COMPLAINT FILED ON: 29.12.2010
DISPOSED ON:16.07.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
DATED 16th Day of JULY– 2011
PRESENT:- SRI. B.S.REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINANT | Jasbir Singh S/o Late Sardar Pritam Singh, Aged about 30 years Residing at No.302, Shesia Naidu Garden, Prabhu Palace, N.S.Palya, Bannerghatta Road, Bangalore-560 076.. Advocate: Sri.Shashi Kumar R, V/s. |
OPPOSITE PARTIES | 1. The Country Club India Limited, Represented by its Chairman and Managing Director, Mr.Y.Rajeev Reddy, Having Office at No.847 100 Feet Ring Road, Adjacent to Indiranagar Post Office, Indira Nagar, Bangalore-560 038. 2. Country Condo’s Limited, Represented by its Chairman and Managing Director, No.478, Maha Padma, 1st Main, 1st Stage, Indiranagar, Bangalore-560 038. Advocate: G.A.Gopi |
O R D E R S
SRI. B.S.REDDY, PRESIDENT
The complainant filed this complaint under Section 12 of the Consumer Protection Act, 1986 seeking direction against the Opposite Parties (herein after called as O.Ps) to refund membership fee of Rs.90,000/-with interest at 24 % p.a. and pay compensation of Rs.3,00,000/- along with litigation costs on the allegation of deficiency in service on the part of the OPs..
2. The case of the complainant to be stated in brief is that:
The complainant became member of OP1 club, OP2 is agency of OP1 providing the service like real estate, providing lands for forming layouts and collecting charges for providing complimentary sites, on behalf of OP1. OP1 offered complementary plot near Devanahalli Airport, upon the complainant becoming the member by taking Millinaire Premium Club Card Member ship Scheme. The OP1 officials took the complainant to the spot and showed COCONUT BANNIYAN TREE layout and said they would allot plot in the said layout and further they assured to provide other facilities like Swimming pool, club sports, free trip for 6 nights and 7 days complimentary stay 5 years in the properties of OP1 across the country. The complainant paid sum of Rs.60,000/-through credit card on 15.10.2007 and became the member of OP1. Further OPs charged extra Rs.30,00/-towards membership by threatening the complainant of canceling the membership and issued a temporary bill dt.15.12.2007. OP2 sent a letterdt.01.02.2008 intimating the complainant to pay the registration charges of Rs.20,000/- within 15 days for registering the complementary plot No.682 situated at VEDIC COUNTRY SPA PROJECT II KOOL PHASE G-SITE. The complainant enquired OP2 regarding the change of name of the layout for which OP2 informed that the site in the same layout adjacent to COCONUT BANNIYAN TREE Near Devanahalli Airport but name changed as it is next project, believing the words of the OPs that he would get site in COCONUT BANNIYAN TREE Near Devanahalli Airport paid the charges for allotment of site No.682 on 21.04.2008. OP2 copy registered plot No.168, Phase-G, under registered deed dt.29.11.2008 and the gift deed was handed over to the complainant at Bangalore in the office of the OPs. The plot bearing No.168, was not in COCONUT BANNIYAN TREE near Devanahalli Airport, it was in Andhara Pradesh, even there was no layout formed, nor plots were demarked, there was no approval plan for the layout. The complainant contacted the OPs, none of them cared to satisfy the quires refused to answer till today but said to take sites or leave. OPs failed to allot the complementary plot as assured near Devanahalli Airport and the complainant was charged heavily towards administrative charges and luxury charges for not even used once or twice the club facilities of OP, even though the OPs had assured of free services at their clubs. The complainant has paid in all Rs.6,000/- for above said purpose. The legal notice was issued to OP1 to refund the membership fee and pay compensation, OP1has not replied for the said notice, OP failed to provide services as assured. The complainant has suffered huge financial losses. Hence the complaint.
3. On appearance, OPs filed version admitting that the complainant became a member of OP1 under Millionaire Premium Club Card Membership Scheme and has paid only an amount of Rs.60,000/- membership fee. It is denied that the complainant has paid further sum of Rs.30,000/- on 15.12.2007, the receipt produced is false and fabricated document. In the legal notice issued there is no reference regarding payment of that amount. It is submitted that every member has to deposit the annual administration charges, which includes the Taxes payable to the Government; the complainant cannot have any grievances over the same. The payment towards the annual administration charges clearly indicates that the complainant has been utilizing the club facilities no complementary plot is offered under MILPB Scheme under which the complainant is a member, only the club facilities offered. In the welcome letter dt.18.10.2007 there is no offer for allotment of complementary plot. The complementary plot was offered only under Member Get Member (MGM) Scheme, since the complainant had introduced a new member, under the said Scheme the complainant was allotted with complimentary plot bearing No.682, in phase G, Project II, Vedic Spa and the same was registered in his name vide Gift Deed dt.29.11.2008. Such being the case, complainant cannot seek for refund of the membership fee under MILPB Scheme of the services enjoyed by the complainant. The facilities cannot be provided at the door steps of the complainant, the complainant has to voluntarily avail the said facilities by visiting the clubs located in Bangalore City. OPs have provided all the services to the complainant and has allotted and registered complementary plot, there is no deficiency of service on the part of the OPs. The complainant cannot seeking refund of the amount without seeking for cancellation of registered document, which cannot be done in a summery proceedings Forum has no jurisdiction to order for cancellation of any registered documents. The complainant has filed the complaint after lapse of more than 2 years from the date of registration of the site, the complaint is only an afterthought and the same has been filed to harass the OPs. OPs have obtained the conversion of the lands and delivered the possession of the site to the complainant on the date of execution of the Gift Deed. The membership fee paid is nonrefundable, any order for refund would cause irreparable harm and loss to the OPs membership fee paid would be utilized for development, maintenance and development of the plots and resorts across the country. Hence, it is prayed to dismiss the complaint with exemplary costs.
