PRESENT

                   Complainant by Adv. Shri. Moghe present.

                   Opponent –Absent.                  

                                       ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President)

1.         The Complainant has filed the complaint against the Opponent for deficiency-in-service as per section 12 of Consumer Protection Act, 1986.
2.         The Complainant stated that, he visited oppo. 1 in September, 2008 for attending presentation of holiday scheme and club membership of opponent. The Complainant decided to be a member of the said scheme. He paid Rs. 50,000/- towards the club vacation and a plot.
3. On  5th November, 2008 Opponent executed an agreement for sale in favour of the Complainant. As per the said agreement the Complainant was entitle for resiential plot of 2,000 sq. ft. at Kolad, Dist: Raigad along with other facilities.
4. The Complainant paid total amount of Rs. 1,95,000/-( One lac ninety five thousand)  on  3rd September, 2009 and became a member of a country vacation. He repeatedly requested to the Opponents for performance of the obligations as per the said agreement. However, Opponents failed to perform the terms of said agreement.     
5. The Complainant states that he has paid entire consideration for the purpose of allotment of 2000 sq. ft plot and club membership as well as other privileges and benefits.
6. He prayed for direction to the Opponents to allott a 2000 sq. ft plot and to hand over the accidental insurance policy worth Rs. 5,00,000/-. He claimed compensation as well as cost. Alternatively he prayed for the directions to Opponents to refund Rs. 1,95,000/- with interest at 18 % p.a. from 3rd September, 2009 till full amount is paid.
7. The Complainant claimed compensation of Rs. 2,00,000/- and cost of Rs. 15,000/-.
8.           The opposite parties filed their written statement on 03.02.2012 and denied the allegations made by the complainant and resisted the complaint on all counts. It is stated that  present complaint is filed only with the intention to harass the opponents as no cause of action has arisen against the opponents.
9.          The complainant is not entitle to claim the amount as the amount paid by the complainant was non refundable as per the agreement, hence he has no right of asking of refund of membership fees from the opponents. The opponents  submitted that, the plot was complementary with zero consideration.
10.         The opposite party stated that complainant is not consumer and complaint is not maintainable as per law.
11.  It is admitted that the Complainant paid Rs. 1,95,000/- to the Opponents. It is strongly denied that the Complainant has paid a single penny towards free and complimentary plot to Opponents at any point of time. All other allegations are specifically denied and It is prayed that the Complaint be dismissed with the cost.   
12.               We have perused all the documents produced on record by both the sides. Heard complainant and opponent at length.  
13.            The main contention of the complainant is that opponents failed to render service as per the agreement of membership.
14.             On perusal of the documents, it is evident that opposite parties allotted to the complainant the plot about 2000 sq.ft. at Golf Village, Kolad, Near Mangaon, on Mumbai-Goa Highway, Dist: Raigad.
15.           It is pertinent to note ,that opponents have not till this date given the possession of the said plot. The opponents have taken the defense that the allotment of plot is subject to policy of the government as to Land acquisition etc. The opponent failed to explain the steps taken by them for getting the clearance from competent authorities for giving the possession of the plot to the complainant.
16.            We are of the opinion, that opponents were under an obligation to act fairly with the complainant and was expected to take reasonable steps within proper time to handover the possession of the plot to the complainant.
17.             The opponents on the other hand, stated that complainant is not entitled for the said plot as the allotment was made as a complementary gift. The opponents are not permitted to take such stand as per law.
18.             The complainant has paid total amount of Rs.1,95,000/- however the opponents failed to perform contractual obligation of rendering service to him.
19.               The complainant was subjected to mental agony due to breach of contractual obligation, on the part of opponents. Therefore Complainant is entitle to receive compensation from the opponent, who has broken the contract.
20.             We are of the opinion that opponents are guilty for unfair trade practice as well as for deficiency in service by depriving the complainant of his legal right conferred on him as per agreement.
21.              We are of the opinion that opponents are guilty for breach of trust for accepting huge amount, on the assurance of giving plot and other benefits and lastly stating that the allotment of the plot was complementary and without consideration.
22.             We are of the opinion that, the opponents are  not in a position to allot the plot, so we feel it proper to direct the opponents  to refund the amount to complainant.       
23.      In view of the facts and circumstances of the case, we feel it proper in interest of justice, to direct the Opponents to refund the total amount of Rs.1,95,000/- paid by complainant. The complainant prayed that the said amount be refunded with interest @ 18% p.a.
24.            We accept his prayer for refund of Rs.1,95,000/- with interest @ 18% p.a. from the date of filing of this complaint i.e. 23.06.2011. The complainant is entitle to compensation of rupees 25,000/- ( Twenty five thousand) for mental agony. The complainant is entitle for cost of Rs.10,000/- from opponents.
25.           In the result , we pass the following order.

                                                ORDER

1.         RBT Complaint Case No. 289/2011 is partly allowed.

2.         The Opponents are directed to pay to complainant Rs. 1,95,000/- (One

            lacs ninety five  thousand ) with interest @ 18%  p.a. from 23.06.2011

            realization of total amount.

3.        The Opponents are directed to pay Rs. 25,000/-(Twenty five thousand)  to

           complainant as compensation for mental agony.

4.        The Opponents are directed to pay Rs. 10,000/- (Ten thousand) to

           complainant as cost.     

5.       Copy of  the order be sent to both parties free of cost.