Complaint filed on: 03-12-2010
Disposed on: 28-03-2011
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.2782/2010
DATED THIS THE 28th MARCH 2011
PRESENT
SRI.D.KRISHNAPPA., PRESIDENT
SRI.GANGANARASAIAH, MEMBER
SMT.ANITA SHIVAKUMAR.K., MEMBER
Complainant: -
Sri.Lakshminarayana Bhat,
Major, R/at No.20, Puttana Road,
Gandhi Bazaar, Basavanagudi,
Bangalore -04
V/s
Opposite party: -
M/s. Country Club India Ltd,
No.675, 9th A Main,
Indiranagar, 1st Stage,
Bangalore-38
Representing by its Managing
Director
O R D E R
SMT.ANITA SHIVAKUMAR.K., MEMBER.
The grievance of the complainant against the Op filed under section 12 of the consumer protection Act, 1986 in brief is that the complainant became member of Op club in the year 2007. The complainant had paid Rs. 1, 25,000/- in two installments. Rs.60, 000/- had paid through D.D dated 8/12/2007 and Rs.65,000/- paid by way of cash on 31/12/2007. Op had issued receipt for receiving the amount and allotted membership number KOOL 1363 to the complainant. At the time of accepting membership of the complainant, Op assured that besides the benefits and privileges provided by the club, the complainant is entitled for allotment of free site in Tumkur developed by the Op with M/S Amrutha Estate which is division of Op. Accordingly on 3/3/2008 Op issued allotment letter intimating that he has allotted a free site no.94 measuring 1089 sq.ft in phase VI at Coconut groove, vedic spa. For that the complainant has told to pay registration charges of Rs.15,000/- The complainant was ready to pay necessary charges to get the site register, but Op failed to convey about allotted site. Inspite of repeated request made by the complainant, Op not shown where exactly the site is situated. The complainant requested Op to refund his amount by submitting request form and letter dated 3/8/2009. Though Op acknowledged both and he neither refunded his amount nor register the site. Later Op representative orally offered a site near Hindupur, Andra Pradesh which is not acceptable by the complainant and he insists for refund. Op is failed to keep his promises in not providing the benefits and not registering the site. Therefore, complainant has alleged that Op caused deficiency in service with lots of false assurances, misrepresentations. Hence, prayed for direction to op to refund of Rs.1, 25,000/- with 24% interest p.a and Rs.2, 00,000/- compensation.
2. Notice sent to Op was served and Op appeared through his counsel contending that the complainant is not maintainable. But admitted that the complainant has become a member of OP club and has admitted the receipt of membership amount of Rs.1,25,000 in two installments. He has not paid registration charges of Rs.15,000/- though he has been intimated through allotment letter dated 3/3/2008. 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 has produced the copy of receipts, copy of identity card issued by Op, copy of letter of allotment dated 3/3/2008, the copy of request form dated 3/8/2009, copy of letter addressed to Op dated 3/8/2009.Op has produced copy of offer letter, copy of letter of revenue divisional officer, Penukonda regarding conversion of land with affidavit evidence. Counsels for Op and complainant argued, 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 registering the complimentary site as promised?
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.1,25,,000/- to on 8/12/2007 through credit card and by way of cash on 31/12/2007,receipt has been issued for the same. The claim of the complainant, that he has paid in all Rs.1,25,000/- and become a cool card member, no.KOOL 1363 of the Op club is proved and that is not denied by the Op. Op through his letter dated 5/1/2008 informed that the complainant has 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 is found through his allotment letter dated 3/3/2008confirmed the complainant that site allotted to this complainant will be 1089 sq.ft in Phase VI site no.94 and intimated to pay registration charges of Rs.15,000/-. The complainant requested op to show the site before going to register it, though he was ready to pay the registration charges. Even after repeated demand Op failed to show the site where exactly the allotted site is situated. The complainant submitted that since Op has not shown the site near Tumkur as promised and later orally agreed to register the site near Hindupur/ Penukonda, Andra Pradesh. Which is not agreeable to complainant. Even Op has stated that the complimentary site allotted in Vedic spa located at Penakonda. The same is 30-40 kms from Chikkaballapura and 70kms from Bangalore.
7. The allotment letter referred above cannot be under any circumstance be considered as an allotment. What the letter says is that site allotted to the complainant will be in phase VI. Thus it is clear that without even forming any layout, the Op issuing a letter claiming it to be an allotment letter long back which reads that site allotted to him will be in phase VI. 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 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 to indicate that Op make all promises , show the sky to the innocent person receive heavy amount and there after keep quite without responding to the approaches of the consumers.
8. On perusal of the documents produced by the OP, it is seen that, he has produced a Xerox copy of alleged conversion order passed by a Revenue Divisional Officer, Penukonda converting certain agricultural lands for non-agricultural propose. Further, the order discloses that one Mr.Praveen.S, JP Nagar, 2nd Phase, Bangalore applied for conversion of these lands and not by the OP. The OP has not submitted anything before us nor submitted orally as how the conversion order granted in favour of that person has nothing to do with the OP and his right of providing any site to the complainant in that land. He has also produced a Xerox copy of a layout plan which is said to be phase-7, even in it we do not find the Sy.No. of which village, the layout is formed and other particulars. Therefore, it looks that the OP with a view to mislead the complainant and also to mislead this forum to show as if, he is ready to allot site has produced these two documents, which cannot be believed to say that the OP is bonafide in his offer to allot site. The OP after receipt of money has not made any progress and kept in touch with the complainant itself speak of his deficiency in the service and the misleading act of this OP. We therefore proposed to impose punitive damage, so that, he can learn a lesson to be careful in future in placing certain materials before this forum, which are not genuine.
9. Op has not produced any material documents to prove that the complainant has utilized atleast part of the facilities of the club services. Therefore, the complainant after getting himself dis-satisfied with the attitude of Op and inaction and deficiency in the service 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
Complainant is allowed
Op is directed to refund Rs.1,25,000/- paid by the complainant with interest @ 16% P.A. from the date of respective payments till it is repaid.
OP shall pay punitive damages of Rs.10,000=00 out of which Rs.5,000=00 be paid to the complainant and the balance to be remitted to the Legal Aid Account of this forum and that amount shall be paid within 45 days from the date of this order. Failing which, it shall carry interest at 12% per annum from the date of this order till the date of payment.
Op shall also pay Rs.2000/- 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 28th March 2011.
Member Member President
