Complaint filed on: 18-08-2010
Disposed on: 23-12-2010
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.1866/2010
DATED THIS THE 23rd DECEMBER 2010
PRESENT
SRI.D.KRISHNAPPA., PRESIDENT
SRIGANGANARASAIH, MEMBER
SMT. ANITA SHIVAKUMAR. K, MEMBER
Complainant: -
Sri.B.A.Sageer Ahamed Khan,
S/o. B.Athaulla Khan,
Aged about 35 years,
Residing at No.12/13,
Dr.Umar Sharif Road,
Basavanagudi,
Bangalore-560 004
V/s
Opposite parties: -
1. The Country Club,
A division of Country club
(India) Ltd, Hyderabad,
Having its Administrative office at No.273,
1st main, Defence colony, HAL 2nd stage, Indiranagar,
Bangalore-560 038,
Rept. by its Manager
2. The Country Club,
Having its registered office at
“Amrutha Castle”,
5-9-16, Saifabad,
Opp. Secretariat,
Hyderabad-63
Rep. by its Manager,
3. M/s. Country Club India Ltd,
No.675, 9th “A” Main,
Indiranagar, 1st stage,
Bangalore-38
Rep. by its Manager,
O R D E R
SRI. D.KRISHNAPPA., PRESIDENT.,
The grievance of the complaint against the opposite parties in brief is, that Ops approached him to become a member of GOLD CROWN PREMIUM on payment of Rs.30,000/- and promised certain facilities. Accordingly, he paid that amount and become a member of Ops club. That on 11-10-2006, Ops issued him a letter upgrading his membership as Mr.Cool Privilege Card member of the club allotting membership and requested him to remit Rs.85,000/- towards that membership fee. Then he paid Rs.23,000/- to Ops on 3-10-2006, Rs.37,000/- on 31-1-2007 and balance of Rs.25,000/- on 1-2-2007 and in all he paid Rs.1,15,000/- towards membership fee. Then the Ops upgrading his membership issued a letter dated 30-12-2006 allotting site No.66 and 67 of Coconut Grove 12 phase measuring 1089 sq. ft. + 1089 sq. ft. That he has been approaching the Ops to provide facilities as offered in terms of the certificate dated 11-1-2007 and also demanded the land allotted to them. But the Ops after receipt of Rs.1,15,000/- have not responded to proved any facilities and therefore has prayed for a direction to the Ops to refund Rs.1,15,000/- and to award damages and cost.
2. Ops No.1 and 2, who remained absent after receipt of notice are placed exparte. OP No.3 has filed version through his advocate contending that the complaint is not maintainable. But admitted that the complainant has become a Mr.Cool Card member and has not denied receipt of membership fee of Rs.1,15,000/-. Ops have denied issue of allotment letter dated 30-12-2006 allotting plot No.66 and 67 in coconut grove. It is further contended that, they have acted in accordance with the promise made by allotting complimentary plot and denied any deficiency caused by them in their service. That despite repeated reminders to the complainant to deposit registration charges, he has not paid registration charges. Therefore contended that the complimentary plot was not registered due to default of the complainant and therefore has prayed for dismissal of the complaint.
3. In the course of enquiry into the complaint, the complainant and one Venkatesh Verma on behalf of the 3rd OP have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. The complainant alongwith the complaint has produced copies of few communication sent by the Ops, copy of allotment letter dated 30-12-2006 and copies of receipts for having paid the membership fee. OP No.3 has produced a copy of land conversion order of the Deputy Commissioner, Tumkur and photo copies of proposed layout plant at a village in Tumkur district. We have heard the counsel for both parties and perused the records.
4. On the above contentions following points for determination arise.
1) Whether the complainant proves that the OPs have caused deficiency in their service in not providing the facilities as promised to Cool Card member?
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: The complainant has produced copies of receipts issued by the Ops in, he having paid Rs.30,000/- on 3-5-2006, Rs.23,000/- on 3-10-2006, Rs.37,000/- on 31-1-2007 and Rs.25,000/- on 31-1-2007. The claim of the complainant, that he has paid in all Rs.1,15,000/- and become a Cool Card member of the Ops club is proved and that is not denied by the Ops. Ops through their letter dated 11-10-2006 also informed the complainant that he on becoming a Cool Privilege member of their club by paying total sum of Rs.1,15,000/- had promised to allot complimentary plot at COCONUT GROOVE and through their letter dated 11-05-2006 had promised several other facilities and further through their letter dated 11-1-2007 offered many other facilities to the complainant. The Ops it is found through their allotment letter dated 30-12-2006 confirmed the complainant that site allotted to this complainant will be in phase 12 which will be 1089 Sq. Ft + 1089 Sq. Ft. The complainant further complains that the OPs after receipt of Rs.1,15,000/- despite all these communications have not provided him any facilities including the promised plots.
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 12. Thus, it is clear that, without even forming any layout, the Ops issued a letter claiming it to be an allotment letter long back which reads that site allotted to him will be in phase 12. It is not known when the Ops are going to form layout and where and when it would be completed. Right from the year 2006, Ops have not shown any 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 Ops and the silence adopted by them for all these years do indicate that the Ops make all promises, show the sky to innocent person receive heavy money and thereafter keep quite without responding to the approaches of the consumers. Ops have not produced any piece of paper or evidence to prove that the complainant has availed any facilities of their club. Therefore the complainant after getting himself dis-satisfied with the in action and deficiency in the service of the Ops if opted for refund of money, it cannot be denied. The Ops who have 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
Complaint is allowed. Ops are jointly and severally directed to refund of Rs.1,15,000/- (Rs. One Lakh fifteen thousand only) paid by the complainant to him with interest at 16% per annum from the date of receipt of payments till that amount repaid. The above said amount shall be paid within 30 days from the date of receipt of the copy of this order.
OPs shall also pay cost of Rs.2,500/- to the complainant.
Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 23rd December 2010.
Member Member President
