E X–P A R T E O R D E R
PER SHRI. S.B.DHUMAL - HON’BLE PRESIDENT :
1) In brief consumer dispute is as under –
That one M/s.Brightlands Resorts Pvt. Ltd., having registered office at “Jeradi”, 2nd Floor, Prof. Almeida Road, Bandra, Mumbai – 50, promoted the concept of Gold Card Membership in their Time Share Holiday Scheme/Brightlands Country Club. It was represented by the M/s. Brightlands that a person joining the Gold Card Membership was required to pay an enrolment fee of Rs.2,600/- and to keep a deposit of Rs.38,000/-. It was represented that the aforesaid deposit shall be redeemable upon maturity or after minimum period of 3 years from the date of issue of Membership Fixed Deposit Receipt. The maturity date of the deposit was at the end of 12 years i.e. 19th April, 2007 and the maturity amount was Rs.60,000/-. Relying upon the representation and promises made by M/s. Bright Land Resort, the Complainant enrolled himself as a member by making payment of Rs.2,600/- as enrollment fee on 19/04/95. On 20/04/95 hr was asked to fill up a membership form. The Complainant deposited with Opposite Party an amount of Rs.38,000/- being Membership Fixed Deposit Redeemable on maturity i.e. after 12 years. Maturity value assured was Rs.60,000/-. The Complainant has produced copy of the receipt of payment enrollment fee of Rs.2,600/- and Fixed Deposit of Rs.60,00/- which is marked at Exh.‘B’.
2) It is submitted that after maturity of fixed deposit in the month of April, 07, the Complainant wrote to the M/s.Brightlands Resort demanding sum of maturity amount of Rs.60,000/-. Initially there was no response from the said Brightlands. By letter dtd.18/08/07 said Brightlands informed the Complainant that due to the technical difficulties they were unable to issue cheque of Rs.60,000/-. It was assured to refund the amount within 15 to 20 days. The Complainant has produced photo copy of the aforesaid letter dtd.18/08/07 at Exh.‘C’.
3) On/or about 10/10/07 Complainant came across a public advertisement in the Times of India, issued by Director of Opposite Party’s M/s. Persepolis Estate Pvt. Ltd. in which it was stated that Opposite Party has entered into an Agreement with Adi Soli Bharucha & 7 others for purchase of 100% shares of said Brightlands. By the said notice General Public was invited to lodge their claims to the Company’s office in writing of whatsoever nature if any had with Brightlands Resort Pvt. Ltd. The Complainant has produced xerox copies of the public notice published in the news paper at Exh.‘D’.
4) According to the Complainant, immediately after publication of aforesaid notice dtd.19/10/07 he lodged his claim with the Opposite Party together with copies of relevant document. Thereafter on several occasions the Complainant reminded the Opposite Party to release the payment due under Membership Deposit Receipt, but there was no response. In the month of June, 2008, the Opposite Party wrote to the Complainant stating that Opposite Party has acquired all the rights and title in the said Brightlands and that all the fixed deposits for membership of the said Brightlands will be honoured by the Opposite Party. Then the Complainant waited for the promised intimation of settlement of the dues but in vain. Thereafter by letter dtd.08/07/08 Complainant made demand of Rs.60,000/- with interest from the Opposite Party. The Opposite Party failed and neglected to comply with the demand. Inspite of assurance given to the members of the Brightlands to honour their claims, the Opposite Party has field to make payment of fixed deposit amount to the Complainant and it amounts to deficiency in service on the part of Opposite Party. Therefore, the Complainant has filed this complaint and requested to direct Opposite Party to pay to the Complainant Rs.60,000/- being maturity amount of the Membership Deposit amount of Rs.38,000/- with interest @ 18 % p.a. from 20/04/2007 till 31/01/2010. Interest for aforesaid period is calculated at Rs.30,030/-. The Complainant has also prayed for future interest from 01/02/2010. He has requested to direct Opposite Party to pay to the Complainant Rs.25,000/- as compensation towards mental torture and harassment and Rs.15,000/- towards cost of this compliant.
5) Alongwith complaint, the Complainant has produced documents as per list of document and affidavit in support of the complaint.
6) The Opposite Party was duly served with the notice of complaint. However, inspite of service, the Opposite Party has failed to appear before this Forum. Therefore, by order dtd.29/07/2010 ex-parte order was passed against Opposite Party.
7) In support of the complaint, Complainant has filed affidavit in lieu of Examination-in-Chief and produced copies of the documents alongwith list of document. The Complainant has filed written argument. Heard oral submissions of Ld.Advocate R.D’Souza for the Complainant.
8) It is the case of the Complainant that relying upon representation made by M/s.Brightlands Resort Pvt. Ltd. the Complainant made an application for Membership. Photo copy of the aforesaid application is produced at Exh.‘A’ alongwith Complainant. According to the Complainant he has enrolled for Gold Card Membership and for that he has paid Rs.2,600/- to M/s.Brightlands Resort Pvt. Ltd. and by way of deposit he paid Rs.38,000/- to retain for the period of 12 years and after maturity i.e. after 12 years an amount was Rs.60,000/- was be refunded to the Complainant. In support of aforesaid contention, the Complainants advocate has referred to the contents of Membership Fixed Deposit Receipt annexure 2nd to the complaint. It appears that vide Receipt No.220 dtd.20/04/1995, Complainant kept Rs.38,000/- with the Brightlands Resort for period of 12 years and its maturity amount is stated at Rs.60,000/- in April, 2007.
9) It is submitted that in the month of April, 07, the Complainant demanded maturity amount of aforesaid deposit from Brightlands Resort. M/s.Brightlands Resort vide their letter dtd.18/08/07 informed the Complainant that due to the technical difficulties they are unable to issue cheque of Rs.60,000/-. Further it was informed that it will be able to refund Rs.60,000/- within 15 to 20 days. The Complainant has produced photo copy of aforesaid letter which is annexed at Exh.‘C’. Ld.Advocate for the Complainant has submitted that Brightlands Resort did not refund the amount as assured and then on 10/10/07 public notice appeared in the news paper Times of India, issued by Director of Opposite Party’s M/s. Persepolis Estates Pvt. Ltd. i.e. present Opposite Party in which they had informed public that they have entered into an Agreement with Adi Soli Bharucha & 7 others for purchase of 100% shares of said Brightlands Resort Pvt. Ltd. and they called upon person having any claim of any nature of Brightlands Resort or any right title interest or claim of any nature to submit to the Persepolis Estates Pvt. Ltd. alongwith documentary proof. After aforesaid advertisement, the Complainant by letter dtd.19/10/07 called upon Opposite Party to refund deposit of Rs.60,000/-. Copy of aforesaid letter is annexed to complaint at Exh.‘E’. Ld.Advocate of the Complainant had referred the letter sent by Opposite Party to the Complainant in the month of June, 2008 and pointed out that in the aforesaid letter Opposite Party had informed the Complainant that they have acquired all the rights and title in the Resort known as Brightlands Resort Pvt. Ltd., Matheran and they will refund Complainants Fixed Deport. It is submitted that inspite of assurance to refund the maturity amount of the deposit, the Opposite Party has failed and neglected to pay the amount therefore, the Complainant sent notice to the Opposite Party through their advocate, but Opposite Party did not comply with the notice. Hence, the Complainant has filed this complaint.
The Complainant’s claim is supported by documentary evidence on record. The Opposite Party has not appeared to refute the claim. The Complainant has requested to direct Opposite Party to refund maturity value of the Fixed Deposit i.e. Rs.60,000/- to the Complainant. Considering the aforesaid evidence, we think it just to direct Opposite Party to pay to the Complainant Rs.60,000/- as maturity amount of the Membership Deposit.
The Complainant has claimed interest @ 18% p.a. on Rs.60,000/- from 20/04/2007 till 31/01/2010 and has claimed interest for aforesaid period which is calculated at Rs.30,030/-The Complainant has also prayed for future interest from 01/02/2010. The Complainant has claimed interest on Rs.60,000/- at exorbitant rate. We think it just to direct Opposite Party to pay to the Complainant interest @ 9% p.a. from 20/04/07 till realization of entire amount to the Complainant. The Complainant has claimed Rs.25,000/- as compensation for mental torture and harassment and Rs.15,000/- towards cost of this proceeding. Considering facts and circumstances of the case, we think it just to direct Opposite Party to pay to the Complainant an amount of Rs.5,000/- as compensation for mental torture and harassment and Rs.2,000/- towards cost of this proceeding. Hence, we pass the following order -
O R D E R
i.Complaint No.70/2010 is partly allowed.
ii.Opposite Party is directed to pay an amount of Rs.60,000/- (Rs. Sixty Thousand Only) to the Complainant
with interest @ 9% p.a. on aforesaid amount from 20/04/2007 till realization of entire amount to the
Complainant.
iii.Opposite Party is directed to pay an amount of Rs.5,000/- (Rs. Five Thousand Only) as compensation for
mental torture & harassment and Rs.2,000/- (Rs. Two Thousand Only) towards cost of this proceeding to
the Complainant.
iv.Opposite Party is directed to comply with the aforesaid order within period of 30 days from the date of
receipt of this order.
v.Certified copies of this order be furnished to the parties.
