O R D E R<br /> <br /> <br /> <br /> SRI.D. KRISHNAPPA, PRESIDENT:<br /> <br /> These complaints though are filed by different complainants but are filed against same op as such are taken together for disposal by a common order in order to avoid repetition of facts.<br /> <br /> Complaints No.426/2010 to 429/2010 are based on same set of facts where as the other complaint though contain similar allegations but slightly stand of different too.<br /> <br /> The grievances of the complainants of first 4 cases are, that the Op had invited applications from them offering Cool Card Membership of that club on payment of membership fee of Rs.1,45,000/- each. OP had also offered privileges like life membership with two complementary plots, luxurious holiday packages etc., That they accepting the offers of the Op paid entire membership fee of Rs.1,45,000/- each on different dates in full except complaint No.4 paying Rs.1,10,000/-. That Op offered three plots thereafter at Julukunta Vedic Spa, Lepakshi Vedic Spa and Coconut Grove at Tumkur for their benefit they becoming members. They after seeing those plots rejected first two plots after inspection and selected 5th phase plot situated at Coconut Groove, Tumkur. Op allotted two sites to each of them allotting plot number 310 and 311 to the first complainant, 440 and 441 to the second complainant, plot No.242 ad 243 to the 3rd complainant and plot No.320 and 321 to the 4th complainant at Coconut Grove, Tumkur. The Op after receipt of these amounts did not respond in any way even after waiting more than 16 months. Thereafter, they approached the Op for further process but received negative action from them. The Op did not make final allotment and stated that site should be allotted by M/s. Amrutha Estate as development of land vested with them but they received no communications from any of them. Then they complained to one Rajeev Reddy, Managing Director of Amrutha Estate then they received letter of allotment congratulating them and requested payment of Rs.15,000/- each towards stamp paper fee and registration expenditure along with maintenance charges for a period of 30 months. Then the Op informed them of changing the plots allotted to a different phase but they rejected the proposal. Despite their letter addressed to Op to keep up with the promises made and to discharge their obligation but they did not come forward to keep up the promise. Then they find no alternative, addressed letters to the Op to refund their money but the Op has not responded as such have prayed for a direction to OP to refund their membership fee and to award compensation for their mental agony and also to award cost.<br /> <br /> The brief facts of the 5th complaint are that, the Op extended membership scheme to him and in pursuance of that offer and understanding arrived between the complainant and the Op one V.N. Ravi Raju has executed gift deed in favour of the complainant who became a member of Op club. The Op had promised to develop township and provide facilities to them which was agreed. That after executing gift deed, the complainant become owner and took delivery of possession. The complainant contending to have paid Rs.1,10,000/- towards Cool Card Membership has stated the Op has not responded thereafter to provide any facilities. When he did not receive any responsibilities, he visited Administrative Officer of the Op but did not get any proper information. Hence, this complainant has prayed for a direction to Op to refund his Rs.1,10,000/- to award compensation of Rs.50,000/- and litigation expenditure of Rs.5,000/-.<br /> <br /> Op has appeared through his advocate and filed version which is common in all these cases in which it is contended that complaints are filed with a malafide intention to harass them. The Op without denying membership fee paid by all these complainants, extending cool card membership to them and offered facilities to make them besides promises of providing them complementary sites has contended that the complainants when they were called upon to pay registration and maintenance charges of Rs.15,000/- each they did not pay it. Therefore, registration of the plots could not be done and stated that membership fee is not refundable. That the complainants became members of the Op club to enjoy club facilities and they after enjoying facilities provided by them cannot ask for refund of membership fee. The Op in Para 18 of his version given details of the facilities he had offered and by further denying the other allegations of the complainants and also denying any deficiency in the service has prayed for dismissal of the complaints besides claiming to have set up its branches through out and is providing services to its members. In the version filed to the 5th complaint has further contended that complainant has not paid the full membership fee, is not entitle for the relief as he has failed to pay the balance membership fee and stated that complainant has availed facilities when he availed trip to Goa and therefore denying his liability has prayed for dismissal of the complaint. <br /> <br /> In the course of enquiry into the complaints, the complainants and one Vijaya D.P on behalf of Op have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. The complainants along with complaint have produced copies of few letters written to them by the Op, copies of receipts under which they paid membership fee to the complainant, copies of temporary allotment letters and a copy of letter he had addressed to the Chairman cum Managing Director of the Op Club. We have heard the counsel for both parties and perused the records.<br /> <br /> On the above contentions, following points for determination arise.<br /> <br /> 1. Whether the complainants prove that the Op has caused deficiency in his service by not providing them complementary sites and in not refunding their membership fee.<br /> 2. To what relief the complainants are entitled to?<br /> <br /> Point No.1: Complaints No. 1 to 4 have proved, where as the 5th complainant has not.<br /> Point No.2 : see the final order.