4. The complainant, in order to substantiate complaint averments filed affidavit evidence. One Venkatesh Verma, the Assistant Administrative Manager of OP filed affidavit evidence and produced documents. The complainant filed written arguments.
5. Arguments on both sides heard. Points for our consideration are:
Point No.1:- Whether the complainant proved the
deficiency in service on the part of
the OPs?
Point No.2:- Whether the complainant is entitled
for the reliefs claimed?
Point No.3:- To what Order?
5. We record our findings on the above points are:
Point No.1:- Affirmative.
Point No.2:- Affirmative in part.
Point No.3:- As per final Order.
R E A S O N S
6. At the out set, it is not at dispute that the complainant became a member of OP1 club by paying membership fee of Rs.60,000/- on 15.10.2007through his credit card. OP2 is agency of OP1 providing the service like real estate, providing lands for forming layout and collecting charges for providing complementary sites on behalf of OP1. The grievances of the complainant is apart from membership fee of Rs.60,000/-. OP1 collected further sum of Rs.30,000/- additional amount by threatening cancellation of the membership and issued a temporary bill dt.15.12.2007 and further at the time of becoming the member officials of OP1 took the complainant to COCONUT BANNIYAN TREE layout and assured to allot a site in the said layout, apart from assurance other facilities like Swimming Pool, Club sports, free trip for 6 nights and 7 days, complimentary stay in the clubs of OP1 across the country. OP1 has not allotted the site as promised and provided the facilities as assured. The gift deed executed by OP1 relates to plot No.682 situated at VEDIC COUNTRY SPA PROJECT II KOOL PHASE G-SITE. The same is not in the COCONUT BANNIYAN TREE layout. Thus the complainant claims that there is deficiency in service on the part of the OP1, the membership fee paid to be refunded along with other amount of Rs.30,000/- compensation of Rs.3,00,000/-.
7. The defence of the OPs is that there was no assurance to allot any site for the membership under Millionaire Premium Club Card, the site allotted to the complainant was under member get member (MGM) Scheme and the same has been registered by executed registered gift deed on 29.11.2008 and the complainant had utilized all the services at the club, as such there is no deficiency in service on the part of the OPs and the membership fee paid is nonrefundable, the receipt produced in respect of payment of Rs.30,000/- is fabricated.
8. We have gone through the affidavit evidence of both the parties and documents produced. From the affidavit evidence of complainant it becomes that at the time of receiving the membership fee OP1 has assured to allot a site in COCONUT BANNIYAN TREE layout but the site now registered under the gift deed is bearing No.168 situated at VEDIC COUNTRY SPA PROJECT II KOOL PHASE G. As per the allotment letter, it is stated that site No.682 is allotted to the complainant situated at VEDIC COUNTRY SPA PROJECT II KOOL PHASE G-SITE gift deed is not executed in respect of the said site. The gift deed is executed in respect of plot No.168. However, both these sites 168 and 682 are not situated within COCONUT BANNIYAN TREE layout, as such OP1 failed to keep up its promise to allot the site, in the said layout. Further OP has not produced any material to show that the complainant has utilized any services of the club. There is no merit in the contention that membership fee paid is nonrefundable and this Forum has no jurisdiction to entertain the complaint. The receipt produced by the complainant for having paid additional amount of Rs.30,000/- on 15.12.2007 bears the seal of OP1 and the same has been signed by the official of OP1, hence it cannot be said that the said receipt is a fabricated document. Merely because in the legal notice issued payment of said amount is not mentioned, it cannot be said that the complainant has created the said receipt. The act of OP1 in not allotting the site at COCONUT BANNIYAN TREE layout as assured and not providing the services amounts to deficiency in service on its part. The complainant is entitled for refund of the amount Rs.90,000/- with interest at 12% p.a. from the respective date of payments till the date of realization. The interest awarded is to be taken as compensation and also the returns from the said amount, if it was invested in any other project. Accordingly, we proceed to pass the following:
O R D E R
The complainant filed by the complaint is allowed in part.
The OP1 is directed to refund an amount of Rs.90,000/- with interest at 12% p.a. from the respective date of payment till the realization and pay litigation cost of Rs.2,000/- to the complainant within 4 weeks from the date of this Order.
Send copy of this order to both the parties free of costs.
(Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 16th day of July – 2011.)
MEMBER MEMBER PRESIDENT
Cs:
