A.  P. STATE CONSUMER DISPUTES REDRESSAL COMMISSION : AT HYDERABAD

FA  527 of 2011    against CC 358 of 2010   on the file of the District Consumer Forum I, Hyderabad.

Between :

Smt. N. Annapurna

W/o Late N. Chalamaiah,

Aged about 62 years,

Occ ; Retired Central Government employee

R/o MIG II, 9th  phase

H No. 27, KPHP colony,

Hyderabad – 72                                ..          Appellant/complainant

And

Country Vacations

( A Division of Country Club ( India ) Limited )

H.no. 6-3-1219, Begumpet,

Hyderabad – 500 016

Rep. by its Authorized Signatory              .. Respondent/opposite party.

Counsel for the appellant              :           M/s.N. Srinivasa Rao

Counsel for the Respondent         :           Mr. S. Rajesh Jaiswal

Coram           ;          

                              Sri R. Lakshminarasimha Rao…      Hon’ble Member

And

                                    Sri T. Ashok Kumar                ..         Hon’ble Member

Thursday, the Fifteenth Day of November

Two Thousand Twelve

          Oral Order       :   ( As per Sri T. Ashok Kumar , Hon’ble Member )

****

       1.        This is an appeal preferred by the complainant    as against the  order dated 03.03.2011  in CC 358/2011   on the file of the District Consumer Forum I, Hyderabad. For convenience sake, the parties as arrayed in the complaint are referred to as under :

2.            The brief facts of the complaint  are as under :

The complainant, who is a retired Government employee,  was informed that he was a lucky winner of the gift from Country Vacations and executives of OP forcibly took her signatures on the “Country vacations International  Holiday Club membership purchase agreement “ on 27.07.2008  without giving sufficient time to think it over and assuring several services and collected Rs.1,72,000/- from the complainant towards Club Membership bearing No. VLM 6466 promising several facilities. The complainant was  also assured   that she would be gifted   plot no. 3617 of 150 sq. yards at FAIR WAY at Wanaparthy, Warangal District within 18 months from the date of full payment of membership fee  but did not register  the same in spite of several demands.  Despite promises made and collected Rs.1000/- as advance on 11.04.2009 to stay at their resort in Coorg  from 18.05.2009 to 21.05.2009, the OP provided unhygienic rooms and hence they could have returned on the next day.  She came to know from the Web site MOUTHSHUT.COM that the OP cheated several people. The complainant and her family members approached the OP and requested several times either to provide benefits, registered and allotted plots or refund the amount but the OP kept silent which amounts to deficiency in service and unfair trade practice. Hence the complaint to direct the opposite party to refund Rs.1,72,000/- with interest @ 24% pa from 03.07.2008, Rs.one lakh towards compensation and Rs.20,000/- towards costs.

3.         OP filed counter opposing the claim of the complainant and denying the allegations made in the complaint and the brief facts of the counter  are as under :

The OP admitted receipt of Rs.1,72,000/- towards membership and in respect of Studio apartment in Blue Season and thereafter they got issued membership card to her.  The complainant was allotted complimentary plot without any sale consideration.  The complainant failed to pay the developmental charges of Rs.20,000/- and that they are ready to register the plot if she pays the same.  It is denied that the conditions  of the accommodation was an unhygienic. They did not know about the returning of the complainant and her family on the next morning from the resort at Coorg. The complainant wrote a letter dated 28.07.2008 to the OP requesting to transfer the membership card from her name  to and in favour of her son in law , Mr. N. D. Praveen and they obliged the same and hence refund of amount does not arise and  that there is no deficiency in service and that the complainant is not maintainable and hence prayed for dismissal of the complaint.

4.               Complainant filed  evidence affidavit of her son in law Mr. N. D. Praveen  and  Ex. A-1 to A-8  were marked on behalf of the complainant and Ex, B1 to B 8  were marked for the OP.

5.         Having heard both sides and on considering the material available   on record, the District Forum dismissed the complaint.

6.            Feeling aggrieved with the said order the complainant  preferred  this appeal on several grounds and mainly contended that the District Forum did not   observe that the OP failed to  register the plot in her name within 18 months from the date of payment and that as she  is a senior citizen and unable to utilize the card and hence she requested  to  transfer the same in favour of her son in law under  Ex.B 2 letter and that in the affidavit of her son in law it is duly informed that his allotted Membership card is VLM No. 6466 but not  CVA02/27.07.08/0093 which is her membership and hence  prayed to allow the appeal setting aside the order of the District Forum.

Heard the counsel on both side.
 

Now the point for consideration is whether the order of the District Forum is sustainable?
 

There is no dispute that the complainant paid Rs.1,72,000/- to the Country Vacations holiday club towards membership and that on receipt of money aforesaid membership card was issued in favour of the complainant so also that a complimentary plot was allotted to the complainant without receiving any sale consideration in the said context.  That apart the documents in ex. A1 to A4 reveal the same. The complainant did not plead in the complaint about transfer of membership card in favour of her son in law Mr. N. D. Praveen.  But it was so deposed in her additional evidence affidavit.  According to her she requested the OP to transfer the membership card of country club in favour of her son in law but not the country vacation which is complimentary one.  No where complainant pleaded that she obtained two VML cards one with regard to country club and the other is with regard to Country Club Holiday vacation and as observed by the District Forum there is no evidence from her side to show that she obtained VLM ( Vacation Life Membership )  card in country Club, Begumpet, Hyderabad, because Ex. A1      to A5 disclose that she paid Rs.1,72,000/- to the OP club towards membership in Country Vacations and not in country club.  The evidence of the complainant and her son in law is contrary to documents in Ex. B series and they establish that membership card issued by the Country vacations in favour of the complainant was transferred in favour of the said Mr. N. D. Praveen by 2008 itself and thus as on the date of the complaint in the year 2010 the complainant had no right to take any action against the OP and when she is no more a member of the OP naturally she will  have no right to file the present complaint seeking refund of Rs.1,72,000/-. In such circumstances, the contention of the complainant is that the plot was not registered also could not be appreciated.  Absolutely there is no dependable evidence from the complainant’s side to say that the accommodation provided at Coorg was not good and unhygienic and self-serving evidence of the complainant or her son in law is of no use in the present complaint.  The District Forum discussed all the aspects in the order in appeal in right manner and dismissed the complaint and the  appeal is devoid of merit and is liable to be dismissed confirming the order of the District Forum.

9.   In the result, the appeal is dismissed confirming the order of the District Forum. No order as to costs in the Appeal.

                                                                                    MEMBER

                                                                                    MEMBER

                                                                                    DATED          : 15..11.2012.

RLNR(M) & TAK(M)

BEFORE THE A.P STATE CONSUMER DISPUTES REDRESSAL COMMISSION: HYDERABAD

FA.NO. 527 OF 2011 AGAINST CC.NO.358 OF 2010 DISTRICT FORUM-I, HYDERABAD

ORDER DT.15.11..2012