COMPLAINT FILED ON: 05.05.2011
DISPOSED ON: 03.11.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL
FORUM AT BANGALORE (URBAN)
03rd NOVEMBER 2011
PRESENT:- SRI.B.S.REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI.A.MUNIYAPPA MEMBER
COMPLAINT NO. 133/2011
COMPLAINANTS Sri.Prakash,
No.30,7th Main,
Hari Hara Krupa,
Mathikere,
Bangalore- 560090.
(Adv: M.G.Jagannatha)
V/s.
OPPOSITE PARTYS M/S Country Club
(India) Ltd.,
No.847/1,adj. to post office,
100 feet Road, Indiranagar,
Bangalore – 560038.
Represented by its
Managing Director.
( 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, seeking direction to the Opposite Party (herein after called as O.P) to refund Rs.45,000/- paid towards membership fees, with interest at the rate of 18% p.a. along with compensation of Rs. 50,000/- towards mental agony and suffering 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 O.P. complainant became the member of O.P. Club, O.P. accepted the membership of the complainant and issued Cool Card membership bearing No. COOL 2672. Complainant paid Rs.15,000/-,Rs.10,000/- towards membership fee on 6-2-2008, Rs.20,000/- on 7-3-2008. Totally complainant paid Rs.45,000/- to O.P. towards Cool Card membership fee. O.P. issued the receipt acknowledging the receipt of the amount. O.P. wrote a letter to the complainant informing a site measuring 1089 Sq.ft. has been allotted to complainant at Country club coconut grove. Complainant waited for a positive reply from O.P. regarding allotment of free site. There was no response from O.P. for over 2 years. Complainant demanded for refund of amount. O.P. has refuse to return the same. On 20-12-2010 complainant got issued legal notice requesting O.P. to allot a site or to refund the amount along with damages within one week. Inspite of service of notice there was no response from O.P. Hence complainant felt deficiency in service against O.P. Under the circumstances he is advised to file this complaint against O.P. for necessary reliefs.
2. On appearance OP filed the version contending that after payment of Rs.45,000/- towards membership fee Complainant sought for degradation of his membership to BLGCS 277B Scheme for which membership amount is Rs.40,000/-. As per the request of the complainant O.P. shifted the complainant’s membership BLGCS 277 scheme for which the membership charges of Rs.40,000/- and adjusted the balance amount of Rs.5000/- towards annual administration charges. Hence now complainant cannot seek for refund of membership. It is contended by the O.P. that complainants requested for degradation of membership and membership application forms are produced and marked as annexures A to C. But in fact O.P. has not produced any documents. It is further contended by OP that under the degraded membership Complainant is not entitled for complimentary plot. Complainant has suppressing the fact of degradation and filed the present complaint. Complainant has no grievance over the facilities provided as such the complainant seeking for refund of membership fee is not maintainable. Facilities cannot be provided at the door steps of the complainant. Hence complainant is not entitled for compensation and interest. There is no deficiency in service on the part of O.P. Among other grounds OP prayed for dismissal of the complaint.
3. In order to substantiate the complaint averments, complainant filed his affidavit evidence and produced 3 receipts issued by the O.P. Welcome letter of O.P., Copy of the legal notice and postal receipts and acknowledgement. On behalf of OP Venkatesh Verma C. Asst. Administration Manager, filed his affidavit evidence in support of the defence version. O.P. has not produced any documents. Heard arguments from complainant side and taken as heard from O.P. side.
4. In view of the above said facts, the points now that arises for our consideration in this complaint is as under:
Point No.1:- Whether the complainant
proved the deficiency in service
on the part of the OP ?
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:- In Affirmative.
Point No.2:- Affirmative in part.
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 attracted by the offers made by O.P. Complainant became the member of the O.P. club. Complainant paid Rs.45,000/- to O.P. on different dates starting from 6/2/2008 to 17/3/2008. O.P. issued the receipts acknowledging the receipt of amount. O.P. accepted the membership of the complainant and issued Cool Card membership bearing No.KOOL 2672. At the time of complainant becoming the member of O.P. club has assured to allot a site measuring 1089 Sq.ft. at Coconut grove. When O.P. failed to allot the site. Complainant requested O.P. to refund the amount. O.P. refused to refund the amount. On 20/12/2010 Complainant got issued legal notice requesting O.P. to allot the site or to refund the amount. With damages of Rs.50,000/-. Inspite of service of notice there was no response. Hence complainant approached this Forum for the necessary reliefs.
7. As against the case of the complainant the defence of the O.P. is that after payment of Rs.45,000/- towards membership fees of Kool 2672 complainant sought for degradation of his membership to BLGCS 277B scheme for which membership amount is only Rs.40,000/- and adjusted Rs.5000/- towards the annual administration charges. Under BLGCS Scheme complainant is not entitled for any complimentary plot nor same was offered by O.P. There is no basis for this defence. In the absence of any materials we are unable to accept this defence of O.P. that complainant himself sought for degradation of his membership. Though it is contended by O.P. that application forms and request letter for degradation of membership is produced as annexures but in fact O.P. has failed to produce any documents.
8. From the affidavit evidence of the complainant it becomes clear that O.P. has accepted the membership fees in the year 2008, itself but failed to provide the facilities offered to allot the complimentary site as assured. Inspite of service O.P. has failed to respond to the legal notice. O.P. 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 any materials we are unable to accept that O.P. has provided all the facilities as assured at the time of complainant becoming member of the O.P. club. Retention of amount without responding to the legal notice amounts to deficiency in service, On the part of O.P. we are satisfied that complainant is able to prove the deficiency in service, On the part of O.P. Under the circumstances we are of the considered view that complainant is entitled for refund of the amount paid with interest at 12% p.a. as compensation and litigation cost of Rs.2000/-. Accordingly we proceed to pass the following
O R D E R
The Complaint is allowed in part. OP is directed to refund Rs.45,000/- together with interest at the rate of 12% p.a. from the date of respective payments till the date of realisation and pay litigation cost of Rs.2000/- 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 both the parties free of cost.
(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 November 2011.)
MEMBER MEMBER PRESIDENT
