Complaint filed on: 27-05-2010 <br /> Disposed on: 25-09-2010<br /> <br /> BEFORE THE BANGALORE IV ADDITIONAL DISTRICT <br /> CONSUMER DISPUTES REDRESSAL FORUM,<br /> BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052 <br /> <br /> C.C.No.1201/2010<br /> DATED THIS THE 25th SEPTEMBER 2010<br /> <br /> PRESENT<br /> <br /> SRI.D.KRISHNAPPA., PRESIDENT<br /> SRI.GANGANARASAIAH., MEMBER<br /> SMT. ANITA SHIVAKUMAR. K, MEMBER<br /> <br /> Complainant: - <br /> <br /> Dr.P.K.Ashwini Kumar<br /> Aged about 60 years, <br /> Son of late Mr.P.N.Krishna<br /> Swamy, Residing at No.26,<br /> Vakil club class, Chandapura <br /> Pura main road, <br /> Muthanallur cross, <br /> Bangalore-99<br /> <br /> V/s<br /> <br /> Opposite party: - <br /> <br /> M/s. Country club (India) Ltd, <br /> No.273, 1st main Road,<br /> Defence colony, HAL 2nd Stage, <br /> Indiranagar, Bangalore-38 <br /> Represented by its Managing <br /> Director Mr.Rajeev Reddy<br /> <br /> <br /> O R D E R<br /> <br /> SRI. D.KRISHNAPPA., PRESIDENT., <br /> <br /> The brief facts of the complaint filed by the complainant against the opposite party [hereinafter called as OP for short) that, the OP as a registered company persuaded his to become its member, accordingly he become a member of the OP club in the year 2007 by paying membership amount of Rs.1,25,000/-. That the OP assured several benefits and services including providing a complimentary plot. That the OP had assured providing complimentary plot at Tumkur in one of their developed layouts within 15 days after becoming a member, but the OP did not allot any plot by issuing allotment letter. After he met the OP and their men several times but received no reply and were giving evasive replies on telephone calls, when he got upset with the evasive answer of the OP, then sent a letter to him requesting them to cancel his membership and to refund his membership fee. But the OP has not responded and stated that conduct of the OP after receipt of money in not acting as per assurance is nothing but deficiency service of the OP. Therefore has prayed for a direction to the OP to refund his membership fee and to award compensation of Rs.50,000/- with interest and to award cost. <br /> <br /> 2. The OP has appeared through his advocate and filed version terming the complaint as false and frivolous. It is contended that a complimentary plot will be allotted to a member no fee is collected besides providing other facilities and that membership fee paid is not towards the plot. That the complainant was requested to bear registration and maintenance charges, but the complainant has not paid those amounts and not paid money for allotment of plot as such is not a consumer. That they have already issued allotment letter in favour of the complainant allotting a complimentary plot at Vedic Spa and the complainant was asked to deposit registration and maintenance charges of Rs.15,000/- within 30 days, but he has not deposited. A complimentary plot formed is located at Penugonda a border place to Karnataka state and the complainant is enjoying the other facilities offered as per offer letter and the OP denying the allegations and deficiency in his service has prayed for dismissal of the complaint. <br /> <br /> 3. In the course of enquiry into the complaint, the complainant and one Vijay.B.P. on behalf of the OP have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. The complainant alongwith the complaint has produced a copy of offers made by the OP, copies of receipts for having paid membership fee, a copy of letter he had addressed to the OP to cancel his membership and to refund the membership fee. OP has not produced any documents. We have heard the counsel for both parties and perused the records.<br /> <br /> 4. On the above contentions following points for determination arise.<br /> 1. Whether the complainant proves that OP has <br /> caused deficiency in his service in not allotting a complimentary plot in not providing the assured facilities and in not refunding membership fee?<br /> 2. To what reliefs, the complainant is entitled to?<br /> <br /> 5. Our findings are as under:<br /> Point no.1: In the affirmative <br /> Point no.2: See the final Order<br /> <br /> REASONS<br /> <br /> 6. Answer on Point No.1: As seen from the contention of the parties we find no dispute between them, in this complainant having had become a member of the OP club by paying membership fee of Rs.1,25,000/-. The allegations of the complainant that the OP has promised him of allotting a complimentary plot at Tumkur on his becoming a member within 15 days and that the OP despite several approaches and reminders has not kept up his promise has been disputed by the OP by contending as if they have allotted a complimentary plot, issued allotment letter and the complainant has availed the other facilities. Thus when the OP without disputing the entitlement of the complainant for a complimentary plot when contended to have allotted a plot and issued the allotment letter it is for him to prove the same with acceptable evidence. <br /> <br /> 7. The OP who has stated to have issued allotment letter and requested the complainant to pay registration charges and maintenance charges has not placed any such evidence either oral or documentary to substantiate the same. The complainant has contended that the OP had promised allotting a complimentary plot at Tumkur. Whereas the OP without denying that has stated, as if they have formed plots at Penugonda in Andra Pradesh. Even then the OP has neither produced allotment letter, either allotting plot at Tumkur or Penugonda. The OP has not even produced a scrap of paper to prove the formation of layout and availability plot for allotment leave alone issue of allotment letter. The OP except contending that they have already allotted a plot they have not proved such allotments. The OP has also not denied the letter written by the complainant, contacts made requesting them to provide plot. The OP since from the year 2007 till this day proved to have not made any efforts or taken steps to offer facilities promised to the complainant on his becoming a member. Thus the stand of the OP that they have issued allotment letter and have caused no deficiency in his service carries no weight. <br /> <br /> 8. The complainant even priori to filing of this complaint that is on 29-9-2009 sent letter to the OP informing to them of false promise made and not keeping up the promises and demanding for refund of his membership fee. Even this letter was not replied by the OP in any manner. The OP as noticed after receipt of membership fee Rs.1,25,000/- from the complainant has not moved an inch to provide the facilities promised to the member despite the complainant crises for the same. The OP has also not proved any other facilities availed or extend to the complainant under the membership as such the OP in our view has not right to retain membership fee, and their silence for all these year proves the deficiency in the service and they cannot escape from the liability to refund of membership fee. With the result, we answer point No.1 in the affirmative and pass the following order. <br /> <br /> <br /> ORDER<br /> <br /> Complaint is allowed. OP is directed to refund Rs.1,25,000/- to the complainant with interest at 16% per annum from the date of receipt of payment till the date of payment. OP shall repay that amount with interest within 60 days from the date of this order.<br /> <br /> OP shall also pay cost of Rs.2000/- to the complainant. <br /> <br /> Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 25th September 2010.<br /> <br /> <br /> Member Member President<br /> <br /> <br />