Complaint filed on: 07-09-2010
Disposed on: 29-12-2010
BEFORE THE BANGALORE IV ADDITIONAL DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM,
BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052
C.C.No.2068/2010
DATED THIS THE 29th DECEMBER 2010
PRESENT
SRI.D.KRISHNAPPA., PRESIDENT
SRI.GANGANARASAIAH., MEMBER
SMT. ANITA SHIVAKUMAR. K, MEMBER
Complainant: -
Sri.Manjesh.N,
No.76, 3rd Main,
Amarjyothi layout,
Ananda Nagar,
Bangalore-32
V/s
Opposite party: -
M/s. Country Club (India) Ltd,
No.847/1, Adj. to post office,
100 feet Road, Indiranagar,
Bangalore-560 038,
Rep. by its Mg. Director
O R D E R
Smt.Anita Shivakumar.K., Member
The grievance of the complaint against the Opposite party in brief is that, Op approached him to become a member of Mr.Kool on payment of Rs.1,25,000/- and promised certain facilities like holiday package, health club facilities and allotment of free site in coconut groove. Accordingly, he paid that amount in five installments. Op had issued receipt for the amount received by the complainant. The complainant paid amount of Rs.10,000/-,Rs.15,000/-, Rs.25,000/-, Rs.25,000/- Rs.50,000/- on different dates from 28/12/2007.By 15/6/2008 complainant had paid full amount of Rs.1,25,000/-through cheques. Op had also issued him membership card bearing no: Kool 1245 and Op had promised to allot a site in coconut Groove measuring 1089 sq.ft. Complainant waited for positive reply from Op but Op failed to register the free site as promised. OP keeps on promising without registering the site though several visits and requests made by the complainant. When Op fails to fulfill his promise, complainant requested Op to refund his money back since he is not in a position to believe the words of OP. Op neither registered the free site nor refunded the amount after several requests of complainant. Hence, complainant approached the forum to seek direction to the Op to refund RS.1,25,000/- with 18% interest p.a and to award Rs.3 lakh as compensation.
2. Notice sent to Op was served and Op appeared through his counsel and filed version contending that the complaint is not maintainable. But admitted that the complainant has become Mr.KOOL card member and has not denied the receipt of membership amount of Rs.1,25,000/- Op contended that the site no: 136 in phase VII under MGM scheme and another plot in favour of complainant towards his membership are allotted and intimated through allotment letter dated 9/9/2009. Despite request to deposit the registration charges, complainant has not paid it. Hence, there is no such deficiency caused by him as alleged by the complainant. Therefore, has prayed for dismissal of the complaint.
3. In the course of enquiry into the complaint the complainant and one Mr. Venkatesh Verma on behalf of op have filed their affidavit evidences reproducing what they have stated in their respective complaint and version. The complainant along with the complaint has produced the copy of receipts, the copy of Kool card membership card. Along with affidavit, Op has filed offer letter , allotment letter dated 9/9/2009,copy of letter of Revenue Divisional Officer, Penukonda, copy of letter of Tumkur, deputy commissioner, proposed layout plan of phase XV. Heard the counsel for both parties and perused the records.
4. On the above materials, following points for determination arise.
1. Whether the complainant proves that the Op has
caused deficiency in his service in not providing
the facilities as promised to Kool card member?
2. To what reliefs, the complainant is entitled to?
5. Our findings are as under:
Point No.1: In the affirmative
Point No.2: See the Final order
REASONS
6. Answer on Point No.1: As we have gone through the contention of both parties, the complainant has produced copies of receipts issued by the Op, he having paid Rs.10,000/-and Rs.15,000/- on 28/12/2007, Rs.25,000/-on16/1/2008, Rs.25,000/- on 16/2/2008, and Rs.50,000/- on 15/6/2008. The claim of the complainant, that he has paid in all Rs.1,25,000/- and become a cool card member, no.1245 of the Op club is proved and that is not denied by the Op. Op through his letter dated 4/1/2008 informed that the complainant as is a privilege member of his club by paying total sum of Rs.1,25,000/- had promised to allot complimentary plot at Coconut Groove vedic Spa. The Op through his allotment letter dated 9/9/2009confirmed the complainant that site allotted to this complainant will be 1089 sq.ft. Even after allotment of site Op has failed to execute the sale deed despite several requests of complainant.
7. The allotment letter referred to above can not be under any circumstance be considered as an allotment. What the letter says is that site allotted to the complainant will be in phase VII. Thus it is clear that without even forming any layout, the Op issued a letter claiming it to be an allotment letter long back which reads that site allotted to him will be in phase VII. It is not known when the Op is going to form layout and where and when it would be completed. Right from the year 2007, Op has not shown any progress in formation of layout and nothing is produced to show at least even now sites are ready for allotment. On going through the promise made by the Op and silence adopted by them for all these years do indicate that Op make all promises , show the sky to the innocent person, receive heavy amount and there after keeps quite without responding to the approaches of the consumers.
8. As we have gone through the material documents produced by op, the letters issued by the competent authorities regarding the conversion of land which is not highlighting any facts pertaining to the survey number and site belongs to the complainant. Op has also produced proposed layout plan of phase XV where the site no; 136 is not existing. But the site no.136 (without survey number) which is allotted to complainant is at Phase VII. Therefore, we find documents produced by Op are irrelevant to this complaint and not authenticated to consider.
9. Op has not produced any material documents to prove that the complainant has utilized any facilities and club services. Therefore, the complainant after getting himself dis-satisfied with the attitudes of Op and inaction and deficiency in the service of OP if opted for refund of money, it cannot be denied. The Op who has not rendered any service to the complainant, cannot withhold his money, as such we answer point no.1 in the affirmative and pass the following order.
ORDER
Complaint is allowed.
OP is directed to refund Rs.1,25,000/- paid by the complainant with interest @ 16% per annum from the date of respective payments till it is repaid.
OP shall also pay Rs.2,000/- towards cost of the complaint.
The above payment shall be paid within 45 days from the date of this order.
Dictated to the Stenographer, got it transcribed and corrected, pronounced on the Open Forum on this 29th December 2010.
Member Member President
