COMPLAINT FILED ON:20.01.2011
DISPOSED ON: 29.11.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL
FORUM AT BANGALORE (URBAN)
29th NOVEMBER 2011
PRESENT:- SRI.B.S.REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI.A.MUNIYAPPA MEMBER
COMPLAINT NO. 135/2011
COMPLAINANT Jayanthi Bai,
No.34/2,
Munianjanappa Block,
Dinnur, R.T.Nagar Post,
Near White House,
Bangalore-560 032.
(Adv: M.G.Jagannath)
V/s.
OPPOSITE PARTIES 1.M/s Country Club (India) Ltd.,
No.847/1, Adj.to Post Office,
100 feet Road, Indiranagar,
Bangalore-560 038.
2.Amrutha Estate,
Branch Office,
No.478, “Maha Padma”
1st Main, 1st Stage,
Indiranagar,
Bangalore-560 038.
( Adv: G.A.GOPI)
O R D E R
SMT. M. YASHODHAMMA,MEMBER
This is a complaint filed by the complainant u/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction against Opposite Party (herein after called as O.P) to refund Rs.1,50,000/- paid towards membership fee with interest at 18% p.a. and compensation of Rs.3 Lakh on the allegations of deficiency in service on the part of the O.P.
2. The brief averments made in the complaint are as follows.
Attracted by the offers made by OP complainant became the member of the Op club. OP offered free sites for its members in coconut groves, free holidays at selected resorts, holiday packages at various locations, health club facilities and discount on hotel Amrutha’s Castle for life time etc. Complainant paid Rs.85,000/- on 20/12/2006,Rs.15,000/- each on 22/01/2007 Rs.15,000/-on 06.04.2009, Rs.20,000/- on 14.08.2009. Totally complainant paid Rs.1,50,000/- to OP. OP accepted the membership of the complainant and issued membership card bearing No.Cool CG 5972. OP issued the receipts acknowledging receipt of amount. OP wrote the letter informing that 5 sites each measuring 1089 Sq.fts at country club coconut grove will be allotted in favour of the complainant. After receipt of the said letter of OP, complainant paid the entire amount and waited for two years. There was no response. Hence complainant sought for refund of amount paid. OP refused to refund the amount. Hence complainant felt deficiency in service on the part of Op. Under the circumstances, he is advised to file this complaint against OP for appropriate reliefs.
2. On appearance OP filed the version contending that OP has already issued allotment letter allotting complimentary plot bearing No.585 situated at Coconut grove Phase XVIII and offered four plots bearing No.683, 684, 685 and 686 under MGM Scheme. In the said letter OP has asked the complainant to deposit registration and maintenance charges of Rs.15,000/- and Rs.20,000/- each (Totally Rs.80,000/-) but complainant deposited only Rs.35,000/-. Complainant failed to deposit the balance amount towards registration charges in spite of repeated request. Hence OP could not register the sites. OP is ready to register a complimentary plot at Phase XV extension at Rathasandra Village, Sira Taluk, Tumkur District. It is contended by OP that conversion order, sanction plan and MOU are produced as Annexures but in fact OP has not produced any documents. There is no deficiency in service on the part of OP membership fees is not refundable. Among other grounds OP prayed for dismissal of the complaint.
3. In order to substantiate the complaint averments, complainant filed her affidavit evidence and produced receipts and pass book extract of the complainant, on behalf of OP Venkatesh Verma C. Assistant Administration Manager filed affidavit in support of the defence version. Heard arguments on both sides.
4. In view of the above said facts, the points now that arises for our consideration in this complaint are as under:
Point No.1:- Whether the complainant
proved the deficiency in service
on the part of the OPs?
Point No.2:- If so, whether the complainant is
entitled for the relief now claimed?
Point No.3:- To what Order?
5. We have gone through the pleadings of the parties both affidavit and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:
Point No.1:- Affirmative.
Point No.2:- Affirmative.
Point No.3:- As per final Order.
R E A S O N S
6. At the out set it is not in dispute that complainant attracted by the offers made by OP became the member of Op club. Complainant claims that he has paid Rs.1,50,000/- to OPs on different dates starting from 20.12.2006 to 14.08.2009. OP issued the receipts acknowledging receipt of amount. OP accepted the membership of the complainant and issued Cool Card Membership bearing No.COOL CG 5972. At the time of complainant becoming the member OP club has assured to allot complimentary free sites measuring 1089 Sq.fts at coconut grove. When OP failed to allot the sites complainant requested OP to refund the amount. The grievance of the complainant is though he has paid membership and registration fees expenses of Rs.20,000/-in the year 2006-09 itself OP failed to allot and register the site. In spite of repeated request OP refused to refund the amount. Hence complainant approached this Forum for appropriate relief.
7. As against the case of the complainant the defence of OP that OP has already issued allotment letter allotting plot No.585, 683, 684, 685, 686 at Phase XVIII under MGM Scheme. In the said letter Op has asked the complainant to deposit Rs.95,000/- towards registration expenses but complainant paid only Rs.35,000/-. In spite of repeated requests and reminders complainant failed to pay the balance registration charges. Hence OP could not register the free sites in favour of the complainant. In support of its defence OP has failed to produce any documents. In the absence of any materials we are unable to accept the defence of OP that it has sent allotment letters and reminder to the complainant. Further it is contended by OP that OP is ready to register complimentary plots at Phase XV Rathna Sandhra Village, Sira Taluk, Tumkur District, the conversion order, sanction plan are produced as annexures but in fact OP has failed to produce any documents in support of its defence version.
8. From the affidavit evidence of the complainant it becomes clear that OP has accepted the membership fees in the year 2006-07 itself and registration expenses in the year 2009 but failed to provide the facilities offered to allot the complimentary sites as assured. OP has not produced copy of any allotment letter, OP has not produced any documents to show that approved layout has been formed and conversion order, sanction plan has been obtained from statutory authorities. In the absence of any materials we are unable to accept the defence of OP that OP has provided all the facilities as assured at the time of complainant becoming member of OP club. Failure to provide services assured and allotting sites or refusal to refund the amount in spite of repeated requests since more than two years amounts to deficiency in service on the part of the OP. Under the circumstances, we are of the considered view that complainant is entitled for refund of amount paid with interest at 12% p.a. as compensation and litigation cost of Rs.2,000/-. Accordingly we proceed to pass the following
O R D E R
The complaint is allowed in part. OP is directed to refund Rs.1,50,000/- together with interest at the rate of 12% p.a. from the date of respective payments till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.
This order is to be complied within four weeks from the date communication of this order.
Send the copy of this order to both the parties free of cost.
(Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 29th day of November 2011.)
MEMBER MEMBER PRESIDENT
Cs.
