Complaint filed on: 28-09-2010
Disposed on: 04-01-2011
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.2228/2010
DATED THIS THE 4TH JANUARY 2011
PRESENT
SRI.D.KRISHNAPPA., PRESIDENT
SRI.GANGANARASAIAH., MEMBER
SMT. ANITA SHIVAKUMAR. K, MEMBER
Complainants: -
1) Sri.Rudraprakash
S/o.Basavaraj,
Aged about 36 years
2) Smt.Parvathamma.N.B.
W/o. Rudraprakash
Aged about 27 years
Both are residing at
No.31/1, 3rd Main Road,
Kasturibanagar, Mysore Road
Bangalroe-560 026
V/s
Opposite party: -
The Country Vacations,
International Holiday Club,
A Division of country Club (I) Ltd
No.102, I Floor, No.48, S & S
Chambers, Next to Kamat Hotel,
Bowring hospital road,
Bangalore-560 001
Represented by its Chairman and
Managing Director
O R D E R
Smt.Anita Shivakumar.K., Member
The grievance of the complainants against the Op in brief is that the representative of Op intimated about the complainants winning a prize in lucky draw and invited the complainants to collect the gift from Op‘s office. As per Op’s invitation complainants visited their office but there Op organized the meeting to offer to become member of the OP club. Along with lifetime membership, Op also offered a site measuring 2178 sq.ft at Tumkur and free vacation for 7 days for a period of five years. Since Op informed that the said offer is only one day, especially for the prize winners. Then complainants showed his inability of investing huge amount, Op offered to receive total amount of RS.1,48,000/- in installments. Op also executed an agreement of sale dated 20/8/2007. Accordingly, complainants had paid Rs.1,48,000/- in 10 installments. The first installment is paid on 23/8/2007 and last installment was paid on 18/11/2008. For that Op has issued receipts for all the payments made by the complainants and membership number DTB 287. After that complainants learnt that Op representatives are duping the public by making all sorts of promises to collect huge amount but failed to provide site and other facility as promised, the complainants approached Op and requested to provide facilities of free vacation as promised and requested Op regarding the non execution of document of site measuring 2178 sq.ft. When Op is failed to provide site in favour of complainants, complainants requested to refund of amount. The complainants also issued a letter for refund of their money dated 20/6/2009, in turn Op has replied seeking time till 2nd week of April-2010. Op with one or the other reason dragged the matter without making refund of amount. Complainants alleged that non execution of title deed and non refund of money caused deficiency in the service on the part of Op and seeking direction to refund total amount of Rs.1,48,000/- with 18% interest p.a and Rs.25,000/- towards mental agony and Rs.10,000/- towards cost.
2. Notice sent to Op through RPAD, was duly served on him. On the date of appearance Op was absent and he is placed exparte.
3. In the course of enquiry into the complaint the complainants has filed his affidavit evidence reproducing what he has stated in his complaint. The complainants along with the complaint have produced the copy of receipts issued by Op, and copy of purchase agreement dated 20/8/2007, copy of letter sent by Op dated 14/11/2007. Complainants have also filed a copy of letter for refund and reply letter of Op. Counsel of complainants is heard and perused the records.
4. As we have gone through the contention of complainants, in this complainants having had become member of country vacation which is a division of country club had offered to become member to avail many facilities including 2178 sq.ft of site at Vedic Spa at Tumkur. By believing the assurances of Op complainants paid huge amount of Rs.1,48,000/- in 10 installments for which Op had issued receipts and allotted membership number DTB 287 . The full amount of Rs.1,48,000/- is paid on 30/4/2008 and as per the instruction of Op complainants also paid Rs.3,000/- towards service charges on 18/11/2008. After several requests, Op went on prolonging the matter which makes the complainants to withdraw his membership. Hence, complainants sent a letter to Op to cancel the membership and to refund his money dated 20/6/2009. After written request and oral requests of complainants, Op replied on 10/3/2010 and sought time till 2nd week of April,2010 to refund his amount. But Op till date has not come forward to refund his amount. Op neither refunded the amount nor executed the site as assured.
5. Op representative called upon the complainants intimating the complainants that they have won some lucky draw prize and to collect the gift. OP invited the complainants and introduced new kind of membership and convinced him to get membership. With all such exercises and concession to pay the amount in installments, Op got one more members in their list of members. Op had entered into purchase agreement dated 20/8/2007 at the time of membership. Other than purchase agreement Op neither issued any information about the club and about how the members get benefit of it? Even membership card also not issued.
6. In this way it is found that the Op by misrepresenting is offering 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 30/4/2008 by paying full amount. He has repeatedly stated that despite approaching the Op they did not register the plots as promised. If we carefully look at this offer, the offers in our view appears to be an uncertain. Thus we find nothing wrong in this complainants asking for the relief of refund of membership fee because of not providing site and other facilities. Due to lack sincerity on the Op we find there is no genuinity even Op would have allotted the site.
7. Op has neither registered the site as assured nor refunded his amount despite the request of complainants. Op has not exhibited their interest in keeping their promises and they cannot retain complainants’ money. Hence, complaints in our view is entitled for the relief. From the date of complainants request for refund i.e from 20/6/2009 the complainants would become entitle for interest on the money to be refunded. With the result, we pass the following order.
OR D E R
Complaint is allowed.
Op is directed to refund Rs.1,48,000/- to the complainants with interest @ 18% per annum from 20/6/2009 till it is repaid.
Op shall refund that amount with interest within 45 days from the date of receipt of copy of this order.
Op shall also pay cost of Rs.2, 000/- to the complainants.
Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 4th January 2011.
Member Member President
