COMPLAINT FILED ON: 05.05.2011 DISPOSED ON: 24.10.2011 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) 24th OCTOBER 2011 PRESENT:- SRI.B.S.REDDY PRESIDENT SMT. M. YASHODHAMMA MEMBER SRI.A.MUNIYAPPA MEMBER COMPLAINT NO. 548/2011 COMPLAINANTS Vasantha Chetty, F-1, Bhargav Towers, No.20, Dinnur Main Road, R.T.Nagar, Bangalore- 560 037. (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.2,58,666/- paid towards membership fees, registration charges and administration charges with interest at the rate of 18% p.a. along with compensation of Rs. 2 lakhs/- 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, Complainant paid sum of Rs.2,40,000/- membership fee, 15000/- registration charges and 3666/- administration charges to O.P. on different dates starting from 21-8-2006 to 25-5-2009. O.P. has issued the receipts acknowledging the receipt of the amount. O.P. assured to allot a site measuring 1089 Sq.ft. at Country club Coconut grove. O.P. accepted the membership of the complainant and issued Cool card bearing No. KOOL CG 3586. O.P. failed to allot the complimentary plot measuring 1089 Sq.ft. at Coconut Groove as promised. Complainant wrote a letter requesting O.P. to allot a site as per promise made by O.P. There was no proper response from O.P. Complainant waited for 3 years. Later on complainant demanded for refund of amount. O.P. refused to refund the same and went on postponing the same on one or the other pretext. Complainant visited the O.P. on several occasions. On 18-3-2011 complainant got issued legal notice requesting O.P. to allot the site or to refund the amount along with interest and compensation of Rs.2 lakhs. Inspite of service of notice there was no response from O.P. Hence complainant felt deficiency in service against O.P. Under the circumstance he is advised to file this complaint against O.P. for necessary reliefs. 2. On appearance OP filed the version admitting that complainant initially taken membership of COOL CG 3586 by paying Rs.1,15,000/- There after having satisfied with the service of O.P. in order to avail additional benefits had upgraded his membership to COOL SVS-266 by paying Rs.1,25,000/-. In all complainant has paid Rs.2,40,000/-. Though the membership fee of COOL SVS is Rs.2,50,000/- complainant was given discount of Rs.10,000/-. Complainant is seeking refund of Rs.3,666/- paid by the complainant towards annual administration and maintenance charges which includes the taxes payable to Government and same is payable by the all the members. Further it is contended by O.P. that it has already issued an allotment letter infavour of the complainant allotting a complimentary plot bearing No.311, towards his COOL CG membership situated at 11th phase, Coconut Grove, Tumkur District. In the said allotment letter O.P. has asked the complainant to deposit Registration and maintenance charges of Rs.15,000/-. Subsequent to deposit of the registration charges of Rs.15,000/- O.P. has been calling upon the complainant to come forward for registration. Since complainant has not come forward O.P. could not Register the site in favour of the complainant. Further it is contended by O.P. that after up gradation of membership. O.P. has allotted 2 complimentary plots bearing No.243 & 244, situated at Project-II, “K”Phase, Vedic Spa, Pandiparthy Village, Ananthpur District. But complainant has not paid registration charges for the same. In the said allotment letter O.P. has asked the complainant to deposit of sum of Rs.40,000/- towards registration and maintenance charges. Complainant has not deposited the same inspite of several requests and reminders. Hence O.P. could not register the site infavour of the complainant. The allotment of complimentary plot is subject to government approval, sanction and also availability of the same. O.P. would register complimentary plot at Project-1, Phase 7 Extn., situated at Vedic Spa Pandiparthi Village, Survey No.355/2, Somandepalli, Mandal, Hindupur Road, Penugonda. Since Complainant has not come forward for registration of complimentary plot allotted under Cool CG 3586. O.P. would register the complimentary plot at XV Extn., situated at Rathnasandra Village, Sira Taluk, Tumkur District. All the plans and conversion has been obtained by O.P. Though it is contended by O.P. that copy of conversion order sanction plan and MOU are produced and marked as annexures, in fact O.P. has not produced any documents. The membership fee paid is not refundable any order for refund would cause loss to O.P. Complainant has not requested for free trip as such complainant cannot blame O.P. for the same. The said services 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 5 receipts issued by the O.P. copy of the legal notice and postal 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. Complainant filed written arguments. 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? 6. We have gone through the pleadings of the parties both oral 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 7. 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. and paid Rs.2,40,000/- towards membership fees; Rs.15,000/- towards registration charges and Rs.3,666/- towards administration charges to O.P. In all complainant has paid to Rs.2,58,666/- to O.P. On different dates starting from 21/8/2006 to 14/12/2007. O.P. has issued the receipts acknowledging receipt of amount. O.P. accepted the membership of the complainant and has also issued membership card bearing No. Kool CG 3586. O.P. failed to allot and register the complimentary plot at coconut grove as assured at the time of complainant becoming the member of the O.P. club. There is no response to the legal notice. Hence complainant approached this Forum for the necessary reliefs. 