COMPLAINT FILED ON: 26.04.2011

DISPOSED ON: 06.09.2011

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

^{06th SEPTEMBER - 2011}

  PRESENT :-  SRI. B.S. REDDY                             PRESIDENT

                     SMT. M. YASHODHAMMA                MEMBER                   

                     SRI.M.MUNIYAPPA                          MEMBER

       COMPLAINT NO. 576/2011

O R D E R

SMT. M. YASHODHAMMA, MEMBER

          This is a Complaint filed U/S. 12 of Consumer Protection Act of 1986, by the respective  complainant, seeking direction to the Opposite party (herein after called as O.P) to refund  Rs.1,97,258/- which is inclusive of membership fees paid with interest at 18% on the allegations of deficiency in service on the part of the O.P.

The brief averments made in the complaint is as follows:

2.                Attracted by the offer made by the executive of OP who promised to provide various facilities like Holiday package, membership with RCI resorts, week end stay at Goa, free air ticket, allotment of complimentary plots etc., Complainant thought of becoming the member of Op club.  Complainant paid Rs.1,00,100/- on different dates starting from 19/11/2003 to 26/09/2006.  Op accepted the membership of the complainant issued, Kool membership card No. CG 1084.  OP also issued receipts for having received the amount.  Though complainant invested his hard earned money he is unable to reap the fruits of his, investment because of the hostile attitude of OP.  OP failed to allot the site as per their letter dated 27/12/2005 at Coconut grove.  Op demanded Rs.10,000/- within 30 days towards registration and for 2.5 years maintenance charges and incidental charges.  Hence complainant felt suspicions about the entire transaction and demanded refund of amount by submitting request for refund on 30/07/2009.  There was no response from O.P.  Again on 11/8/2009 complainant made one more request.  There was no response from O.P.  On 22/2/2011 complainant got issued legal notice calling upon OP to refund the amount along with 18% interest.  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 the necessary relief.

3.      On appearance OP filed the version mainly contending that complainant not paid any consideration he is not a consumer.  Complainant was initially a member under CCI master card membership scheme, having satisfied with the service he upgraded his membership to BLMPL scheme in the year 2004.  OP admits payment of Rs.99,000/-.  OP has already issued allotment letter infavour of complainant allotting complimentary plot No.139. and another plot No. 140 under MGM scheme at phase B project II, vedic spa. Since complainant failed to deposit Rs.15,000/- and Rs.20,000/-  towards registration and maintenance  charges, OP  could not register the allotted sites in favour of the complainant. Allotment of plot is subject to Government approvals and sanctions and also availability of the same.  OP is ready to register a complimentary plot at project I, phase 7 extension, situated at vedic spa pandiparthi village, in Sy.No.355/2.  Hindupur Road, Penugonda.  Plans and conversion have been obtained by O.P.  (Though it is contended by OP that conversion order sanction plan and MOU are produced as annexure in fact OP has not produced any documents.)  The membership fee paid is non refundable, same is utilized for development, maintenance of clubs and resorts across the country.  There is no deficiency in service on the part of O.P.  Hence it is prayed to dismiss the complaint.

4.      In order to substantiate the complaint averments Complainant filed his affidavit evidence and produced receipts issued by OP, correspondences, request letters for refund, copy of the legal notice and postal acknowledgements.  On behalf of OP Venkateshverma C., Asst. Administration Manager filed affidavit 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.

5.      In view of the above said facts, the points now that arises for our consideration in these complaint is as under:

       Point No.1:- Whether the complainant have proved           

                           the deficiency in service on the part of

 the OP?

Point No.2:- If so, whether the complainant is

                   entitled for the reliefs now claimed?

      Point No.3:- To what Order?

6.      Our findings on the above points are: 

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 the complainant attracted by the various offers made by the executive of O.P.  became the member of O.P. club.  Complainant paid Rs.10,000/- on 19/11/2003, Rs.1,100/- on 25/6/2004, Rs.5000/- on 11/8/2004, Rs.8000/- on 17/12/2005, Rs.20,000/- on 24/12/2005, Rs.5000/- on 25/1/2006, Rs.20,000/- on 25/1/2006, Rs.3000/- on 25/1/2006, Rs.17,500 on 21/2/2006, Rs.10,500/- on 26/09/2006 Totally complainant paid Rs.1,00,100/- to O.P. O.P. has admitted receipt of Rs.99,000/- only.  Complainant produced the receipt for Rs.1,100/- dated 25/6/2004 issued by O.P.  O.P. has omitted to consider the same.  We have perused the receipts produced by the complainant.  Now the grievance of complainant is O.P. having accepted Rs.1,00,100/- in the year 2003 to 2006 itself failed to allot and register the complimentary plot, infavour of the complainant.  Inspite of repeated requests and service of legal notice there is no response from O.P.  Hence complainant approached this Forum for the necessary relief.

8.      As against the case of the complainant; the defence of the OP that the Complainant is not a Consumer and membership paid is non refundable has no basis.  OP has contended that it has already issued an allotment letter in favour of complainant allotting complimentary plot No.139 and 140, situated at phase ‘B’, project-II, vedic spa but in support of its defence OP has not produced any supporting evidence such as copy of the allotment letter, postal receipts for having sent the allotment letter etc.  In the absence of any materials the defence of the OP that it has already sent allotment letter cannot be accepted.  Further the defence of the O.P. is that it would register a complimentary plot at project I, phase 7 extension, vedic spa pandiparthi village, Sy.No.355/2, Mandal, Hindupur Road, Penugonda and OP has obtained conversion order, sanction plan.  OP has sworn to the fact  in  para-9  of  its  affidavit that conversion order and sanction

plan are produced as annexure B.  But in fact OP has not produced any single document in support of it’s defence.  Hence in the absence of any supporting evidence we are unable to accept the defence of the OP that OP is ready to register the complimentary plot at project-I, phase-7, vedic spa Hindupur.  If OP is aware of the fact that it cannot allot and register the complimentary plot, it could have fairly refunded the amount to the complainant.  The act of O.P. in not allotting any plot and registering the same. Retention of amount for more than 5 years amounts to deficiency in service on the part of O.P.  Hence we are of the considered view that complainant is entitled for refund of amount paid along with interest at the rate of 12% p.a. as a 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.1,00,100/- to the complainant along with interest at 12% p.a. from  the date of respective payments till 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 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 06^th day of September 2011.)

MEMBER            MEMBER                PRESIDENT

Rk.

rk.     

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 14^th  day of July 2011.)

MEMBER            MEMBER                PRESIDENT

rk.