O R D E R
SRI.D. KRISHNAPPA, PRESIDENT:
The grievance of the complainant against the Op in brief is, that he was compelled to become a member of Op promising free vacant site of 1089 sq. ft near Devanahalli International Airport and in addition a plot at Kodai in Tamil Nadu on payment of additional Rs.75,000/-. When he became a member has paid a total sum of Rs.2,20,000/- which is inclusive of Rs.75,000/- to avail a plot at Kodai Foot Hills. That Op issued a letter on 10/04/2008 reiterating that they will allot a plot at Country Kodai Foot Hills and he has also received a letter from Op on 04/05/2008 in this regard. Op then issued a letter of allotment on 24/10/2008 allotting site No.534 at Serene Hills extension 3 sites near Kodai Foot Hills and sought payment of Rs.25,000/- towards registration and documentation charges. The Op as against this offer to provide a site at Devanahalli, offered a site at Hindupur which is a barren land. Then through his letter dated 01/08/2009 being not satisfied with the service of the Op requested for refund of his money which is acknowledged by the Op on the same date. That despite issue of legal notice on 19/07/2010, Op has failed to refund his money and therefore has prayed for a direction to the Op to refund money paid by him, to award compensation of Rs.1.00 lakh and cost.
2. Op has appeared through his advocate and filed version contending that complaint is not maintainable. Complainant is not a consumer that offer of plots was complementary and the complainant has not paid any consideration towards the cost of the plot. That on the complainant becoming a member under Cool Scheme he has been allotted plot No.354 at Kodai Hills and the complainant was told to pay Rs.25,000/- towards registration and maintenance charges. That necessary permission has been obtained for the said sites and they are ready to execute documents in respect of sites allotted and further denying deficiency in their service has stated that cool life time member would get life membership of the club, complementary plot, holiday package to Bandipur and to Goa with other facilities and therefore denying all other allegations of the complainant has prayed for dismissal of the complaint.
3. In the course of enquiry into the complaint, the complainant has filed his affidavit evidence where as Op has not filed his affidavit evidence. Complainant along with the complaint has produced a pamphlet containing several offers offered by the Op which is issued by them. Copies of receipts for having paid membership fee, then copies of few letters addressed by the Op to the complainant, letter of allotment allotting a site near Kodai Foot Hills, then copies of letters given by the complainant to Op for refund of money, with a copy of legal notice he got issued to the Op. Op has not produced any documents. We have heard the arguments of the counsel for both the parties and perused the records.
4. On the above contentions, following points for determination arise.
- Whether the complainant proves that the Op has caused deficiency in his service by not providing the facilities as promised and he is entitled for refund of his money?
- To what relief 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: Op has not denied that the complainant after paying Rs.1,30,000/- towards cool membership become entitle for a plot in Karnataka or elsewhere and has also paid Rs.75,000/- on account of Mr. Cool Kodai to avail another plot at Kodai Hills and the complainant has in all paid them Rs.2,20,000/-. The complainant has contended that at the time of becoming a member, Op had offered to provide plot near Devanahalli International Airport and another site at Kodai Foot Hills but the Op as against the site offered near Devanahalli International Airport, offered plot at Penukonda in Andhra Pradesh and at Kodai Hills Foot which are barren land very far away and no developments are made. The complainant has further contended that so far he has not availed any benefits of the Op and he being not happy with the service of the Op gave a letter to the Op for refund of his money which is acknowledged by the Op on 08/08/2009. As found from the version filed, Op has not denied any of these facts.
7. Literature published by the Op is produced by the complainant in which Op admitted to have offered plots to the members in NRI Township with converted land and stated that entertainment facilities like swimming pool, health spa, club house, golf, helipad, hospital, water sports, many other swimming pool are arranged. The complainant has stated except the barren land there is nothing available at the lands offered. Op admittedly issued a letter of allotment allotting a plot at Kodai Foot Hills on 24/10/2008. In this letter except mentioning site number as 534 near Kodai Foot Hills, the Op absolutely has not given any other details of the land and location, the word used is near Kodai Foot Hills. Therefore it is not certain as to where that plot is situated. The Op has also not produced any order of conversion, formation of layout, survey number/numbers in which layout is formed, the village or township where it is done. After collecting use money in the year 2008 till date Op it appears to have not sent any communications for having formed layout with all legal requirements offering to make final allotment and registering of documents. The complainant on 01/08/2009 sent a letter to the Op stating that land where plots are offered totally undeveloped barren land with no infrastructure and all promises are false and further stated that he has never visited club so far or utilized any facilities offered by the Op. Then as stated above, the Op received a letter of the complainant for refund of money then ended with issue of legal notice dated 19/07/2010. As against this Op never sent reply refuting the allegations of the complainant about non-development of the land and deficiency in the service of the Op. Op also never replied to the letter of the complainant demanding refund of money and that money cannot be refunded and offering to develop land, formed layout and offered plots. The Op having kept quite and slept over the money of the complainant is now in the version offering to register the plot on the complainant paying registration fee is not an honest and bonafide offer. The evidence of the complainant has not been controverted by filing counter affidavit by the Op. As such, we find that the complainant has proved that the Op has caused deficiency in his service.
8. It is needless to say that the Op by using all attractive words by giving different names to membership offered attractive facilities to the consumers, collected their monies and thereafter kept quite without showing any progress and making any offer to fulfill the promise made to the consumers. If all these developments which are not reputed by the Op are taken together that lead to the fact that the Op has indulged in unfair trade practice and considering the number of unascertainable consumers suffered at the hands of the Op we propose to impose punitive damages against him besides ordering refund of money to the complainant with other charges. With the result, we answer point No.1 in the affirmative and pass the following order.
O R D E R
Complaint is allowed. OP is directed to refund Rs.2,20,000/- (Rupees Two Lakhs Twenty Thousand only) to the complainant with interest @ 16% p.a on Rs.1,45,000/- (Rupees One Lakh Forty Five Thousand only) from 31/03/2008 and on Rs.75,000/- (Rupees Seventy Five Thousand only) from 1/04/2008 till the date of payment. Op is directed to pay that amount within 60 days from the date of this order.
Op is also directed to pay punitive damages of Rs.25,000/- (Rupees Twenty Five Thousand only) out of which Rs.15,000/- (Rupees Fifteen Thousand only) be paid to the complainant and balance Rs.10,000/- (Rupees Ten Thousand only) be remitted to the legal aid account of this forum.
Op shall also pay cost of Rs.2,000/- (Rupees Two Thousand only) to the complainant.
