COMPLAINT FILED: 28.10.2009 <br /> DISPOSED ON: 17.06.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 17TH JUNE 2010<br /> <br /> PRESENT:- SRI. B.S. REDDY PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER<br /> SRI. A. MUNIYAPPA MEMBER <br /> COMPLAINT No.2522/2009<br /> <br /> COMPLAINANT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> OPPOSITE PARTY<br /> <br /> <br /> <br /> <br /> <br /> <br /> Maria Louis,<br /> Aged about 50 years,<br /> S/o Late Maria Doss,<br /> R/at No.245, Majid Road,<br /> Gandhipuram, White Field,<br /> Bangalore – 560 066.<br /> <br /> Advocate: Sri R.Vickramaditam<br /> <br /> <br /> V/s.<br /> <br /> <br /> The Country Club (India) Ltd.,<br /> # 675, 9th ‘A’ Main,<br /> Indira Nagar 1st Stage,<br /> Bangalore – 560 038.<br /> <br /> Rep: by its Administrative Officer.<br /> <br /> Advocate: Sri S.Harish<br /> <br /> <br /> <br /> <br /> O R D E R<br /> <br /> SRI. B.S.REDDY, PRESIDENT<br /> <br /> The complainant filed this complaint U/s. 12 of the Consumer Protection Act of 1986, seeking direction against Opposite Party (herein after called as O.P) to refund an amount of Rs.2,03,670/- with interest at 18% p.a. and compensation of Rs.50,000/- and litigation cost of Rs.5,000/- on an allegations of deficiency in service on the part of the OP. <br /> <br /> 2. In the complaint it is stated that OP invited applications for becoming ‘Mr. Kool life members’, believing the words of agents of the OP complainant paid sum of Rs.50,000/-became member of OP. He paid further sum of Rs.95,000/- as demanded by OP as he was assured allotment of a complimentary plot he was told that the plot to be allotted is very near to Devanahalli Airport and it is just 30 km from Bangalore city. Further sum of Rs.85,000/- and Rs.10,000/- was paid by the complainant to the OP. The complainant received allotment letter dated 06.08.2008 with regard to allotment of site No.206 and he was requested to pay Rs.15,000/- towards site confirmation and administrative charges which included registration expenses and maintenance charges for a period of 30 months. The complainant visited the office of OP and on enquiry he was assured that the plot situated near Devanahalli Airport will be allotted. Further the complainant introducing 2 members to OP and he was promised 2 more sites situated near Devanahalli Airport. He was requested to pay site confirmation and registration fees for those sites and he has paid the same by way of credit cards. Further he has paid annual fee of Rs.3,670/-. In the month of March the complainant received two documents by post and to his utter dismay he came to know that he had been allotted sites in Penukonda by way of gift deed dated 25.02.2009. The deficiency of service on the part of the OP is that the sites are not allotted near Devanahalli Airport as promised instead the sites are allotted at Penukonda. The complainant has not utilized even 1% of service of OP, he visited the office of OP and demanded to refund the amount; OP failed to repay the same. Hence the complainant felt deficiency in service on the part of the OP and was advised to file this complaint seeking the necessary relief stated above. <br /> <br /> 3. On appearance, OP filed the version contending that since OP has already registered the complimentary sites in favour of the complainant, any order of refund of the membership fee would amount cancellation of registered document, which cannot be done in a summery proceedings, complainant has to approach the proper fora for agitating the same. The place of complimentary sites has been informed to all the members including complainant. OP never assured to allot complimentary site near International Airport. All the members knew the place of allotment of complimentary sites, the membership fee paid is non-refundable, since the membership fee paid would be utilized for development, maintenance and development of the clubs and resorts across the country. There is no deficiency of service on the part of the OP. The complainant has introduced one member a complementary plot towards the same is allotted the complainant has paid registration charges of 2 complimentary sites one for his membership and another for his introduction of another member, towards which 2 complimentary sites have been registered in his favour. The complainant has paid Rs.3,670/- towards annual and maintenance charges, the said charges include the taxes payable to the Government the complainant is not entitled for the any of reliefs claimed. Hence it is prayed to dismiss the complaint with exemplary costs. <br /> <br /> 4. In order to substantiate the complaint averments, the complainant filed affidavit evidence. The Manager (Customer Care) of the OP filed affidavit evidence in support of the defence version. <br /> <br /> 5. Arguments from complainant side heard, OP side taken as heard. Points for consideration are:<br /> <br /> Point No.1:- Whether the complainant proved the <br /> deficiency in service on the part of the OP?<br /> <br /> Point No.2:- If so, whether the complainant is <br /> entitled for the reliefs now claimed?<br /> <br /> Point No.3:- To what Order?