8. As against the case of the complainant the defence of the O.P. is that O.P. has already issued allotment letter infavour of the complainant allotting a complimentary plot bearing No.311, at 11th phase, Coconut grove, Tumkur District. Though Complainant has paid Rs.15000/- towards registration charges on 25/9/2006 has not come forward for registration. Hence O.P. could not register the site. In the absence of any materials we are unable to accept this defence of O.P. that it has already sent allotment letters. O.P. has not produced any copy of the allotment letter or correspondence. 9. Further it is contend by O.P. that after upgradation of membership. O.P. has allotted two complimentary plots bearing No.243 and 244 situated at project II ‘K’ phase vedic spa, pandiparthy village, Ananthpur District. But complainant has not paid registration charges of Rs.40,000/- for the same, inspite of several reminders. Again this defence of O.P. has no basis. O.P. has failed to produce copy of the allotment letter or reminder in support of its defence. Further defence of O.P. is that it is ready to register complimentary plot at project I, 7th extension, at Sy.No.355/2 Somandepalli Mandal, Hindupur road, Penugonda. O.P. has obtained conversion and sanction order. Though it is contended by O.P. that copy of the conversion order, sanction plan and MOU are produced as annexure but in fact O.P. has not produced any documents in support of its defence version. 10. From the affidavit evidence of the complainant it becomes clear that O.P. has accepted the membership fees and also registration and maintenance charges in the year 2006-07, itself but failed to allot and register the complimentary sites as assured which act of O.P. amounts to deficiency in service on its part. In support of its defence 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 of any materials we are unable to accept the contention of O.P. that it has formed the layout duly approved by the statutory authorities. Hence it becomes clear that O.P. has failed to provide the facilities as assured at the time of complainant becoming member of the O.P. club. Further O.P. failed to refund the amount inspite of repeated requests and service of legal notice. 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.2,58,666/- 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 24th day of October 2011.) MEMBER MEMBER PRESIDENT COMPLAINT FILED ON: 05.05.2011 DISPOSED ON: 24.10.2011 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) 24th OCTOBER 2011 PRESENT:- SRI.B.S.REDDY PRESIDENT SMT. M. YASHODHAMMA MEMBER SRI.A.MUNIYAPPA MEMBER COMPLAINT NO. 548/2011 COMPLAINANTS Vasantha Chetty, F-1, Bhargav Towers, No.20, Dinnur Main Road, R.T.Nagar, Bangalore- 560 037. (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.2,58,666/- paid towards membership fees, registration charges and administration charges with interest at the rate of 18% p.a. along with compensation of Rs. 2 lakhs/- 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, Complainant paid sum of Rs.2,40,000/- membership fee, 15000/- registration charges and 3666/- administration charges to O.P. on different dates starting from 21-8-2006 to 25-5-2009. O.P. has issued the receipts acknowledging the receipt of the amount. O.P. assured to allot a site measuring 1089 Sq.ft. at Country club Coconut grove. O.P. accepted the membership of the complainant and issued Cool card bearing No. KOOL CG 3586. O.P. failed to allot the complimentary plot measuring 1089 Sq.ft. at Coconut Groove as promised. Complainant wrote a letter requesting O.P. to allot a site as per promise made by O.P. There was no proper response from O.P. Complainant waited for 3 years. Later on complainant demanded for refund of amount. O.P. refused to refund the same and went on postponing the same on one or the other pretext. Complainant visited the O.P. on several occasions. On 18-3-2011 complainant got issued legal notice requesting O.P. to allot the site or to refund the amount along with interest and compensation of Rs.2 lakhs. Inspite of service of notice there was no response from O.P. Hence complainant felt deficiency in service against O.P. Under the circumstance he is advised to file this complaint against O.P. for necessary reliefs. 2. On appearance OP filed the version admitting that complainant initially taken membership of COOL CG 3586 by paying Rs.1,15,000/- There after having satisfied with the service of O.P. in order to avail additional benefits had upgraded his membership to COOL SVS-266 by paying Rs.1,25,000/-. In all complainant has paid Rs.2,40,000/-. Though the membership fee of COOL SVS is Rs.2,50,000/- complainant was given discount of Rs.10,000/-. Complainant is seeking refund of Rs.3,666/- paid by the complainant towards annual administration and maintenance charges which includes the taxes payable to Government and same is payable by the all the members. Further it is contended by O.P. that it has already issued an allotment letter infavour of the complainant allotting a complimentary plot bearing No.311, towards his COOL CG membership situated at 11th