BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE. (ADDL. BENCH)
DATED THIS THE 25th DAY OF AUGUST, 2023
APPEAL No.2901/2016
PRESENT
SRI RAVI SHANKAR, JUDICIAL MEMBER
SMT. SUNITA C.BAGEWADI, MEMBER
M/s Country Club(India) Ltd.,
No.55/1, (Basement)
Devarabeesanahalli, ... Appellant/s
Marthahalli-Sarjapur Outer Ring
Road, Varthur Hobli, Bangalore-37
Rep. by its Asst. Administrative Manager,
(By Sri.Sreenidhi, Advocate)
-V/s-
Mr.P.A.Issac,
No.10, 8th Main,
Brindavan Nagar, … Respondent/s
Mathikere,
Bangalore 54.
(By Lazar Associates Advocates)
O R D E R
BY SMT. SUNITA C.BAGEWADI, MEMBER
This appeal is filed by the appellant/Opposite Party being aggrieved by the order dated 7.9.2016 passed by the 2nd Addl. District Consumer Commission, Bengaluru in CC.No.2484/2012 and prays to set-aside the order and grant such other relief as deemed fit.
2. The case of the complainant in brief is that the opposite party has engaged in hospitality business and under one of the membership scheme, complainant had initially taken a ordinary membership termed as Master Card Life Membership by paying fee of Rs.15,000, vide receipt Nos.23688 dated 19.07.2002, receipt No.P110, dated 08.05.2004 and receipt No.70789 dated 01.08.2005 and further upgraded the same to become a Cool Card Member by paying a sum of Rs.85,000/- vide receipt No.17291 dated 23.08.2006 and hence the total amount paid by the complainant towards getting a Membership from the opposite party was Rs.1,00,000/-and the membership number allotted was Cool CG3641. As per letter dated 30.05.2007 some benefits were offered to the complainant, they are; a) One week complementary stay at RGBC Goa; b) Two nights and Three days complementary stay at Bushbetta Wild Life Resort in Bandipur; c) Two Nights and three days free stay at the opposite party’s Resort in Goa with one way flight ticket to Goa and d) A site measuring 1089 Sq. Ft. information of the benefits were provided to the complainant. Opposite party offered a site measuring 2178 sq. feet at Coconut Groovee if the complainant introduced two new members byname K.C.Ramesh and M.Nagesh. It was on the promise of getting two sites i.e., one site on becoming a member and another site on introducing two new members to the opposite party. Complainant decided to upgrade the membership and updated for the Cool membership offered by the opposite party. Opposite party failed to allot two sites in favour of the complainant and failed to refund the amount when demanded for refund by the complainant. Opposite party has not informed the complainant about the exact address of the premises/sites and simply stated in their letter dated 30.05.2007, that the complainant was allotted a site measuring 1089 sq. feet and a complementary site measuring 2178 sq. feet at Country Club, Coconut groove and no site number or the location or the place are mentioned. With the averments, complainant failed to pay the registration charges and other maintenance charges to the extent of Rs.20,000/. Opposite party has not executed the deed pertaining to membership. On 10.09.2012 opposite party sent legal notice demanding registration charges for the registration of the plot. Complainant demanded for return of amount, but there was no proper response from the opposite party. Hence, this complaint.
3. Upon service of notice, opposite party appeared before this Forum and filed its version contending that opposite party is carrying on the hospitality business and has established several clubs and resorts across the country and abroad and is proving good service to its members. The opposite party has got tie up with leading clubs and resorts across the country. Opposite party introduced a scheme name Mr.Cool Card Members. A member of the club under the said scheme would get the facilities like;
1. Country Club Cool Life Membership
2. Complementary Plot
3. Holiday package of 2 nights 3 days stay in Bandipur,
Bush Betta.
4. 3 days 2 nights in Country Club De-Goa with one
way Air Ticket of couple and even food and pick up
and drop is taken care.
5. Access to all the Clubs in India and other facilities.
6. Non refundable membership fee.
Initially complainant become a member under BLGCP scheme by paying a membership fee and was allotted membership bearing No.BLGCP4346. Thereafter complainant having learnt about the facilities and benefits provided under Cool Scheme applied for membership under Cool Scheme and had paid a remaining amount towards cool membership fees. Thereafter opposite party issued membership card bearing No.CG3641. Opposite party issued Allotment letter and Welcome Letter in favour of the complainant. In the membership application form, welcome letter and also in the allotment letter, the opposite party had specifically informed the complainant that the complementary plot allotted would be registered only on payment of the full membership fee and registration and maintenance charges. Opposite party further informed the complainant to deposit a sum of Rs.20,000/towards registration charges along with other charges for maintenance. Opposite party purchased several lands in their favour and subsequently they would execute necessary gift deeds concerning the free complementary plot in favour of the eligible members. Opposite party had given paper publication on 28.05.2011 in Deccan Herald and Prajavani regarding the allotment and registration of the complementary sites to its members who have not got their plot registered are requested to contact M/s Amrutha Estates & Hospitality Pvt. Ltd., along with their membership card, Letter of allotment and currently applicable registration charges, latest by 09th June, 2011 to get their plots registered. Complainant did not pay the amount of Rs.20,000/- in respect of registration of the complementary site and annual administration charges. If complainant paid said charges, the opposite party is ready to execute a gift deed in respect of complementary site in favour of the complainant at Coconut Groove, 15th Extension, Rathnasandra Village, Tumkur District. If there is any breach of service, it is in terms of complementary offer, such alleged breach by no stretch of imagination, be considered as a breach of the original service agreed to be provided by the opposite party. Since the complainant has not paid any consideration for the complementary plot his grievance in the complainant being not allotting the plot does not come under the meaning of Consumer. A complementary plot was not registered just because complainant failed to pay the remaining membership fee and the registration and miscellaneous charges, inspite of several reminders. As per the terms and conditions, in case the full amount of membership fee is not remitted within 45 days of allotment of membership, then money remitted till then would be forfeited by the club and membership allotted if any would be cancelled. As per clause 15 of the terms and conditions, only
Courts of Secunderabad and Hyderabad will have jurisdiction in case of disputes arising if any. Therefore, prayed for dismissal of the complaint.
