Andhra Pradesh

Visakhapatnam-II

CC/318/2012

T. Lakshmi Durga - Complainant(s)

Versus

M/s Country Club (India) Limited - Opp.Party(s)

N.R.K. Raju

15 Jul 2015

ORDER

                                              Date of Registration of the Complaint:03-10-2012 

                                                                                                Date of Order:15-07-2015

BEFORE THE DISTRICT CONSUMERS FORUM-II AT

                                VISAKHAPATNAM

 

P  r  e  s  e  n  t:

1.  Sri H. Ananda Rao, M.A., L.L.B.,

     President           

2. Smt K. Saroja, M.A. B.L.,

     Lady Member 

                                3. Sri C.V. Rao, M.A., B.L.,

                                     Male Member

 

                              Wednesday, the 15^th day of July, 2015.

                                 CONSUMER CASE No.318/2012

Between:-

Smt. T. Lakshmi Durga, W/o T.V. Rama Rao,

aged 40 years, residing at 1^st Floor, Flat No.5,                          

Abhilash Enclave, China Waltair, Visakhapatnam-17.

                                                                                         ….. Complainant

And:-

1.M/s. Country Club (India) Ltd.,

   (Regd. Office at Hyderabad), Near Diamond

   Park, Dwarakanagar Main Road, Visakhapatnam-16,

   rep. by its Authorised Signatory.

2.M/s. Country Club India Ltd., regd. Office at

   Amrutha Castle, 5-9-16, Saifabad, Hyderabad-500 063,

   rep. by its Authorised Signatory.

                                                                                        …  Opposite Parties

                     

This case coming on 09.07.2015 for final hearing before us in the presence of Sri N.V. Raju, and Sri P.S. Prakash, Advocates for the Complainant and  Sri Logadala Krishna  and Karri Parthasaradhi, Advocates for the Opposite Parties and having stood over till this date for consideration, this Forum made the following:

 

                                                ORDER

        (As per Smt. K. Saroja Honourable Lady Member on behalf of the Bench)

 

1.       The case of the Complainant in brief is that the Complainant paid an amount of Rs.25,000/- on  07.04.2012 to the 1^st Opposite Party towards the Membership fees and the Membership No.CC144 # 075 was issued by the 1^st Opposite Party.   The Opposite Parties the Complainant have also entered into purchase agreement towards club membership dated 7.4.2012.   The 1^st Opposite Party informed the Complainant that they will issue ID Cards to her family but the Complainant did not receive the ID Cards till now.   The Complainant approached the 1^st Opposite Party on several occasions on 2.5.2012, 3.5.2012 and 5.5.2012.   But the 1^st Opposite Party did not respond for the same.   Then the Complainant issued a legal notice dated 14.08.2012, received the notice and gave any phone calls to the Complainant they would comply with the demands of the Complainant and relief the issue, but there is no settlement till now.   Hence, this complaint.    

2.       a) Directing the Opposite Parties 1 and 2 to pay the amount of Rs.25,000/- (Rupees Twenty five thousand only) to the Complainant being the amount initially collected by the Opposite Parties 1 and 2 along with interest thereon @ 24% per annum from 07.04.2012 till the date of final payment;

          b) For an amount of Rs.1,00,000/- (Rupees One lakh only) towards compensation for the deficiency of service caused by the Opposite Parties resulting in mental agony and deprived of enjoyment and entertainment and financial hardship caused to the Complainant;

          c) For an amount of Rs.10,000/- (Rupees Ten thousand only) towards the costs of this complaint; and

d) For such other relief or reliefs as the Forum deems fit and proper in the circumstances of the case.

         

3.       The Opposite Parties strongly resisted the claim of the Complainant by contending, as can be seen from their counter.    The 2^nd Opposite Party adopted the counter of the 1^st Opposite Party by filing a memo.   The Complainant did not pay the entire amount to the Opposite Parties.   So, there is no deficiency in service on the part of the Opposite Parties.    So, they have no liability to pay any reliefs asked by the Complainant.

 

4.       At the time of enquiry, both parties filed affidavits as well as written arguments to support their contentions.   Exs.A1 to A7 are marked for the Complainant.   No documents were marked for the Opposite Parties.    Heard both sides.