phase, Coconut Grove, Tumkur District. In the said allotment letter O.P. has asked the complainant to deposit Registration and maintenance charges of Rs.15,000/-. Subsequent to deposit of the registration charges of Rs.15,000/- O.P. has been calling upon the complainant to come forward for registration. Since complainant has not come forward O.P. could not Register the site in favour of the complainant. Further it is contended by O.P. that after up gradation of membership. O.P. has allotted 2 complimentary plots bearing No.243 & 244, situated at Project-II, “K”Phase, Vedic Spa, Pandiparthy Village, Ananthpur District. But complainant has not paid registration charges for the same. In the said allotment letter O.P. has asked the complainant to deposit of sum of Rs.40,000/- towards registration and maintenance charges. Complainant has not deposited the same inspite of several requests and reminders. Hence O.P. could not register the site infavour of the complainant. The allotment of complimentary plot is subject to government approval, sanction and also availability of the same. O.P. would register complimentary plot at Project-1, Phase 7 Extn., situated at Vedic Spa Pandiparthi Village, Survey No.355/2, Somandepalli, Mandal, Hindupur Road, Penugonda. Since Complainant has not come forward for registration of complimentary plot allotted under Cool CG 3586. O.P. would register the complimentary plot at XV Extn., situated at Rathnasandra Village, Sira Taluk, Tumkur District. All the plans and conversion has been obtained by O.P. Though it is contended by O.P. that copy of conversion order sanction plan and MOU are produced and marked as annexures, in fact O.P. has not produced any documents. The membership fee paid is not refundable any order for refund would cause loss to O.P. Complainant has not requested for free trip as such complainant cannot blame O.P. for the same. The said services 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 5 receipts issued by the O.P. copy of the legal notice and postal 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. Complainant filed written arguments. 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? 6. We have gone through the pleadings of the parties both oral 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 7. 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. and paid Rs.2,40,000/- towards membership fees; Rs.15,000/- towards registration charges and Rs.3,666/- towards administration charges to O.P. In all complainant has paid to Rs.2,58,666/- to O.P. On different dates starting from 21/8/2006 to 14/12/2007. O.P. has issued the receipts acknowledging receipt of amount. O.P. accepted the membership of the complainant and has also issued membership card bearing No. Kool CG 3586. O.P. failed to allot and register the complimentary plot at coconut grove as assured at the time of complainant becoming the member of the O.P. club. There is no response to the legal notice. Hence complainant approached this Forum for the necessary reliefs. 8. As against the case of the complainant the defence of the O.P. is that O.P. has already issued allotment letter infavour of the complainant allotting a complimentary plot bearing No.311, at 11th phase, Coconut grove, Tumkur District. Though Complainant has paid Rs.15000/- towards registration charges on 25/9/2006 has not come forward for registration. Hence O.P. could not register the site. In the absence of any materials we are unable to accept this defence of O.P. that it has already sent allotment letters. O.P. has not produced any copy of the allotment letter or correspondence. 9. Further it is contend by O.P. that after upgradation of membership. O.P. has allotted two complimentary plots bearing No.243 and 244 situated at project II ‘K’ phase vedic spa, pandiparthy village, Ananthpur District. But complainant has not paid registration charges of Rs.40,000/- for the same, inspite of several reminders. Again this defence of O.P. has no basis. O.P. has failed to produce copy of the allotment letter or reminder in support of its defence. Further defence of O.P. is that it is ready to register complimentary plot at project I, 7th extension, at Sy.No.355/2 Somandepalli Mandal, Hindupur road, Penugonda. O.P. has obtained conversion and sanction order. Though it is contended by O.P. that copy of the conversion order, sanction plan and MOU are produced as annexure but in fact O.P. has not produced any documents in support of its defence version. 10. From the affidavit evidence of the complainant it becomes clear that O.P. has accepted the membership fees and also registration and maintenance charges in the year 2006-07, itself but failed to allot and register the complimentary sites as assured which act of O.P. amounts to deficiency in service on its part. In support of its defence 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 of any materials we are unable to accept the contention of O.P. that it has formed the layout duly approved by the statutory authorities. Hence it becomes clear that O.P. has failed to provide the facilities as assured at the time of complainant becoming member of the O.P. club. Further O.P. failed to refund the amount inspite of repeated requests and service of legal notice. 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.2,58,666/- 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 24th day of October 2011.) MEMBER MEMBER PRESIDENT | 
