COMPLAINT FILED:03.12.2010

DISPOSED ON.02.02.2012.

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

2^nd DAY OF FEBRUARY 2012

       PRESENT :-SRI. B.S.REDDY                  PRESIDENT                        

                         SRI.A.MUNIYAPPA                   MEMBER              

O R D E R

SRI. B.S.REDDY, PRESIDENT

The complainants filed this complaint U/s. 12 of the Consumer Protection Act of 1986 seeking direction against the Opposite Parties (herein after called as O.Ps) to refund an amount of Rs.1,17,500/- with interest amount of Rs.50,000/- on the allegations of deficiency in service on the part of OPs.

2.         The brief averments made in the complaint are as follows:

The complainants purchased 5 years Country vacations Holiday Scheme which includes 1089 sq.ft plot and life time country club membership in the name of 2^nd complainant vide membership No.CV(36DTB-0068) dt.28.09.2007 for Rs.1,19,000/-. The complainants paid entire amount of Rs.1,19,000/- including a discount of Rs.1500/- through cheques. The Ops are creating problems like not depositing cheques, misplacing cheques, not allotting plot near Bangalore, as per their commitment. In the meanwhile, the Police Commissioner, Bangalore released a statement to Public in the newspaper about black listing of country club group and instructed grievance members to file a complaint in Police Station. The complainants went to CCB Office to file complaint. There representative of the country club requested not to file complaint with a promise to refund of entire membership amount. The complainants met ORD Officer of the OP1 Senior Manager and he promised to refund an amount within 15 days, but till date the amount is not refunded. OP2 is the Managing Director of the Club, the complainants also brought to the notice of OP2. Thus the complaint.

3. During the pendency of the complaint, the complainants No.2 was impleaded.

4.On appearance OPs filed version contending that the complaint is not maintainable, there is no cause of action, the complaint is vague, bald and the same is devoid of merits. It is admitted that the complainants purchased 5 years vacations holiday vide membership No.CV(36DTB-0068) dt.28.09.2007 for Rs.1,19,000/- in the name of 2^nd plaintiff. Ops received total sum of Rs.1,17,500/- under various instalments. It is denied that since beginning Ops created the problems like not depositing xcheques, misplacing of cheques, not allotting plot near Bangalore as per their commitment. It is denied that the officers of the Club assured to refund the amount. It is stated that the amount of Rs.1,17,500/- was received from the complainants under various instalments from 01.10.2007 to 21.04.2009. Ops assured the complainants a complimentary plot measuring 1089 sq.ft in Tumkur or alternative at Vedic Spa in Hindupur and also the vacation for 5 years on purchase of Club-Membership. Pursuant to the said promise this Ops allotted the plot No.417 situated at Vedic Spa, Hindupur, to the complainants. Ops have not induced the complainants nor made any false promises. The complainants entered into the purchase agreement dt.28.09.2007 with these Ops. In terms of the Clause-9 and 10 of the agreement, there is no provision for cancellation of the agreement Club membership. The complainants are at liberty to sell or transfer or gift the Club Membership to any 3^rd party. There is no deficiency in service on the part of the Ops. The Ops got obtained the conversion of land and is ready to execute the necessary documents in respect of the plot agreed. The complainants in order to avoid annual maintenance charges have filed the false and frivolous complaint. Ops are providing best services in their field without any blemish. The complainants are not entitled for any relief’s, the complaint is liable to be dismissed with exemplary costs. The complainants are enjoying the benefits and services of the Club membership and they are due towards maintenance charges of Rs.7991/- to the Ops for the period 2008 and 2010. The main benefits for Club Membership and a Holiday/vacation package. Ops offer yearly 1 week accommodation in their property totally free of cost. The club membership is for Life Time. Ops even now are ready to execute necessary documents in respect of the plot already allotted to the Ops. Hence it is prayed to dismiss the complaint.

5. The complainants in order to substantiate complaint averments, both of them filed affidavit evidence. OP1 filed affidavit evidence in support of the defence version.

6. Arguments on both sides heard.

7. 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 complainants have

                     Proved the deficiency in service on the      

                      part of  the OPs?

     Point No. 2 :- If so, whether the complainant is

                    entitled for the relief’s now claimed?

     Point No. 3 :- To what Order?

8.         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 at dispute that complainants purchased 5 years Country Vacations Holiday Scheme in the name of complainant No.2 vide membership No.CV(36DTB-0068) dt.28.09.2007 for Rs.1,19,000/- and paid an amount of Rs.1,17,500/- on various dates from 01.10.2007 to 21.04.2009 through cheques. OP1 is the Senior Manager and OP2 is the Managing Director of Country vacations. The complainants purchased country vacations Holiday Scheme through Country Vacations Branch at Jayalakshmi Chambers, Jayanagar 7^th Block, Bangalore. The purchase agreement has been executed on 28.09.2007. The purchase agreement stands in the name of 2^nd complainant. The grievance of the complainants is that at the time of purchase of the membership, OPs assured to allot a plot near Bangalore and provide other facilities but after receiving the entire amount Ops failed to fulfill their obligations by allotting the plot and providing the facilities of tour benefits. In the meanwhile the Commissioner of Police, Bangalore issued a Press Statement on 24.07.2009 in Times of India regarding the Ops i.e., Country Club and other 4 companies having cheated the people by promising the sites and receiving the amount. Therefore, these complainants demanded for refund of the amount, as Ops failed to allot the site as assured and failed to provide other facilities of arranging tours. In spite of legal notice issued Ops neither complied the demand nor replied for the notice, as such the complainants were compelled to approach this Forum seeking refund of the amount.

10. There is no merit in the defence that the membership fee paid is nonrefundable and OPs have already allotted plot No.417 at Vedic Spa, Hindupur and prepared to execute the deed conveyance in favour of the complainants. Ops have not produced any material to show that any property has been acquired by country vacations and any approved layout has been formed. There is no any allotment letter issued in favour of the complainants for having allotted site No.417. Ops produced copy of the agreement of Sale-Cum-General Power of Attorney with regard to certain lands executed by the land owners in favour of one V.S.Jayakumar Employee of M/s Amrutha Estates. On the basis of the said document, we are unable to accept that the country vacations has acquired any land and formed any layout. The letter dt.08.10.2007 addressed by country vacations to the complainant No.2 states that the complainant No.2 would get a plot of 1089 sq.ft at Vedic Spa, Penugonda Hindupur, the plot allotted would be register within 18 months from the date of full payment of membership fee. Without there being any material regarding any of the lands acquired by country vacations and any conversion order with approved layout plan, we are unable to accept that Ops are prepared to execute the conveyance deed in favour of the complainant No.2. The complainants were made to purchase the membership with an assurance of allotting a complimentary plot and made the complainants to part with huge amount of Rs.1,17,500/-. The act of Ops neither allotting any plot and registering the same in favour of the complainant No.2 nor refunding of the amount paid amounts to unfair trade practice and deficiency in service on their part. Thus we are of the view that the complainants are entitled for refund of the amount paid with interest at 18% p.a. by way of compensation from the respective date of payments, till the date of realization along with litigation cost of Rs.2,000/-. Accordingly we proceed to pass the following:

O R D E R

The complaint filed by the complainants is allowed in part.

Ops are directed to pay an amount of Rs.1,17,500/- with interest at 18% p.a. from the respective date of payments till the date of realization and pay litigation cost of Rs.2,000/- to complainants.

This order is to be complied within four weeks from the date of its communication.

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 2^nd day of FEBRUARY-2012.)

MEMBER                                                                   PRESIDENT

Cs.