O R D E R<br /> SMT. ANITA SHIVAKUMAR. K, MEMBER<br /> <br /> Brief facts of the complaint filed by the complainant against the Opposite Party (hereinafter called as Op for short) are, that initially complainant was a member of Op club by paying Rs.10,000/-. Op issued receipt dated 21/3/2002 bearing no: BLILM 1285. Later, Op represented by its executive and told to upgrade the membership by paying Rs.1,15,000/- to Mr.Kool membership bearing no. KOOL 2715 and he also ensure to have free plot with other free club facility, swimming pool and sports club. Through the representation of executive of Op complainant impressed and with intension of having a site in and around the city of Tumkur is impressed to upgrade his membership to Mr.Kool. Accordingly complainant paid Rs.1,15,000/- in single installment on 13/2/2008 through credit card. Op issued receipt for the same. On 21/3/2008 Op sent a letter stating that payment is completed and by paying registration charges of Rs.15,000/- complainant can register the complementary site measuring 1089 sq. ft at vedic spa project II KOOL in Phase A - II situated in Vedic Country Spa. Op also issued two allotment letters to complainant both dated 22/6/2009 In first allotment letter Op informed about allotting three sites namely, in Phase II site no: 101,102 and 103 measuring 1089 sq.ft each. For them complainant had requested to pay Rs.60,000/- towards registration charges. Through second allotment letter Op passed message of allotment site bearing No.100 measuring 1089 sq.ft. in Phase A-II ,complainant have to pay Rs.15,000/- towards registration charges. After the receipt of allotment letters of Op, complainant enquired to go through the area and blue print of layout. But nobody behaves properly with complainant. Complainant enquired about the plots and phase A-II, then complainant came to know that there is no such A II phase formed in Karnatak and the said land is situated in Andra Pradesh. No developmental work done there. Complainant requested Op to register the site in coconut groove vedic Spa, at Tumkur, Op keep on postponing the matter. When complainant found such a misrepresentation made by the Op, complainant decided to withdraw his membership from Op and also get back his amount. Complainant issued legal notice dated 23/4/2010 calling upon the Op to cancel the membership and refund his money. Neither Op neither replied for the legal notice nor refunded his amount back. Complainant approached this forum to direct the Op to refund Rs.1,25,000/-with interest @ 24%and, direct op to pay Rs.12,120/- towards interest charged and paid to bank on credit card payment, and compensation of Rs.3.00 laKhs, and other reliefs.<br /> <br /> 2. Op has appeared through his 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. Kool Vedic Spa member bearing no. KOOL 2715 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 a free site no.100 as complimentary to the membership taken and was gift to the members. Also allotted site no.101, 102 and 103 under MGM scheme. That the complainant did not get the site registered though complimentary site and three other sites under MGM scheme have been allotted to complainant bearing no:100 at phase A- II in Vedic spa project II and also 101, 102,103 at phase A II in Vedic spa project-II issued allotment letter dated 22/6/2009 stating that within 30 days from receipt of the letter the same registration can be done by the payment of Rs.15,000/- and Rs.60,000/-. But complainant not shown interest to register it and thereby has 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 copy of offer letter of Op, copy of two allotment letters, copy of the receipt for having paid towards membership fee, copy of bank statements to show he is paying interest on credit card payment, copy of the legal notice sent to Op regarding refund of his amount. Counsel for op argued, counsel for complainant was absent, taken as heard and perused the records.<br /> <br /> 4. On the above materials, following points for determination arise.<br /> <br /> 1. Whether the complainant proves that the Op has caused <br /> deficiency in their service in not allotting sites and in not <br /> providing other facilities as promised ?<br /> 2. To what relief the complainant is entitled to?<br /> <br /> 5. Our findings are as under:<br /> <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 Mr. Cool Vedic spa member bearing no. KOOL2715 by paying Rs.1,25,000/- as membership fee who was initially a member of Op under BLILM scheme and that the Op has offered a site. The offer letter contains all facilities which are offered by the Op and along with that Op told him to pay Rs.15,000/-towards registration charges for complementary site and Rs.60,000/-for three sites allotted under MGM scheme for confirmation . As these facts are not disputed, the only dispute between the Parties remains for decision is regarding non-registration of site as promised.<br /> <br /> 7. It is the grievance of the complainant that despite he approaching the Op several times Op did not registered sites as promised. In the two allotment letters of Op dated 22/6/2009 , had offered to allot a site of 1089 sq.ft at coconut groove Vedic Spa site bearing no.100 and other letter allotted three sites measuring 1089 sq. ft each bearing no. 101,102,103. 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 has not controverted the statement of complainant and dissatisfaction but Op is still telling that he is ready to register the site. 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 offers in our view appear to be an uncertain and non-existing because it is not clear where exactly that coconut grove Vedic spa exists. In this way it is found that the Op has offered such type of free plots 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 13/2/2008 by paying full amount. He has repeatedly stated that despite approaching the Op they did not register the plots. <br /> <br /> 9. Op has neither registered 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 in Andra Pradesh, where exactly exists and the offer is really genuine tell the complainant to get documents registered a complimentary site 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 Op has 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. Op has not produced any such document to prove that complainant had utilized the facilities provided by the Op club. 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 cannot have any rights for 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, from that date 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 /> <br /> O R 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 payments till it is repaid. <br /> <br /> Op shall refund that amount with interest within 45 days from the date of this order. <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 in the Open forum on this the 08th October 2010.<br /> <br /> <br /> <br /> MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />