COMPLAINT FILED: 02.12.2009 <br /> DISPOSED ON: 03.07.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 3RD JULY 2010<br /> <br /> PRESENT:- SRI. B.S. REDDY PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER<br /> SRI. A. MUNIYAPPA MEMBER <br /> COMPLAINT No.2836/2009<br /> <br /> COMPLAINANT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> OPPOSITE PARTY<br /> <br /> <br /> <br /> <br /> Mr. Lawrence John Chandran,<br /> R/at No.45, 2nd Cross,<br /> Greenpark Layout,<br /> Banaswadi,<br /> Bangalore – 560 043.<br /> <br /> Advocate: Sri. S. Thimmiah<br /> <br /> <br /> V/s.<br /> <br /> <br /> M/s Country Club India Ltd.,<br /> No.847, 100ft Road,<br /> Next to P.O., <br /> Indiranagar 1st Stage,<br /> Bangalore – 560 038.<br /> <br /> Rep: by its Manager.<br /> <br /> O R D E R S<br /> <br /> SRI. B.S.REDDY, PRESIDENT<br /> <br /> The complainant filed this complaint seeking direction against Opposite Party (herein after called as O.P) to refund an amount of Rs.1,15,000/- with interest at 24% p.a. on an allegations of deficiency in service on the part of the OP. <br /> <br /> 2. In the complaint it is stated that the complainant became member of OP club by paying an amount of Rs.1,15,000/- on 24.02.2007. OP has issued the receipt and a letter dated 24.02.2007. Subsequent to the payment of membership amount a confirmation letter was sent by OP. The complainant sought for refund of the membership amount by submitting request form the copy which has been produced as document No.4. Legal notice was issued demanding for refund of that amount on 09.09.2009, the same was received by OP. OP has totally failed and neglected in discharging the services. OP replied for the legal notice on 26.10.2009 assuring that the plot will be allotted on payment of cost of Rs.15,000/-. OP with its oblique motive to make wrongful gain issued the membership and site allotment letter. Thus the complainant claims for refund of the amount with interest. <br /> <br /> 3. On appearance, OP filed the version contending that the complaint is false and frivolous, the same is not maintainable. OP is ready to register the complimentary site in favour of the complainant. The membership fee is non refundable. There is no deficiency of service on the part of the OP, complainant is not a consumer, the complaint is not maintainable. It is admitted that the complainant became member, by paying sum of Rs.1,15,000/- on 24.02.2007. It is stated that the complainant has utilized the services of the OP, now he cannot seek refund of the amount. Hence it is prayed to dismiss the complaint. <br /> <br /> 4. In order to substantiate the complaint averments, the complainant filed affidavit evidence. The Customer Care Manager of the OP filed affidavit evidence in support of the defence version. <br /> <br /> 5. The complainant filed written arguments, arguments on complainant’s side heard, arguments of OP side was taken as heard. Points for consideration are:<br /> <br /> Point No.1:- Whether the complainant proved the <br /> deficiency in service on the part of <br /> the OP?<br /> <br /> Point No.2:- If so, Whether the complainant is <br /> entitled for the reliefs now claimed?<br /> <br /> Point No.3:- To what Order?<br /> <br /> 6. We record our findings on the above points are as under: <br /> <br /> Point No.1:- Affirmative. <br /> Point No.2:- Affirmative in part. <br /> Point No.3:- As per final Order.<br /> <br /> R E A S O N S<br /> <br /> 7. At the outset it is not at dispute that the complainant became member of OP club on 24.02.2007 by paying membership fee of Rs.1,15,000/-. Document No.2 produced by complainant is the letter issued by OP with regard to the facilities to be made available to the complainant as a member of OP club. One of the terms assured was allotment of free plot at country club coconut groove. The other offered facilities are also mentioned in the said letter. OP has not allotted any complimentary plot. The complainant submitted member request form as per document No.4 requesting for refund of the membership amount. OP has endorsed the receipt of the said request form on 04.08.2009. Further endorsement is made stating that they will revert back. Lastly the complainant got issued notice on 09.09.2009 demanding for refund of the amount with interest. OP replied for the said notice on 26.10.2009 stating that they have allotted site No.245 at Phase VIII of coconut groove, Tumkur through on allotment letter, due to lack of proper correspondences, the complainant has not received the allotment details. <br /> <br /> 8. It may be noted that OP has not produced any allotment letter having allotted site No.245 at coconut groove, Tumkur. Only after receiving the legal notice OP has come up with a defence that complimentary site is already allotted without mentioning the date of allotment. The complainant was not at all informed through allotment letter regarding the allotment of site. OP has not produced any material to show that any approved layout has been formed as coconut groove and there exists any site bearing No.245. There is no merit in the contention that the membership fee cannot be refunded. The complainant was made to believe allotment of complimentary site, accordingly he has become the member by paying huge amount of Rs.1,15,000/-. OP has not allotted any complimentary site. Further OP has also not produced any material to prove that the complainant has utilized the services of OP. Under these circumstances we are of the view that the complainant proved deficiency in service on the part of the OP in not allotting the complimentary site as assured. In view of the same the complainant is entitled for refund of the amount with interest. Accordingly we proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint filed by the complainant is allowed in part. OP is directed to refund an amount of Rs.1,15,000/- with interest at 9% p.a. from 24.02.2007 till the date of realization with litigation cost of Rs.1,000/- to the complainant. <br /> <br /> This order is to be complied within four weeks from the date of this order. <br /> <br /> Send the copy of this order to both the parties free of cost.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 3rd day of July 2010.) <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> Snm: <br /> <br />