<br /> <br /> 6. After going through the pleadings, the documents produced, affidavit evidence and arguments advanced; we record our findings for the reasons stated in the following paragraphs as under: <br /> <br /> Point No.1:- Affirmative. <br /> Point No.2:- Affirmative in part. <br /> Point No.3:- As per final Order.<br /> <br /> R E A S O N S<br /> <br /> 7. At the outset it is not at dispute that the complainant became member of OP club by paying total amount of Rs.1,45,000/-. The documents at serial No.1 to 3, 7 and 8 are the receipts for having paid the said amount to the OP. The complainant received letter from Country Condo’s on 06.08.2008 stating that the site No.206 has been allotted as complimentary free site with a request to pay Rs.15,000/- towards site confirmation and administrative charges which included registration expenses and maintenance charges for a period of 30 months. The said letter is at document No.12. Further the complainant introduced two more members to OP club and OP promised to allot two more sites. He was intimated to pay confirmation and registration fee for those two sites. Site No.124 and 494 were allotted as per the allotment letters; the documents at serial No.9 and 11 and he was requested to remit the amount of Rs.15,000/- for each sites towards site confirmation and administrative charges. The complainant has paid the required amount through credit cards. The account statements of credit cards are produced as document No.12. The complainant has also paid annual fee of Rs.3,670/- as per the receipt document No.23. Thus the complainant has paid in all an amount of Rs.2,03,670/-. The complainant received two registered gift deeds by post in the month of March and at that time he came to know that the sites are situated at Penukonda Taluk, Ananthapur District. The main grievances of the complainant is when he visited the office of OP to enquire with place of sites to be allotted, the officials of the OP informed him and assured that the sites situated near Devanahalli Airport will be allotted, but the sites allotted through registered gift deeds are situated at Penukonda Taluk of Ananthapur District. Thus the complainant claims that OP by not allotting the sites near Devanahalli Airport as assured has practiced unfair trade practice and deficiency in service. The complainant has not utilized the services of OP. Thus the complainants claims for refund of the entire amount paid with compensation of Rs.50,000/-.<br /> 8. In the version filed the main contention of OP is that the sites offered to the members were complimentary sites. All the members including the complainant were informed about location of the sites to be allotted, but only site number was not informed. The complainant after knowing fully well that the sites formed at Penukonda will be allotted has paid the registration charges for the gift deeds; accordingly the sister concern of OP has executed the gift deeds. This Forum cannot decide the dispute with regarding the location of sites and OP never assured to allot the sites near Devanahalli Airport. Further the contention is the membership fee cannot be refunded as the said amount has been utilized for the developmental works of the club. There is no deficiency in service on the part of the OP, hence the complainant is not entitled for any reliefs. <br /> <br /> 9. In our view from the affidavit evidence of the complainant it becomes clear that at the time of becoming the member; the complainant was assured to allot complimentary sites near Devanahalli Airport. The complainant believing the assurance became the member by paying huge amount of Rs.1,45,000/-. There is no material produced by OP in support of the contention that the complainant and other members were informed that the sites situated at Penukonda will be allotted as complimentary sites. Even in the letters of allotment of the sites forwarded to the complainant, OP has clearly not mentioned the location of the sites so as to know the place where such sites are formed, but it is mentioned as complimentary free sites at Vedic Country Spa project II Kool. Had OP informed the complainant that the sites situated at Penukonda would be allotted as complimentary sites, he would not have become the member of OP club by paying such a huge amount. Under these circumstances we are of the view that OP by allotting the sites at Penukonda instead of allotting sites near Devanahalli Airport as assured committed unfair trade practice and deficiency in service. Under these circumstances we are of the considered view that the complainant is entitled for the relief of refund of the amount paid with interest and litigation cost. Accordingly we proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaint filed by the complainant is allowed in part. OP is directed to refund an amount of Rs.2,03,670/- with interest at 9% p.a. from the date of respective payments till the date of realization with litigation cost of Rs.2,000/-. <br /> <br /> This order is to be complied within four weeks from the date of this order. <br /> <br /> Send the copy of this order to both the parties free of cost.<br /> <br /> (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 17th day of June 2010.) <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> Snm: <br /> <br />