BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.390/2013

DATED ON THIS THE 5^th August 2016

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri Devakumar.M.C.

Member

1.     The complainant has filed the complaint under section 12 of the C.P.Act 1986, against the opposite parties, alleging the deficiency in service and unfair trade practice and seeking a direction to refund Rs.1,15,000/- along with interest at the rate of 24% p.a. from 30.06.2010 till the date of payment and compensation of Rs.2,00,000/- for the mental agony, and cost of Rs.10,000/- with such other reliefs.
2.     The complainants deposited a total sum of Rs.1,15,000/- towards the membership card and allotment of a plot on various dates.  The opposite party failed to issue membership card nor allot the plot as assured.  Thereby, alleging the deficiency in service and unfair trade practice on the part of opposite party, filed the complaint, seeking reliefs.
3.     The opposite party No.1 denying the allegations, submits that the plots are given as complimentary to its members.  It denies the payment of Rs.1,15,000/- but admits the receipt of Rs.1,00,000/- on various dates.  It had delivered the membership card.  The notice dated 28.11.2013 has not been served, because of change of office address of the opposite party No.1, as such the same was not replied.  The D.D. bearing No.944993 dated 27.02.2013, issued towards registration charges could not be encashed, as the same received late, hence, plot was not registered and the same has been informed to the complainant, over phone on several occasions.  Thereby, the opposite party No.1 denies the payment of Rs.1,15,000/-.  The opposite party No.1 prays for dismissal of the complaint.
4.     To establish the facts, the complainants and the opposite party No.1 filed affidavit in lieu of respective evidence.  The complainants filed written arguments and relied on several documents.  Arguments not addressed by both side.  Perusing the material on record, matter posted for orders.
5.     The points arose for our consideration are:-

1. Whether the complainants have established the deficiency in service and unfair trade practice by the opposite parties, in not issuing the membership card and allotment of a plot, inspite of receipt of amounts and thereby they are entitled for the reliefs sought?
2.  What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

Point No.2 :- As per final order for the following

:: R E A S O N S ::

7.    Point No.1:- The complainants attracted by the publicity of opposite party, relating to sale of club membership and a plot of 1089 Sq.Ft. at the opposite parties “country club vedic spa” near Hindupur as complimentary.  The membership value was Rs.1,15,000/- as per letter dated 10.07.2010.  A sum of Rs.1,15,000/- has been deposited on various dates.  On failure to issue the membership card and allot a plot, a legal notice caused on 28.01.2013.  Vide letter dated 09.02.2013, the opposite parties assured to issue the membership card by next 10 days and demanded a sum of Rs.15,000/- towards registration charges of the plot by next 60 days.  A sum of Rs.15,000/- DD bearing No.944993 dated 27.02.2013 was sent on 02.03.2013.  In spite of the same, the opposite parties failed to comply the demands.  Hence, the allegation of deficiency in service and unfair trade practice by opposite parties and sought for the reliefs.
8.    The opposite party No.1 admitted the receipt of Rs.1,00,000/- but denied receipt of Rs.1,15,000/- as alleged, on various dates towards the membership card and allotment of a plot.  The opposite party No.1 contends that, it had delivered the membership card to the complainants.  The D.D. issued towards the registration charges, could not be realised because of the delayed delivery of the same.  As such, the registration could not be materialised.  Further, the opposite party No.1 had requested the complainants, repeatedly to get the revalidation of the D.D., but the complainants failed to do the needful.  As such, the opposite party No.1 contended that the complainants had paid only Rs.1,00,000/-, but not Rs.1,15,000/- as alleged, hence, prayed for dismissal of the complaint.
9.    The complainants established the payment of Rs.1,00,000/- to the opposite parties on various dates, towards the membership and allotment of a plot by opposite parties on complimentary basis, vide its terms and condition for allotment of complimentary plot dated 10.07.2010 and the purchase agreement for opposite parties International Holiday Club member dated 10.04.2011.  Further, the complainants established payment of Rs.15,000/- vide D.D. bearing No.944993 dated 27.02.2013 and the receipt of the same has been acknowledged by opposite party No.1, on 02.03.2013 vide temporary receipt issued.  As such, the contention of opposite party No.1 relating to payment of only Rs.1,00,000/- is not correct.  From the above, it is true that the opposite party No.1 had received the amount but failed to issue membership card and allot the plot in favour of the complainants.    Accordingly, the point No.1 is answered partly in the affirmative.
10.  Point No.2:- In view of the above observations, opposite parties are liable to pay compensation for the mental agony, hardship caused to the complainants, we proceed to pass the following

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite parties are jointly and severally shall pay a sum of Rs.1,15,000/- along with interest at the rate of 12% p.a. from the date of respective deposits, to the complainants, within 60 days of this order.  On failure to comply, the opposite parties shall pay interest at 18% p.a. on the said sum (i.e. Rs.1,15,000/-) from the date of this order till payment is made.
3. The opposite parties jointly and severally shall pay Rs.10,000/- compensation towards mental agony, hardship caused and Rs.3,000/- towards the deficiency in service and unfair trade practice and Rs.2,000/- towards the cost of the proceedings, to the complainant, within 60 days of this order. 
4. In default, the opposite parties shall pay penalty of Rs.50/- per day to the complainant, until compliance made.
5. In case of default to comply this order, the opposite party shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
6. Give the copies of this order to the parties, as per Rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 5^th August 2016)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT     

(M.V.BHARATHI)                           (DEVAKUMAR.M.C.)

      MEMBER                                         MEMBER