BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, LUDHIANA. Complaint No: 516 of 28.08.2015. Date of Decision: 27.01.2016. Anil Lekhi aged about 54 years S/o. Sh. Jaidev Krishan Lekhi, R/o. 168-C, Kitchlu Nagar, Ludhiana. ..… Complainant Versus 1. M/s. AKME Projects Limited, a company incorporated under the Companies Act, 1956 presently having its registered office at B-1/E-3, Mohan Co. Operative Industrial Area, Ph-1, New Delhi-110044 having its site office at Ludhiana Chandigarh Road (NH 95) Village Jandiali, Ludhiana-141012. 2. Sh. Anil Nanda, Managing Director M/s. AKME Projects Limited, C/o. Ludhiana Chandigarh Road (NH 95) Village Jandiali, Ludhiana-141012. …..Opposite parties Complaint under the Provisions of Consumer Protection Act, 1986 QUORUM: SH. G.K. DHIR, PRESIDENT SH. S.P. GARG, MEMBER COUNSEL FOR THE PARTIES: For complainant : In person. For OPs : Exparte. ORDER PER G.K. DHIR, PRESIDENT 1. Complaint under Section 12 of The Consumer Protection Act, 1986 (herein-after in short to be referred as ‘Act’) filed by alleging that the complainant booked plot measuring 211.67 square yards with OP1 by executing agreement dated 03.10.2011. Plot No.335 in BRISTOL BLOCK was allotted to complainant against consideration of Rs.22,86,036/- . Sale deed on the basis of the agreement was executed in favour of complainant on 28.03.2013. At the time of execution of sale deed, it was represented to the complainant that OPs will provide facilities with respect to club having state of the art amenities like health and spa, sports, food courts etc. After registration of the sale deed, a demand notice dated 02.09.2013 was received by complainant from Ops for demanding Rs.2,78,150/- on account of facilitation charges for some services regarding water connection, sewerage charges and club charges etc. Club membership fee of amount of Rs.1,00,000/- for 5 years with offer of life membership on payment of Rs.1,50,000/- was also put forth to the complainant, to which he agreed and deposited Rs.1,95,000/- including Rs.1,50,000/- as membership fee. That amount was deposited through cheque No.245152 dated 24.01.2014 drawn on State Bank of India, Fountain Chowk, Civil Lines, Ludhiana. That amount was acknowledged by Ops vide receipt No.2120 dated 24.01.2014. Even after lapse of 1½ year, Ops failed to provide the facility of club. Complainant kept on requesting Ops to refund the amount back because the facility of club has not been provided. Thereafter on 05.06.2015, a legal notice through counsel was served for demanding refund of club membership fee along with interest and cost of legal notice, but to no effect. By pleading deficiency in service, refund of Rs.1,50,000/- along with illegally charged amount of Rs.26,460/- on account of interest and service tax amount of Rs.18,540/- sought. This refund sought with interest @18% per annum. Compensation of Rs.50,000/- for mental agony and harassment even claimed. 2. Ops did not appear despite presumed service due to non return of the postal covers within 30 days of dispatch. Both the Ops were proceeded against exparte vide order dated 14.10.2015. 3. Complainant to prove his case tendered in evidence his affidavit Ex. CA along with documents Ex. C1 to Ex. C8 and Mark-A to Mark-E and thereafter, counsel for complainant closed evidence. 4. Written arguments have not been submitted, but oral arguments addressed by complainant in person. Record carefully gone through. 5. Copy of plot Buyer’s agreement Ex. C1 along with that of demand draft Ex. C2, receipts Ex. C2/1, Ex. C3 and Ex. C4, of sale deed dated 28.03.2013 Ex. C5 have been produced on record for establishing that the complainant purchased the plot on payment and thereafter the registered sale deed was executed in favour of complainant by Ops. Ex. C4 is the receipt, which establishes that club membership fee for life time of Rs.1,50,000/- along with interest of Rs.26,460/- got deposited from complainant. In all Rs.1,95,000/- including service tax of Rs.18,540/- was got deposited from complainant through Ex. C4. Service tax goes in coffers of State Government and same is not returnable. As such in view of the fact that though club membership fee along with interest charged from complainant, but despite that said facility is not provided, it is obvious that there is deficiency inn service on the part of OPs. So the complainant is entitled to refund of Rs.1,76,460/- i.e. club membership fee of Rs.1,50,000/- along with interest of Rs.26,460/- charged through Ex. C4. Demand notice dated 09.02.2013 issued by OP1 is on record to show that club membership fee has been charged as per agreement and standard industry practices. In this letter it is recorded that in every big township, the Club House is an integral and essential part and that is why said fee is charged. That amount has to be deposited by complainant in view of pressure exerted upon him as revealed by contents of letter Mark-D. So virtually claim of complainant is believable that he was forced to pay the club membership fee of Rs.1,50,000/- along with interest. 6. As per clause 2.3.2 of agreement Ex. C1, consideration for the plot does not include the charges for club membership fee. Rather it is mentioned in clause 2.3 that these charges are payable additionally as and when demanded by the company. So that clause 2.3 also shows as if the above referred club membership fee charged and interest has to be paid by complainant on demand by Ops. 7. Through letters Mark-A and Mark-B, the complainant called upon the Ops to provide the facility of club, which has not been provided despite acceptance of amount from him. Through Mark-C complainant called upon Ops to charge club membership fee only as and when they get occupation of the allotted plot. Mark-D is other document which shows that the club membership fee to be not linked with possession of the plot because sale deed has already been executed on 28.03.2013. Final request regarding non charging of the club membership fee put forth through Mark-E. In the maintenance agreement Ex. C7, mention regarding charging of club fee not made, is the contention of the complaint. As club facility not provided despite acceptance of club membership fee on 24.01.2014 and as such certainly there is deficiency in service on the part of Ops, owing to which complainant is entitled to refund of Rs.1,76,460/-, the amount paid towards club membership fee and interest. As the complainant had to pay this amount under pressure and Ops used the said amount for their commercial activities without discharging their obligation of providing club facility and as such, the complainant has suffered mental agony also. So compensation of Rs.10,000/- for mental harassment of complainant and litigation expenses of Rs.5000/- should be awarded in favour of complainant and against Ops. 8. As a sequel of above discussion, the complaint allowed exparte with direction to Ops to pay Rs.1,76,460/- along with interest @ 7.5% per annum from 25.01.2014 till recovery. Compensation of Rs.10,000/- on account of harassment along with litigation costs of Rs.5000/- allowed in favour of complainant and against the Ops. These payments be made within 30 days from the date of receipt of copy of order. Copies of order be supplied to parties free of costs as per rules. File be indexed and consigned to record room. (Sat Paul Garg) (G.K. Dhir) Member President Announced in Open Forum. Dated:27.01.2016. Gobind Ram.