COMPLAINT FILED ON:24.01.2011
DISPOSED ON:30.11.2011.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
30th DAY OF NOVEMBER-2011
PRESENT:- SRI. B.S.REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI.A.MUNIYAPPA MEMBER
COMPLAINANT | Lt.Col.Gian Chand Sharma, 54 Infantry Div Sig Regt(AREN), PIN-917854, Care of 56 Army Post Office. Advocate: Sri.N.S.Anand V/s. |
OPPOSITE PARTY | Managing Director, The Country Club, No.273, I Main Road, Defence Colony, HAL 2nd Stage, Indiranagar, Bangalore-560 038. Advocate:Sri.G.A.Gopi. |
O R D E R
SRI. B.S.REDDY, PRESIDENT.
This is a complaint filed u/s. 12 of the C.P. Act of 1986 seeking direction against the Opposite Party (herein after called as OP) to pay an amount of Rs.1,65,000/- with interest at 18% p.a., to pay an amount of Rs.40,000/- traveling expenditure and an amount of Rs.25,000/- compensation towards mental agony on the allegation of deficiency in service on the part of the OP.
2. The case of the complainant to be stated in brief is that:-
The complainant being attracted by the offers of OP became Mr.Cool Privilege Card member of the OP. The offers were free plot in coconut groove country club at Tumkur. Family package of 7 days including boarding lodging, free flight ticket to country club De Goa. Family package at Bush betta for 3 days. The complainant paid an amount of Rs.1,15,000/- towards membership fees and OP has issued the receipt for the same. The complainant wrote to OP many times regarding registration of free plot and free air ticket and holiday at Country Club De Goa and Bush Betta but they never responded to the same. OP neither provided the plot nor arranged for Air Ticket and holiday in Goa in last Four and half years. The OP sent two letters dt.20.06.2009 for booking of 2 sites No.1426 and 1427 at Phase XVIII for which they asked for Rs.20,000/-.The complainant visited OP in October-2010 and then OP asked for Rs.50,000/- for registration of a plot, the complainant paid the same by way of cheque dt.12.11.2010. Op registered a plot in his name by executing the gift deed through some unknown person. OP had not given him the plot promised. The plot given is situated at 60 Kms away from the said plot in a jungle. There is no road, water and electricity supply for the same. The title deed is not proper, the plot is worth of Rs.33,000/- and is not equal to the amount of Rs.1,65,000/-. The complainant intends to return the waste and useless land to the OP. OP has cheated the complainant. The complainant is working in Jamu and Kashmir, he has visited Bangalore for the same reason 8 times and he has lost over Rs.40,000/- during his visits. Further he has incurred an expenditure of over Rs.2,00,000/- due to the mistakes of the OP. The complainant has also suffered mental agony. Hence, the complaint seeking the relief’s stated above.
3. On appearance OP filed version contending that the OP has already registered two complimentary plots vide Gift deeds dt.19.11.2010 in favour of the complainant. The complainant cannot seek for refund of the amount without seeking for cancellation of the registered gift deed. This Forum has not jurisdiction to order for cancellation of any registered documents. The complaint is not maintainable. The plot allotted under the Cool Scheme is complimentary gift and membership is collected for providing facilities. No consideration has been collected for the allotting complimentary plot. The complainant became member only to enjoy the club facilities provided by OP. The membership fee paid is non refundable, there is no deficiency of service on the part of OP, since OP acted according to their promises by providing all the services to the complainant and by registering the complimentary site and that the complainant enjoying facilities provided by OPs in their clubs. It is false to state that the complainant wrote to OP regarding registration of complimentary plot and for free trip. The alleged letters produced by the complainant at Annexure-B are denied by the OP. The complainant in the month of November 2010 approached the OP for registration and had agreed for the registration of the plots at Phase XVII, coconut Grove and thereafter had wrongly deposited a sum of Rs.50,000/- instead of Rs.30,000/-. OP had registered two complimentary plots, the payment excess amount towards the registration charges, was not brought to the notice of the OP, only after filing this complaint, OP came to know about the same. OP is ready to return the excess payment of Rs.20,000/- to the complainant. It is denied that OP has not provided free trip to the complainant. The complainant to book the free trip by calling customer care Department. Now the booking of the holiday trips could be done through online by visiting the web site of the OP and that the members can know the availability of the rooms etc through the said web site. The complainant has not requested for the free trip as such the complainant cannot blame the OP for the same. The complainant having utilized all the services provided by OP is now trying to coerce the OP by filing the present complaint. Hence it is prayed to dismiss the complaint with exemplary costs.
4. In order to substantiate the complaint averments filed affidavit evidence and produced documents. The Assistant Administration Manager of OP filed affidavit evidence in support of the defence version.
5. Arguments on both sides heard.
6. In view of the above said facts the points now that arise for our consideration in this complaint are as under:
Point No.1:-Whether the complainant has proved the deficiency in service on the part of the OP?
Point No.2:-If so, whether the complainant is
entitled for the relief’s now claimed?
Point No.3:-To What order?
7. We record our findings on the above points are:
Point No.1:-Affirmative
Point No.2:-Affirmative in part
Point No.3:-As per final order.
R E A S O N S
9. At the out set it is not in dispute that the complainant became member of OP-Club by paying an amount of Rs.1,15,000/- and OP has issued the receipt on 19.06.2006 acknowledging the receipt of the amount. The grievances of the complainant is at the time of becoming member, OP assured to provide free plot of 1089 Sq.ft in coconut groove country club at Tumkur, Family package of 7 days including boarding lodging, free flight ticket to country club De Goa and family package at Bush betta for 3 days. The registered gift deed has been executed by OP on 18.11.2010 through its sister concern Amruth Estate in respect of 2 sites bearing No.167 and 156 situated at Coconut Groove Phase XVII of Taggihalli Village, Kasaba Hobli, Sira Taluk, Tumkur District. The market value of plots is Rs.33,000/- thus it becomes clear that OP fulfilled its obligation of allotting free sites by executing registered gift deed in favour of the complainant. The copy of the orders in Appeal No.3898/2010 produced by OP clearly goes to show that when there is a registered gift deed, any grievance in respect of the same, the remedy available is elsewhere but not before the Consumer Forum. In view of the same, the grievances of the complainant that the sites covered under the gift deed are not developed with amenities like connectivity, electricity and water the same are in a jungle, cannot be taken into consideration.
9. The complainant has produced paper cuttings and the letters dt.10.08.2011 and 18.11.2011 addressed to OP requesting to book family package tour to Goa and bush betta. It is stated that OP has not fulfilled the obligation to provide the facilities of family package of 7 days, free flight ticket to country club De Goa and family package to Bush Betta. In purview OP is prepared to fulfil the said obligations, the complainant can avail the said facilities by calling Customer Care Department as stated at Para-23 of the version. It is stated that the holiday trip would be done through online by visiting website of OP and the members can know the availability of the rooms etc through the website. Thus the complainant can avail the said facilities by booking the holiday trips.
10.OP at Para-23 of the version has admitted that the complainant has wrongly deposited sum of Rs.50,000/- instead of Rs.30,000/- towards registration charges. OP is prepared to refund the excess amount of Rs.20,000/-to the complainant. Along with the complaint, the complainant has produced the letter at Annexure-B, requesting OP to air ticket to Goa for the complainant and his family in the month of December-2007 as per letter dt.19.10.2009 and further as per letter dt.19.05.2009 the complainant addressed letter to OP stating that in spite of paying the entire amount of membership neither the plot was registered nor Goa trip and bush betta has been completed and he has to withdraw his membership. There is no merit in the defence that OP has not received these request letters. In spite of receipt of the letters OP has not provided the said services to the complainant. The complainant got issued legal notice on 24.11.2010 demanding to refund the membership amount with interest at 18% p.a. stating the details as to how OP failed to provide the facilities assured. OP has not replied for the said notice. Thus it becomes clear that OP failed to fulfil its promise of family package 7 days, free air ticket to country club De Goa and family package to Bush betta, which clearly amounts to deficiency in service on the part of the OP.
11. Out of an amount of Rs.50,000/- deposited by the complainant towards registration charges an amount of Rs.30,000/- has been used for registration of the gift deed. The complainant is entitled for refund an excess amount of Rs.20,000/-. Further the complainant has paid Rs.1,15,000/- towards membership fee. Two sites registered under the gift deed are worth of Rs.33,000/-.Taking into consideration all the facts and circumstances we are of the view that OP is to be directed to comply the assurance of family package free air ticket to country club De Goa and family package at Bush Betta for 3 days. Accordingly we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part.
OP is directed to refund an amount of Rs.20,000/- to the complainant and comply the assurance of family package of 7 days including boarding, lodging, free flight ticket to Country Club De Goa and family package at Bush Betta for 3 days and pay litigation cost of Rs.2,000/- within 8 weeks from the date of this order.
Send copy of this order to both the parties free of costs.
(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 30th day of November-2011.)
MEMBER MEMBER PRESIDENT
Cs.