<br /> REASONS:<br /> <br /> Answer on point No.1 : The claim of the complaints No.1 to 3 to have paid Rs.1,45,000/- each to the Op and the complaints No.4 and 5 have paid Rs.1,10,000/- each towards Cool Card Membership to the Op as already stated above is not denied by the Op. These complainants have also produced copies of receipts, evidencing payment, besides swearing to affidavits. Therefore, we find no reasons to go in detail towards payment and these complainants having become members of the Op Society. The complainants have produced letters of Op in which the Op had offered several facilities besides allotting complementary sites. Op himself in Para 18 of his version admitted the facilities he had offered to these complainants. In pursuance to that offer Op in the first complaint issued temporary allotment letter allotting site No.310 and 311 in Phase No.5 without mentioning the place where such sites are formed are available. Then issued another letter on 17/06/2009 intimating the first complainant to have allotted site No.422 in Phase No.7 again not giving any indication as to where that site is available. In the second complaint, the Op issued a temporary allotment letter allotting site No.440 and 441 but in the allotment letter dated 17/06/2009 shown to have allotted site No.421. Then in the 3rd complaint, he issued temporary allotment letter allotting site No.242 and 243 again by not disclosing as to where that sites are formed and their description, similarly in the 4th complaint Op issued temporary allotment letter allotting plots No.320 and 321 in the 5th phase but in the allotment letter dated 17/06/2009 shown to have allotted site No.84 at Coconut Grove Phase 7. On seeing theses various allotment letters issued by the Op from time to time it is evident that he has not at all made clear as to where he has acquired land for formation of plots, their survey numbers, villages, taluks or even city. Op himself in his version has stated as if he has developed coconut grove and Vedic Spa at several places and it was argued that said layouts are formed at Tumkur and at Penagonda in Andhra Pradesh State. Assuming that contention of the Op is true but he was expected to inform the complainants as to in which layout or at which place he has formed layouts and offered sites. In the absence of such details furnished by the Op either in any of the letters he had issued to the complainants or in the version or at least in the affidavit evidence that he has formed layout and sites are available for allotment he cannot be believed and the so called allotment letters in our view are nothing but an attempt to hoodwink the innocent consumers. The Op surprisingly without informing the complainants as to where they would be getting sites through his letter dated 17/06/2009 demanded payment of Rs.15,000/- each towards registration and administration charges. Even at that stage, the Op has not given particulars of plots that would be allotted or proposed to be transferred. Thus that demand for registration fee is another way of grabbing.<br /> <br /> Complainant No.1 to 4 in their complaints have contended that after payment of Membership fee when they did not receive any response from the Op, approached them several times but get no response. Therefore, claimed to had addressed a letter on 29/05/2009 to the Chairman cum Managing Director which also did not bring any progress in allotment of complementary plots as promised and therefore complainants No.1 to 4 finally sent a letter on 30/07/2009 to the Manager M/s Amrutha Estate a division of Op club for refund of their money even then Op appears to have not appeared to react.<br /> <br /> Even in the course of arguments on these complainants, the counsel for the Op was not in a position to submit before this forum and to make an offer to the complainants of their readiness and availability of the plots for allotment. The Op even till date has not been able to place any materials before this forum to prove at least any process initiated in formation of plots and their availability for allotting to the complainants. The Op therefore it is evident from these uncontroverted materials, after receipt of membership fee and issuing inconsistent and unreliable allotment letters has slept over on the request of the complainants and thereby proved to have caused deficiency in his service. The Op has also not placed any materials before us after they having issued membership card to the complainants having extended any other facilities to them as detailed in Para 18 of their version or these complainants having had availed any club facilities. Therefore, Op who received membership fee from complainants No.1 to 4 having failed to prove any sort of service rendered to these complainants cannot unilaterally say that membership fee is not refundable and keep that money for himself. The stand or the defense of the Op do not stand to the logic. Therefore, complaints No.1 to 4 in our view are entitled for refund of their membership fee.<br /> <br /> Coming to the claim of the 5th complainant is concerned, this complainant himself has admitted that after payment of membership fee Rs.1,10,000/- Op extended membership scheme and then through an absolute gift transferred a property in his favour. The complainant in Para 3 of his complaint has further admitted that in pursuance of the understanding he arrived with the Op one Sri B.N. Ravi Raju has executed gift deed in his favour who became the member of the Op party. Therefore, it is evident that the complainant after becoming a member has availed the benefit of membership and got a gift deed accepting the gift of plot. The Op has further contended that this complainant in particular has availed other facilities in packages and he has enjoyed those facilities. Therefore, 5th complainant is not entitled for refund of money. The 5th complainant with full knowledge accepted the gift of a plot under gift deed. It is not the contention of the complainant that he has not availed from Op the other membership facilities. Therefore, the case of this 5th complainant as stated above stand on a different footing and when the registered document is done transferring title of a plot by way of gift as long as the transaction stands legal this complainant can not ask for refund of money and hence 5th complaint is liable to be dismissed. With the result, we answer point No.1 accordingly and pass the following order.<br /> <br /> O R D E R<br /> <br /> Complaints No.426 to 429 are allowed.<br /> <br /> Op is ordered to refund membership fee of complaints No. 1 to 4 as referred above with interest @ 18% p.a from the date of their respective deposits till the date of payment.<br /> <br /> Op shall repay the deposit amount with interest within 60 days from the date of this order.<br /> <br /> Op shall also pay cost of Rs.2,000/- each to each of these complaints No. 1 to 4.<br /> <br /> Complaint No. 430/2010 is dismissed and no cost.<br /> <br /> The original order shall be kept in complaint No:426/2010 and the copies of the same shall be kept in the remaining complaints<br /> <br /> Dictated to the Stenographer. Got it transcribed and corrected. Pronounced in the Open forum on this the 27th July 2010.<br /> <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />