Tamil Nadu

StateCommission

FA/347/2012

Mr.Rajasubramanian Sundar - Complainant(s)

Versus

L'AMICALE Club & resort(p) Ltd - Opp.Party(s)

Anand Abdul&Vinod

24 Mar 2015

ORDER

 

 

BEFORE THE STATE CONSUMER DISPUTES REDRESSAL COMMISSION,CHENNAI

BEFORE :  THIRU.A.K.ANNAMALAI                           PRESIDING JUDICIAL MEMBER

                                                     TMT.P.BAKIYAVATHI                                MEMBER                                                                                

F.A.NO.347/2012

(Against the order in CC.No.63/2006, dated 24.02.2011 on the file of DCDRF, Chengalpattu)

DATED THIS THE 24^th DAY OF MARCH 2015

Mr.Rajasubramanian Sundar,

No.9, Crescent Road,

Firm Foundation Apartments,                          M/s.Anand, Abdul & Vinodh

Shenoy Nagar,                                           Counsel for Appellant /Complainant

Chennai 600 030.

-vs-

1.L’Amicale Club & Resort (p) Ltd,

  (Wholly Owned Subsidiary of

  Homefinders Housing Ltd)                            M/s.C.R.Sathindran

  S.No.73/1, Thiruvalluvar Salai,                   Counsel for Respondents 1,2,4 & 5/

  Ramapuram, Chennai 600 089.                  Opposite parties 1,2,4, & 5

2.The Executive Secretary,

   (Wholly Owned Subsidiary of

  Homefinders Housing Ltd)

  S.No.73/1, Thiruvalluvar Salai,

  Ramapuram, Chennai 600 089.

3.Mr.Rajakamal Naidu,

   Vice President,

   (Wholly Owned Subsidiary of                     3^rd Respondent /3^rd opposite party

  Homefinders Housing Ltd)                          Served called absent

  S.No.73/1, Thiruvalluvar Salai,

  Ramapuram, Chennai 600 089.

4.Mr.K.S.Ramalingam,

   Chairman & Managing Director,

   (Wholly Owned Subsidiary of

  Homefinders Housing Ltd)

  S.No.73/1, Thiruvalluvar Salai,

  Ramapuram, Chennai 600 089.

5.Mrs.Kalaichelvi,

   Director,

  (Wholly Owned Subsidiary of

  Homefinders Housing Ltd)

  S.No.73/1, Thiruvalluvar Salai,

  Ramapuram, Chennai 600 089.

          The Appellant is the complainant filed a complaint before the District Forum against the opposite parties praying certain relief.  The District Forum dismissed the complaint.  Against the said order, the appellant / complainant filed this appeal praying for to setaside the order of the District Forum in CC.No.63/2006, dated 24.02.2011.     

          This appeal coming before us for hearing finally on 23.02.2015, upon hearing the arguments on both sides, perusing the documents, lower court records, and the order passed by the District Forum, this commission made the following order.

A.K.ANNAMALAI,  PRESIDING JUDICIAL MEMBER

          The unsuccessful complainant is the appellant.

2.       The complainant paid a sum of Rs.22,040/- in installments to the opposite parties for the purpose of joining a life membership with the opposite party’s club and when the complainant and his family visited the club in the month of November 2005 they were not treated by them properly.   The 1^st opposite party issued a letter dated 2.12.2005 stating that the executive membership is confirmed only subject to the confirmation of Board of Governors of the 1^st opposite party and temporary membership should be cancelled.  Even though he was promised to issue life membership he was given only an executive membership so the complainant alleging deficiency in service against the opposite parties in not issuing club life membership card claiming refund of Rs.22,040/-  with compensation and for costs.

3.       The opposite parties 1 to 5 denied the allegations contended that they have not promised any life membership card to the complainant and he had applied only for  executive  membership which  is different  from the  life membership and never assured any false promise and the membership fees cannot refunded to the complainant for his will and pleasure and the opposite parties 1 to 5 were not liable to pay any compensation to the complainant.

4.       On the basis of both sides materials and after an enquiry the District Forum accepting the contentions of the opposite parties dismissed the complaint observing that the complainant failed to prove the deficiency in service against the opposite parties 1 to 5 in respect of the claim for the life membership to L’Amicale club.  Hence the complaint was dismissed.

5.       Aggrieved by the impugned order the complainant has come forward with this appeal contended that the District Forum erroneously dismissed the complaint without taking into consideration of the materials of the complainant and the 3^rd opposite party in the capacity of the Vice President informed the appellant that the annul membership fee of Rs.1500/- for the year 2006 was being waived off and they promised life membership, but the letter informed only about executive membership and as per the letter dated 2.12.2005 given executive member ship issued subject to the confirmation by the Board of Governors and the temporary membership given to the appellant stands cancelled immediately and there is no provision in collecting for annual subscription and what can be collected is only monthly subscriptions fee and thereby the appellant need not pay the annual subscriptions fee of Rs.1500/- and the monthly subscription fee of Rs.100/- need not paid and monthly subscription fee for the month of December 2005, January and February 2006 were claimed and insisted for producing certain documents even though the complainant complied.  Hence the order of the District Forum is to be set aside.

6.       We have heard both sides arguments and contentions and perused the materials including the order of the District Forum in this regard.  It is the allegation of the complainant that he was approached by the 3^rd and 4^th opposite parties to buy the life membership card and paid a sum of Rs.22,040/- in two installments in the month of November 2005 and after paying the amount when the complainant issued executive membership card with temporary membership subject to the condition of the issuance of membership card to be confirmed by the Board of Governors and thereby the appellant paid membership fee and Rs.1500/- as monthly subscriptions for December 2005, January and February 2006 promised to be waived off.  All the contentions are denied by the opposite parties no assurance given by the opposite parties stating that the complainant had not produced any documents for the same when the opposite parties alleged no such promise or assurance were given and only as per the terms and conditions they collected the amount under rule 18.2 accordingly, the temporary membership card was issued to the complainant on the basis of Ex.A2 mentioning as temporary membership No.E2328 and paid Rs.22,040/- and also requested for certain documents for the purpose of providing dependent membership cards and he was permitted to use the temporary membership card for entering into club and availing facilities when the complainant addressed for asking for the life membership card a letter was sent under Ex.A10 in which it is stated that the complainant had applied for only an executive membership and copy of the terms and conditions of the  membership tariff  provided  to  accept. But  the  complainant  claimed  life  membership which  are  all only on the alleged assurance and promise given by their employees and requested the complainant to collect the executive membership card are all evident under Ex.A1 it is clear that the executive membership and life membership card are entirely different and member who wants to become respective membership has to apply according to the terms and conditions and the executive membership is for 15 years and the life membership is for life which is transferable within 10 years and the fee for the membership also different now which is said to be for Rs.60,000/- at present as per the agreement on the side of the appellant and in those circumstances it is clear that the complainant had applied for only the executive membership facility alone he was promised for using of temporary card which is also cancelled in view of the permanent card made ready which is to be collected from the club as per the  document Ex.A10.  But the complainant had not collected the same alleging that the club insisted for some other documents and as per the rules they are required for the purpose of issuance of dependent card for the family members and even though the complainant alleged that they have already been submitted to the representative which are not proved.  The complainant prayed for refund of membership money in view of the promises are not kept out and he was not issued life membership as assured by the opposite parties 3 and 4 which are not proved by way any materials except the oral pleadings and such promise and assurance are denied by the opposite parties in their version stating that they had not promised for issue for life membership in the club and thereby while considering about the refund of deposit fee  is concerned  under the  rules of  club in Ex.A1  in rule 6.6 it is stated that the membership fee paid by the appellant is not refundable under any circumstances except to the circumstance arising as per the  clause  6.5 in which it is mentioned as “ The Executive Secretary shall communicate such decision of Board of Governors to the provisionally admitted Member.  In the event of Board of Governors decline to admit such provisionally admitted Member, the Membership fee already paid shall be refunded without any deduction and without any interest.”  and in this case the complainant was already admitted for the executive membership for which he was issued temporary card at the initial stage till the approval of Board of governors for issuance of permanent card which was also already made ready and the complainant without collecting the same issued legal notice under Ex.A11 dated 15.3.2006 and thereby it is clear that he was already become a member of the club and cannot claim for refund of the membership as per the above rule.  Further it is argued by the respondents that he already availed the club facilities from October 2005 to January 2006 and thereby after availing service as club member it is not proper to claim for the refund of the membership which is permissible only if the membership is declined or denied.  In those circumstances as pointed out by the District Forum in its order the life membership category and execution membership category were different and distinct one which can be effected only by the approval of Board of Governors of the Club and considering the facts and circumstances of the case the complainant could not be allowed to claim for life membership on the basis of his executive membership without separate application for that purpose for the approval of Board of  Governors of  the Club  in  this  regard.  Hence  we are of the view in view of the foregoing reasons and discussions already made and as per the findings of the District forum the appeal is having no merits which is liable to be dismissed and accordingly

          In the result, the appeal is dismissed by confirming the order of the District Forum in CC.No.63/2006, dated 24.02.2011. Further the complainant is at liberty to continue the membership or to apply for life membership under the rules and regulations of the 1^st opposite party club if so desired.  No order as to costs in the appeal.

 

P.BAKIYAVATHI                                                        A.K.ANNAMALAI

   MEMBER                                                                 PRESIDING JUDICIAL MEMBER

 

INDEX; YES/ NO

VL/D;/PJM/CONSUMER