Complaint filed on: 04-05-2010 <br /> Disposed on: 03-09-2010<br /> <br /> BEFORE THE BANGALORE IV ADDITIONAL DISTRICT <br /> CONSUMER DISPUTES REDRESSAL FORUM,<br /> BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052 <br /> <br /> C.C.No.1013/2010<br /> DATED THIS THE 3rd SEPTEMBER 2010<br /> <br /> <br /> PRESENT<br /> <br /> SRI.D.KRISHNAPPA., PRESIDENT<br /> SRI.GANGANARASAIAH., MEMBER<br /> SMT. ANITA SHIVAKUMAR. K, MEMBER<br /> <br /> Complainant: - <br /> Mylar.N.V. S/o. N.G.Vasudev<br /> Aged about 30 years, <br /> No.37, Shrisha Nivas, <br /> 15th Main Road, <br /> Opp. Akshya International <br /> School, AGS Layout, <br /> Bangalore-61 <br /> <br /> <br /> V/s<br /> Opposite party: - <br /> <br /> The Chairman and Managing <br /> Director, the Country Club,<br /> Admn.Office No.675,<br /> Old syndicate bank road, <br /> 1st stage, Indiranagar, <br /> Banalore-38 <br /> <br /> <br /> O R D E R<br /> <br /> Smt.Anita Shivakumar.K., Member<br /> <br /> Brief facts of the complaint filed by the complainant against the Op are that he agreed to become a Mr.cool member of the Op club as per Op’s invitation. That he accordingly became a Mr. Cool member bearing no: COOLVS 2697 by paying membership fee of Rs.1, 25,000/- in two installments i.e on 31/10/2007, 28/12/2007. Op had issued receipts for the amounts he received. With that the Op had offered to allot a site at country club layout also many other holiday packages and stay, trips. Complainant waited without utilsing any facility from the Op, and enquired about the registration of site. When he found all his attempts went futile and he learnt some bad attitudes of Op and fraudulent behavior of Op from his friend s and other cool card members, complainant lost his interest in Op’s offer and complainant find any fairness in the transaction of Op which was not expected from Op. So complainant requested to refund the amount on 30/7/2009 through his E-mail, again submitted request form to refund the amount on 27/8/2007 which is acknowledged by Op. Inspite of complainant’s request Op neither refunded his amount nor replied to the letter. Complainant submitted that Op with a dishonest intention is cheating the public by misrepresentation and false assurances. Complainant approached the forum to seek direction to Op to refund of Rs.1,25,000/- with interest of 18% p.a and Rs.1,00,000/- compensation and other reliefs.<br /> <br /> 2. Op has appeared through their advocate and filed version. Op in his version has contended that the complaint is not maintainable and denied deficiency in their service. Ops have admitted that the complainant has become a member of that club called Mr.cool Vedic spa member bearing no. COOLVS 2697 by paying membership fee of Rs.1,25,000/- which is non-refundable membership fee. It is further admitted that along with membership fee they have offered free site as complimentary to the membership taken and was gift to the members. That the complainant did not get the site registered though complimentary site has been allotted to complainant at vedic spa project in issuance of allotment letter stating that within 30 days from receipt of the letter the same registration can be done by the payment of Rs.15,000/-. But complainant not shown interest to register it and thereby have prayed for dismissal of the complaint.<br /> <br /> 3. In the course of enquiry into the complaint the complainant and op have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. The complainant along with the complaint has produced the copies of the receipts for having paid towards membership fee, copy of the request made before Op regarding refund of his amount, copy of Email letter. Counsels of both parties argued and perused the records.<br /> <br /> 4. On the above materials, following points for determination arise.<br /> 1. Whether the complainant proves that the Op has <br /> caused deficiency in their service in not allotting <br /> a site or in not refunding the money?<br /> 2. To what relief the complainant is entitled to?<br /> <br /> 5. Our findings are as under:<br /> Point No.1: In the affirmative<br /> Point No.2: See the Final order<br /> <br /> REASONS<br /> <br /> 6. Answer on Point No.1: As we have gone through the contention of both parties, there is no dispute between them, in this complainant having had become a member of cool card. Bearing no.COOLVS 2697 by paying Rs.1,25,000/- as membership fee and that the Ops have offered a site. As these facts are not disputed, the only dispute between the Parties remains for decision is regarding non-registration of a site as promised.<br /> <br /> 7. It is the grievance of the complainant that despite he approaching the Op several times Op did not allot sites as promised. Complainant has asked in his prayer for refund of his membership fee on the ground that he cannot trust the Op and do not wish to continue his relationship with them. But the Op as stated above have not controverted the arguments of the counsel for the complainant and dissatisfaction he has expressed but Op is still ready to register the site since already the site has been already allotted to the complainant. But Op has not produced any documents to prove regarding allotment of particular site. Complainant denied the allotment. On considering all these facts placed before us, we find that there is nothing wrong in this complainant asking for the relief of refund of membership fee because of non response or due to lack sincerity on the Op that we find there is no genuinity in allotment also.<br /> <br /> 8. If we carefully look at this offer, the offer in our view appears to be an uncertain and non-existing because it is not clear where exactly Op’s layout exists. In this way it is found that the Op has offered such type of free plot to attract the people to become their members by paying heavy amount. Similarly the offers made in this case also exhibit uncertainty. It is found that the complainant became a member on 28/12/2007 by paying full amount. He has repeatedly stated the despite approaching the Op they did not allot a plot. <br /> <br /> 9. Op has neither register the site as assured nor refunded his amount though complainant requested by submitting written requests. Even Op did not take any trouble to communicate to complainant. If the contention of the Op that they offered to allot the site is located at Penugonda in Andra Pradesh, where exactly exists is really genuine and they had intension to allot site they could have first allotted complimentary plot to the complainant showing the plot number, location etc., and then tell the complainant to get documents registered by meeting registration expenditure but it is evident that the Op has not even come forward to prove that they have formed any layout or sites at all leave alone execution of documents. Through the developments that have taken place in this case, we are of the view, the claim of the opponents do not inspire confidence in us and also in the complainant. Therefore under those circumstances complainant opted for taking back his membership fee which cannot be denied.<br /> <br /> 10. The Ops have contended as membership fee is not refundable. But it is not their case that the complainant after becoming a member has used any sort of their service like club service and other facilities offered through their offering letter and which is admitted by Op in his affidavit. Therefore when the complainant has absolutely not availed any service of the Op and Op has not exhibited their interest in keeping their promises and sincerity in showing some progress in the formation of layout and allotment of plots they have on the ground of non-refundability retain complainant’s money. Hence, complaint in our view is entitled for the relief as prayed for but not for the other compensation he has sought for. Therefore, the complainant would become entitle for interest on the money to be refunded. With the result, we answer point No.1 in the affirmative and pass the following order. <br /> <br /> OR D E R<br /> <br /> Complaint is allowed.<br /> <br /> Op is directed to refund Rs.1, 25, 000/- to the complainant with interest @ 18% per annum from the date of respective deposit until it is repaid. Op shall refund that amount within 45 days from the date of this order.<br /> <br /> Ops shall also pay cost of Rs.2, 000/- to the complainant.<br /> <br /> Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 3rd September 2010.<br /> <br /> <br /> Member Member President<br />