Complaint filed on: 23-07-2010

                                                      Disposed on: 26-10-2010

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.1695/2010

DATED THIS THE 26^th OCTOBER 2010

PRESENT

SRI.D.KRISHNAPPA., PRESIDENT

SRI.GANGANARASAIAH., MEMBER

SMT. ANITA SHIVAKUMAR. K, MEMBER

Complainant: -                       

                                                B.Chandrasekhara Shetty,

                                                (B.C.Shetty), No.3358,

                                                4^th Cross, ‘C’ Block,

                                                Gayathrinagar,

                                                Bangalore-21

V/s

Opposite party: -

The Country Club,

Represented by its Managing Director, No.675,

9^th ‘A’ Main, Indiranagar

I stage, Bangalore-38

O  R D E R

Smt.Anita Shivakumar.K., Member

Brief facts of the complaint filed by the complainant against the Op are that complainant became a member of Op club in the year 2006 believing the words of representative by paying Rs.15,000/- which had paid in 10 installments. Op offered the complainant to avail benefits of the club along with family members. At the time of signing the membership form OP representative told to upgrade the membership within two weeks which enables to avail the benefits of Op club in any branch. Believing   the representation of OP, complainant paid Rs.15,000/- in ten equal installments as agreed. Op ‘s letter dated 14/4/2006, intimated the complainant  that his membership number is TCCY32 and Rs.15,000/- is received by him and also stated that there is no due to the Op. Op had issued only one membership card instead of three cards though all particulars had furnished. Again on 29/4/2006 Op sent one letter to complainant stating that the membership cards for wife and children were enclosed. But Complainant received a letter without the cards. In reply to that letter complainant wrote a letter dated 20/6/2006 regarding the non receipt of three other cards become of no use to avail the benefits and op had not upgraded the membership as assured. Complainant again requested to issue three other cards of his family members, without them he cannot use the benefits of club in letter dated30/12/2008. Op neither replied to the letters of the complainant nor he issued remaining cards. Complainant issued a legal notice requesting to refund his membership amount dated 8/6/2009. In reply letter of Op intimated the complainant regarding up gradation of membership from life time membership to Gold Crown Premium membership bearing no: BLGCP 3446B along with free access to 5 clubs in Bangalore and Goa and Bandipur stay as complimentary. For that complainant had told to pay Rs.1800/- towards annual administrative charges. After several request, OP had not taken any trouble to issue the identity cards and complainant paid Rs.4,778/- towards administrative charges for 2009 – 10 eventhough he is not liable to pay without availing facility. But the grievance of complainant still persists that non issuance of membership card/ identity card which Op offered at the time of taking membership. So complainant is not interested to continue transaction with the complainant. Hence, he approached the forum seeking direction to refund his amount of Rs.15,000/- with 12% interest and cost.

          2. Op has appeared through his advocate and filed version. Op in his version has contended that all the averments of complainant are false and Op denied deficiency in their service.   Op has admitted that the complainant had become a life member of that club and was entitled to avail benefits available in the club.  Even Op upgraded his membership without collecting extra charges for which he supposed to pay. Op also contended that complainant could have avail club facilities with only one card which he already had. But complainant not shown interest to utilise the facility and thereby have prayed for dismissal of the complaint.

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 temporary card issued by the op, copy of two letters of OP, copy of the receipt for having paid towards administrative charges, copy of letters of complainant , copy of the legal notice sent to  Op regarding refund of his amount.  Counsels for OP argued, counsel for complainant filed written arguments and perused the records.

4. On the above materials, following points for determination arise.

1.     Whether the complainant proves that the Op has caused deficiency in their service in not providing club facility?

2.     To what relief 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: As we have gone through the contention of both parties, there is no dispute between them, in this complainant having had become a life member bearing no. TCCY32 by Rs.15,000/-  as membership fee. Though the receipt issued by Op is not produced, Op is admitted that complainant paid Rs.15,000 and there is no due from the complainant  in letter dated 14/4/2006 and also stated the detail is as per the vide receipt no: 84485. Op had issued only one card to the complainant not to the other family members as promised. But in the letter of Op dated 29/4/2006 mentioned that membership identity cards enclosed with the letter but no cards were received by the complainant. The same is intimated to Op immediately on letter dated 20/6/2006 by the complainant. Op neither replied to that letter nor intimated to complainant stating that one card is enough to utilize the benefits of club which OP has taken contention in his version. Till 8/6/2009, complainant wrote two letters regarding the same grievance of non issuance of identity cards to other three members and not keen to upgrade the membership as promised, dated 20/6/2006 and 30/12/2008.When Op had not replied and felt that taking membership is of no use since 2006, complainant decided to get back his money from Op. Complainant sent legal notice dated 8/6/2009 calling upon to refund his money with interest. Then Op replied to the legal notice on 18/6/2009 to complainant regarding enhancement of the membership to Gold Crown Premium membership.  By that time already three years completed to make use of club facility. There is no reasons to disbelieve the claims of the complainant and is entitled for refund.

7. If it was the case, Op could have told complainant to make use of club without additional cards and temporary card is enough to utilize. Three years is not required to issue identity card, investing the amount for the object of availing benefits and without benefit though full payment was paid. Eventhough Op not responded to complainant, complainant also paid administrative charges of Rs.4,778/- which is acknowledged by Op by issuing receipt.

8. It is the grievance of the complainant that despite he approaching the Op several times and written complaints were sent to OP, he did not fulfill the offers as promised.   Op failed to attend the grievance of complainant. Considering all these, we are in view that Op has made delay in issuing cards and the money of the complainant simply lying with Op without reaching the needs of complainant, amounts to deficiency in service on the part of OP. Op have to compensate for that.

          9. 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 despite several request of complainant, OP had not issued identity card to the family members so far and hence, complaint in our view is entitled for refund other relief not as he prayed for. Hence, answer point no.1 is in affirmative and accordingly we passed the following order: 

OR D E R

Complaint allowed.

Op is directed to refund Rs.15,000/- with interest @10% per annum from the date of deposit to till it is repaid.

OP is directed to pay Rs.2,000/- as cost.

OP shall pay the ordered amount within 30 days from the date of this order.

Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 26^th October 2010.

Member                         Member                         President