O R D E R<br /> <br /> SMT. ANITA SHIVAKUMAR. K, MEMBER<br /> <br /> <br /> Brief facts of the complaint filed by the complainant against the Op are that she agreed to become a Mr. Cool Member of the Op club as per Op’s invitation. That she accordingly became a Mr. Cool Member bearing No:CLG5684 by paying membership fee of Rs.1,33,667/- in three installments i.e Rs.1,15,000/-on 4/12/2006, Rs.15,000/-by way of cheque dated 6/8/2007, Rs.3,667/- by way of cash on 21/12/2007. Op had issued receipts for the amounts he received. With that the Op had offered to allot a site at country club layout in allotment letter dated 10/7/2007 bearing No:CG phase XVI- site No:348 measuring 1089 sq. ft and Goa trip for couple by flight. Complainant also paid Rs.15,000/- for registration charges by way of cheque dated 3/8/2007. For all the payments of complainant, Op had issued receipts. After few days, complainant had visited Op’s office to enquire but Op has not responded properly and she became desperate that Op has failed to allot a site in spite of several requests. When complainant learnt that Op is fraud in giving false assurances, and attracting public to become member of Op club, complainant requested Op to refund her entire money. But on one or the other reason Op postponed and Op also requested to wait for some more days. Believing the words of Op, the complainant waited for all these days but no response came from Op. Instead Op demanded extra money without showing any development in the proposed layout which was illegal. After several request for refund when Op did not respond, complainant issued a letter for cancellation of membership and refund the amount on 12/8/2008 and Op issued another letter to allot a site on 6/8/2008. For that complainant issued legal notice to Op dated 15/9/2009 calling upon to refund the amount paid with interest @ 18%. After receipt of notice, Op called complainant for negotiation and promised to refund within a week but Op failed to keep up his promise. Hence, complainant filed this complaint before this forum to seek relief and to direct the op to refund her entire amount of Rs.1,33,667/- with interest @ 24% and compensation of Rs.60,000/- and other reliefs.<br /> 2. Op has appeared through his advocate and filed version. Op in his version has contended that the complaint is not maintainable and denied deficiency in their service. Op has admitted that the complainant has become a member of that club called Mr. Cool Member bearing No. CLG 5684 by paying membership fee of Rs.1,33,667/- which is non-refundable membership fee. It is further admitted that along with membership fee they have offered free site as complimentary to the membership taken and was gift to the members. That the complainant did not get the site registered though complimentary site has been allotted to complainant on 10/7/2007 at phase XVI Coconut Groove project in issuance of allotment letter stating that within 30 days from receipt of the letter the same registration can be done by the payment of Rs.15,000/-. Complainant paid registration charges also but the conversion and sanction for the same has been obtained later. So Op is ready to register the site now but complainant not showing any interest to register it and thereby have prayed for dismissal of the complaint.<br /> <br /> 3. In the course of enquiry into the complaint, the complainant and op have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. The complainant along with the complaint has produced the copies of the receipts for having paid towards membership fee, copy of the request made before Op regarding refund of her amount, copy of allotment letter issued by Op, copy of legal notice issued to Op. Counsel for Op has not produced any document along with version and affidavit though he has stated annexure enclosed. Counsels of both parties argued and perused the records.<br /> <br /> 4. On the above materials, following points for determination arise.<br /> <br /> 1.Whether the complainant proves that the Op has caused <br /> deficiency in their service in not allotting a site and in not <br /> providing other facilities as promised?<br /> 2. To what relief the complainant is entitled to?<br /> <br /> 5. Our findings are as under<br /> <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 we have gone through the contention of both parties, there is no dispute between them, in this complainant having had become a member of cool card, bearing No. CLG 5684 by paying Rs.1,33,667/- as membership fee and that the Op had offered a site. As these facts are not disputed, the only dispute between the Parties remains for decision is regarding non-registration of a site as promised.<br /> <br /> 7. It is the grievance of the complainant that despite she approaching the Op several times Op did not registered the site though the site has been allotted on 10/7/2007. If Op is really ready to register the site immediately after obtaining the conversion and sanction from the appropriate authority Op could have informed the complainant that site is ready for registration. But Op did not do so. Complainant has asked in her prayer for refund of her membership fee on the ground that she cannot trust the Op and do not wish to continue her relationship with them. But the Op as stated above have not controverted the arguments of the counsel for the complainant and dissatisfaction he has expressed. But Op is still letting that he is ready to register the site since already the site has been already allotted to the complainant that is site bearing No.348. On considering all these facts placed before us, we find that there is nothing wrong in this complainant asking for the relief of refund of membership fee because of non response or due to lack sincerity on the Op and that we find there is no genuinity in allotment also. <br /> <br /> 8. If we carefully look at this offer, the offer in our view appears to be an uncertain and non-existing. Because it is not clear where exactly Op’s layout exist. In this way it is found that the Op has offered such type of free plot to attract the people to become their members by paying heavy amount. Similarly the offers made in this case also exhibit uncertainty. It is found that the complainant became a member on 4/12/2006 by paying full amount. He has repeatedly stated that despite approaching the Op they did not register the plot. <br /> <br /> 9. Op has neither registered the site as assured nor refunded his amount though complainant requested by submitting written requests. Even Op did not take any trouble to settle the grievance of the complainant. If the contention of the Op that the allotted site is located at coconut groove, where exactly it exists and the offer is really genuine and they had any intension to register the site they could have first send a letter saying that all necessary procedures are completed and obtained sanction and site is ready for registration. Then informed the complainant to get document registered by meeting registration expenditure, but it is evident that the Op has not even come forward to prove that they have formed any layout or sites at all leave alone execution of document, Op collected registration charges of Rs.15,000/- also. On going through these developments that have taken place, the claim of the opponents do not inspire confidence in us. Therefore, under those circumstances complainant has opted for taking back her membership fee which cannot be denied.<br /> <br /> 10. The Ops have contended as membership fee is not refundable. But it is not their case that the complainant after becoming a member has used any sort of their service like club service and other facilities offered through their offering letter Ops not produced any such documents to prove that complainant had utilized the club facilities. Therefore, when the complainant has absolutely not availed any service of the Op and Op has not exhibited their interest in keeping their promises and sincerity in showing some progress in the formation of layout and registration of plot they cannot have any rights to retain complainant’s money. Hence, complaint in our view is entitled for the relief as prayed for but not for the other compensation she has sought for. Therefore, the complainant from the date of payment/payments is entitle for interest on the money to be refunded. With the result, we answer point No.1 in the affirmative and pass the following order.<br /> <br /> OR D E R<br /> <br /> Complaint is allowed.<br /> <br /> Op is directed to refund Rs.1, 33,667/- to the complainant with interest @ 18% per annum from the date of respective deposit to till it is repaid. Op shall refund that amount within 45 days from the date of this order.<br /> <br /> Ops shall also pay cost of Rs.2, 000/- to the complainant.<br /> <br /> Dictated to the Stenographer. Got it transcribed and corrected. Pronounced in the Open forum on this the 8th October 2010.<br /> <br /> <br /> <br /> <br /> MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />