The evidence of the complainant which finds full corroboration with the contents of the undisputed documents, appears to be very much natural, cogent and consistent. There is nothing to discard his sworn testimony. OP failed to keep up its promise and failed to reply the letters and notice caused by the complainant. The hostile attitude of the OP must have naturally caused both mental agony and financial loss to the complainant, that too for no fault of his. Complainant with a fond hope of enjoying weekend holidays invested his hard earned money, unfortunately he is unable to reap the fruits of his investment. <br /> <br /> 8. As against this unimpeachable evidence of the complainant the defence set out by the OP appears to be defence for defence sake just to avoid their liability. We don’t think in the ordinary course of time the complainant will lodge a false complaint unless there is some deficiency in service on the part of the OP. Complainant invested his hard earned money of Rs.25,000/- thereafter even after lapse of two months or so OP failed to extend the service and provide the benefit and facilities as contemplated in spite of repeated requests and demands made by the complainant. OP without providing the said benefits and facilities retained the said huge amount thereby accrued wrongful gain to itself and caused wrongful loss to the complainant that too for no fault of his. We are satisfied that complainant is able to prove the deficiency in service on the part of the OP. Under such circumstances he is entitled for certain relief. With these reasons we answer point Nos.1 & 2 accordingly and proceed to pass the following: <br /> <br /> <br /> O R D E R<br /> <br /> The complaint is allowed in part. OP is directed to refund Rs.25,000/- with interest at the rate of 7% p.a. from 23.08.2008 till realization and pay a compensation of Rs.2,500/- and litigation cost of Rs.500/- to the complainant. This order is to be complied within 4 weeks from the date of its communication.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 19th day of December 2008.) <br /> <br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> Vln* <br />