 

5.       Ex.A1 is the original Purchase Agreement for Club Membership between the Complainant and the Opposite Parties dated 07.04.2012.   Ex.A2 is the original Holiday Gift Voucher issued by the Opposite Parties dated 07.04.2012.    Ex.A3 is the online Complaint dated 05.05.2013.  Ex.A4 is the original Postal Receipts dated 14.08.2012.    Ex.A5 is the office copy of Registered Lawyer’s Notice addressed by the Complainant’s counsel to the 1^st Opposite Party dated 14.08.2012.   Ex.A6 is the photo copy of Bank Pass Book and Statement 29.03.2012 to 21.07.2012.  Ex.A7 is the Original Postal Acknowledgement (2) from the 1^st and 2^nd Opposite Parties dated 17.08.2012.  

 

6)      The fact shown from Ex.A1 reveals that the Complainant paid an amount of Rs.25,000/-  towards purchase price and entered into an agreement with the Opposite Parties on 7.4.2012. 

 

 

7.       The point that would arise for determination in the case is:-

Whether there is any deficiency in service on the part of the Opposite Parties.   Whether the Complainant is entitled to any reliefs asked for?

 

8.         After careful perusal of the case record, this Forum finds that the Complainant joined as a member in the Opposite Parties’ Club as per their agreement dated 7.4.2012.   Though the Opposite Parties received an amount of Rs.25,000/- they did not issue any ID Card to the Complainant till now.   It amount to deficiency in service coupled with unfair trade practice on the part of the Opposite Parties.   The Opposite Parties did not file any documents to support their contentions.   Moreover, they failed to prove that they issued ID Cards to the Complainant earlier.   Whereas, in the counter they denied all the allegations made by the Complainant.   The Complainant relied upon the citation of the Hon’ble Supreme Court F.A. No.107/2011 Officer In-charge held in Officer In-charge, Country Vacations and other Vs. Mrs. Ajanta Bose and Dr. Subhas Bose.    In the present complaint also the Complainant paid Rs.25,000/- towards membership to the Opposite Parties on 07.04.2012 but the Opposite Parties even after receiving the said amount did not issue ID Card in favour of the Complainant till now.   The agreement was entered into between the parties in the year, 2012 but the Opposite Parties failed to issue ID Card to the Complainant even after filing of this complaint also.    It amounts to deficiency in service coupled with unfair trade practice on the part of the Opposite Parties.    Hence, the Complainant is entitled to Rs.25,000/- with interest, some compensation and costs too.

 

9.       In the result, this complaint is allowed directing the Opposite Parties: a) to pay an amount of Rs.25,000/- (Rupees Twenty five thousand only)  with interest @ 9% p.a. from 7.4.2012 till the date of actual realization, b) a compensation of Rs.3,000/- (Rupees Three thousand only) and c) Costs of Rs.1,000/- (Rupees One thousand only) to the Complainant.   Time for compliance, one month from the date of this order.

 

Dictated to the Steno, transcribed by him, corrected and pronounced by us in the Open Forum, this 15^th day of July, 2015.        

             

Sd/-                                       Sd/-                                       Sd/-

President                              Male Member                      Lady Member

                                     

 

APPENDIX OF EVIDENCE

For the Complainant:-

NO.	DATE	DESCRIPTIONOFTHEDOCUMENTS	REMARKS
Ex.A01	07.04.2012	Purchase Agreement for Club Membership between the Complainant and the OPs	Original
Ex.A02	07.04.2012	Holiday Gift Voucher issued by the Ops	Original
Ex.A03	05.05.2013	Online Complaint	Online Copy
Ex.A04	14.08.2012	Postal Receipts	Original
Ex.A05	14.08.2012	Registered Lawyer’s Notice addressed by the Complainant’s counsel to the 1st OP	Office copy
Ex.A06	29.03.2012 to21.07.12	Bank Pass Book and Statement	Photo copy
Ex.A07	17.08.2012	Postal Acknowledgement (2) from the 1st and 2nd Ops	Original

For the Opposite Parties:-            

                                                -Nil-   

 

Sd/-                                   Sd/-                                              Sd/-

President                          Male Member                                Lady Member