COMPLAINT FILED ON:15.12.2010
DISPOSED ON:11.11.2011.
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
11th DAY OF NOVEMBER- 2011
PRESENT :- SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI.M.MUNIYAPPA MEMBER
COMPLAINT NO. 2926/2010
COMPLAINANT | Mr.Lokeshwara S/o Late Bettalingaiah, Aged about 32 years, Residing at, Prerana Nilaya, Opp:Srirama Temple, Hagadur Colony, Immadinhalli Post, Bangalore-560 066. (Adv: Sri.V.Umashankar) V/s. |
OPPOSITE PARTIES | 1. The Country Club (India) Ltd Represented by its Managing Director, No.847/1, ADJ to Post Office, 100 Feet Road, Indiranager, Banalore-560 038. 2. Amrutha Estate, No.478, 1st Stage Indiranagara, Bangalore-560 038. (Adv: Sri.G.A.Gopi). |
O R D E R
SMT. M. YASHODHAMMA, MEMBER
This is a Complaint filed by the Complainant U/S. 12 of Consumer Protection Act of 1986 by the complainant seeking direction against Opposite parties (herein after called as O.Ps) to refund Rs.1,50,000/- with interest at 18% p.a from 28/03/2007 and compensation of Rs.50,000/- on the allegations of deficiency in service on the part of OP.
2. The brief averments made in the complaint are as follows:
Attracted by the offers made by the OP, complainant became the member of OP1 club. Complainant paid Rs.80,000/- on 16/05/2007 and Rs.35,000/- on 28/03/2007. Totally complainant paid Rs.1,15,000/- to OP towards membership fees. OP has issued two receipts acknowledging receipt of the same. OP accepted the membership of the complainant and issued membership card bearing COOL CG 8364 to the complainant. OP vide its letter dated 06/04/2007 demanded the complainant to pay Rs.15000/- towards registration and maintenance charges for 2.5 years. OP through its allotment letter dated 12/03/2008 allotted a plot bearing No.217, at coconut grove phase XVIII measuring 1089 sq.ft situated just off the National high way No.4 and requested the complainant to make payment of Rs.15000/- towards site confirmation and registration along with maintenance charges in favour of OP-2. Complainant physically inspected the site No.217 at phase XVIII to his surprise neither he found such site nor said Phase XVIII was developed. There was no formation of roads or civic amenities by OP. Further OP undertook to allot free complimentary sites and agreed that amount shown in allotment letter be paid after allotment of complimentary site and during registration of both the sites. But their promise remained only on papers. OP sent intimation letter which does not disclose the complimentary site. Hence complainant got issued legal notice requesting OP to refund the amount with interest and damages. There was no response inspite of service of notice. Hence Complainant felt deficiency in service against OP under the circumstances he is advised to file this complainant against OP for the necessary relief’s.
3. On appearance OP filed the version mainly contending that OP has already issued allotment letter in favor of the complainant allotting plot No.217 at phase 18 coconut groove. In the said letter complainant was asked to deposit Rs.15000/- towards registration and maintenance charges. In spite of repeated requests and reminders. Complainant failed to deposit the same. Hence OP could not register the allotted sites in favor of the complainant. It is contended by OP that the copy of the conversion order and sanction plan and MOU are produced as annexure. But in fact OP has not produced any documents, OP admits receipt of Rs.1, 15,000/- towards membership fees. OP denied that it has offered two complimentary plots in favour of complainant. Op has provided clear demarcation of sites and formation of roads and drains. Since complainant has paid only Rs.1,15,000/- his prayer for refund of Rs.1,50,000/- with interest at 18% p.a and compensation of Rs.50,000/- cannot be granted OP has provided all the services as promised. There is no deficiency in service on the part of the OP as such membership fees cannot be refunded. Among other grounds OP prayed for dismissal of the complaint.
4. To substantiate the complaint averments, complainant filed his affidavit evidence and produced two receipts, allotment letter, brochure, copy of the proposed layout plan, letter of intimation dt.09.11.2009 of OP, copy of the legal notice and reply of post office. On behalf of OP Venkatesh Verma C, Assistant Administrative Manager filed his affidavit evidence in support of the defence version. Op has not produced any documents.
5. Heard arguments from both complainant and OP side.
6.In view of the above said facts the points now that arises for our consideration in this complaint are as under:
Point No.1:- Whether the complainant
proved the deficiency in service
on the part of the OPs?
Point No.2:- If so, whether the complainant is
entitled for the reliefs now claimed?
Point No.3:- To what Order?
7. In view of the reasons given by us in the following paragraphs our findings on:
Point No.1:- In Affirmative.
Point No.2:- Affirmative in part.
Point No.3:- As per final Order.
R E A S O N S
At the out set, it is not in dispute that complainant attracted by the offers made by OP became the member of the Op club. Complainant paid Rs.35,000/- on 28.03.2007 and Rs.80,000/- on 16.05.2007. Totally complainant paid Rs.1,15,000/- to OP towards membership fees. OP accepted the membership of he complainant and issued membership card bearing No.Cool CG 8364 to the complainant. Op has also issued receipts acknowledging receipt of amount of Rs.1,15,000/-. OP issued allotment letter allotting site No.1591 as per document No.5 we are unable to understand why complainant has mentioned the site number as 217 instead of 1591. Now the grievance of the complainant is on receipt of allotment letter dt.12.03.2008 complainant visited the Phase XVIII personally. To his surprise and shock there was no such site, sites are not demarcated there was no formation of roads no civic amenities are provided. OP has also failed to provide the free complimentary plots and agreed that the amount shown in allotment letter be paid after allotment of complimentary site and due registration of both the said sites but promises remained only on paper. The letter of intimation sent by OP does not disclose neither site number nor phase number, which is kept blank. Complainant sought for refund. In spite of repeated requests and service of legal notice Op failed to refund the amount. Hence complainant approached this Forum for the necessary relief.
8. As against the case of the complainant the defence of the Op that it has already issued allotment letter allotting a plot at phase 18 coconut grove. Because complainant has failed to deposit registration and maintenance charges of Rs.15,000/- for the plot allotted could not register the allotted site in favour of the complainant. It is contended by OP that conversion order, sanction plan and MOU are produced and marked as annexures. But in fact OP has not produced any single document in support of its defence version. Hence, we are unable to accept the defence of OP. Further OP denied that it has offered two complimentary plots infavour of the complainant. There is no basis for this defence. As per the document No.1 produced by the complainant Op in its letter dt.29.03.2007 has offered gift of plot of 1089 Sq.Ft + 1089 Sq.ft upon payment of 50% of amount complainant will be allotted with an extra gift plot of 544 sq.ft. So totally complainant will be getting allotted area of Rs.2722 sq.ft. The membership price of Mr.Cool card is Rs.1,15,000/-. Admittedly complainant has paid entire membership of Rs.1,15,000/- to OP. As per this document No.1 complainant is entitled for 2722 sq.ft of gift plot. Hence the defence that Op has not offered two complimentary plots is not sustainable. Further OP has sent an intimation letter dt.09.11.2009 i.e., document NO.8 produced by the complainant intimating the complainant that he has been allotted a complimentary site bearing No…………….. in Phase……………situated at Coconut grove through an allotment letter dt.09.11.2009 etc. If OP has not offered two complimentary plots we are unable to understand what made the OP to sent this intimation letter again to complainant on 09.11.2009 informing allotment of complimentary site bearing number as blank and phase number as blank.
9. From the affidavit evidence of the complainant it becomes clear that Op has accepted the membership fees in the year 2007 itself but failed to provide the facility offered to allot and register the complimentary sites as assured. In spite of service OP has failed to respond to the legal notice Op has not produced any documents to show that the approved layout has been formed and conversion order sanction plan has been obtained from statutory authorities. We have perused the copy of he layout plan at document No.7 produced by the complainant. It is only a proposed layout plan and not sanctioned by the statutory authorities. In the absence of any materials we are unable to accept that OP has provided all the facilities as assured at the time of complainant becoming member of the Op club. Retention of amount for more than 4 years without responding to the legal notice amounts to deficiency in service on the part of the Op. We are satisfied that complainant is able to prove deficiency in service on the part of OP. since no relief is claimed against OP2 the complaint is liable to be dismissed against OP2. The relief sought by the complainant is for refund of Rs.1,50,000/-. In the absence of proof for having made the payment of Rs.1,50,000/-, We are unable to consider the claim of the complainant for refund of Rs.1,50,000/-. Complainant has produced two receipts for having made the payment of Rs.1,15,000/-to OP. Hence, we are of the considered view that complainant is entitled for refund of only Rs.1,15,000/- along with interest at 12% p.a. as compensation and litigation cost of Rs.2,000/-. Accordingly we proceed to pass the following:
O R D E R
The complaint filed by the complainant is allowed in part.
OP1 is directed to refund Rs.1,15,000/- together with interest at the rate of 12% p.a. from the date of respective payments till the date of realization and pay litigation costs of Rs.2,000/- to the complainant.
Complainant against OP2 is dismissed.
This order is to be complied within four weeks from the date of its communication.
Send the copy of this order to both the parties free of cost.
(Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 11th day of November-2011.)
MEMBER MEMBER PRESIDENT
CS.