4. After trial, the District Consumer Commission has allowed the complaint along with compensation and litigation expenses.
5. Being aggrieved by the said order, the appellant/Opposite Party has preferred this appeal on various grounds.
6. Heard.
7. Perused the appeal memo, order passed by the District Consumer Commission and materials on record, we noticed that, it is not in dispute that the respondent become the member with the appellant and had paid a sum of Rs.1,00,000/- towards his membership and membership number is allotted to him vide COOL CG 3641. It is not in dispute that the respondent introduced two members by name K.G.Ramesh and M.Nagesh, which has been acknowledged by the appellant vide letter dated 30.05.2007 and appellant assured the respondent that, he will be given two complementary sites to him.
8. The allegations of the respondent is that the appellant has failed to register the two complementary sites as promised in favour of respondent and also appellant has not informed the exact address of the sites, no site number mentioned in the letter dated 30-5-2007.
9. Per-contra the appellant contended that in membership application and welcome letter he had specifically informed to the complainant that the complementary plot allotted would be registered only on payment of full membership fee and register and maintenance charges. Subsequently, the appellant informed the respondent to deposit Rs.20,000/- towards registration charges and also the appellant had given a paper publication on 28-5-2011 in Deccan Herald and Prajavani regarding the allotment and registration of the sites and requested to contact M/s Amrutha Estates and hospitality private limited along with membership card. However, the respondent has not came forward and if the respondent ready to pay Rs.20,000/- , the appellant is ready to execute a gift deed at Coconut Groove, 15th extension, Rathnasandra village, Tumkur district.
10. Perused the order passed by the District Commission, we noticed that the appellant has not produced any membership card allotment of complementary plots, membership application etc. to show that there is specific condition that the appellant has informed the respondent that the complementary plots allotted would be registered only on payment of full membership fee, registration and maintenance charges and also the appellant has not produced a paper publication dated 28-5-2011 regarding allotment and registration of complementary sites to show that the appellant has issued notice to pay registration charges within 15 days without specifying the plots number. If the appellant has allotted the sites to the respondent then it is his duty to register the sites by obtaining registration charges from the respondent, but the appellant has failed. Moreover, the respondent has not taken hospitality service of appellant such as a) One week complementary stay at RGBC Goa; b) Two nights and Three days complementary stay at Bushbetta Wild Life Resort in Bandipur; c) Two Nights and three days free stay at the opposite party’s Resort in Goa with one way flight ticket to Goa. Hence without giving service the appellant has no right to keep the hard earned money of the respondent with him. Anyhow the appellant in his objection in lower court and also in argument before us stated that if the respondent paid registration charge, appellant is ready to execute the gift deed in respect of complementary sites at Coconut Groove, 15th extension, Rathnasandra village, Tumkur district.
11. Consider the submission of the appellant, it is right to direct the appellant to register the sites allotted to the respondent, if the respondent is ready to pay the registration charges within 60 days. If the respondent is not ready to pay the registration charge, the appellant is directed to pay Rs.1.00 lakh to the respondent along with 9% interest from 23-8-2006, till realization. Accordingly the appeal is dismissed and the order passed by the District Consumer Commission is modified. Hence, we proceed to pass the following:-
O R D E R
The appeal is hereby dismissed.
The impugned order dated 7-9-2016 passed by the 2nd Addl. District Consumer Disputes Redressal Commission, Bengaluru in CC.No.2484/2012 is modified as under;
The Opposite Party is directed to register the site allotted to the complainant, if the complainant is ready to pay the registration charges within 60 days, if the complainant is not ready to pay the registration charge, the Opposite Party is directed to pay Rs.1.00 lakh to the complainant along with 9% interest per annum from 23-8-2006, till realization.
The Opposite Party is further directed to pay compensation of Rs.10,000/- for deficiency in service and Rs.10,000/- as litigation expenses.
The Opposite Party is further directed to comply the above order within 60 days from the date of receipt of this order.
Send a copy of this order to both parties as well as concerned District Commission.
Lady Member Judicial Member
Jrk
