Complaint filed on: 28/09/2010
Disposed on: 06/12/2010
BEFORE THE BANGALORE IV ADDITIONAL DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE
URBAN DISTRICT NO.8, SAHAKARA BHAVAN
CUNNINGHAM ROAD, BANGALORE – 560 052
COMPLAINT NO.2227/2010
DATED THIS THE 06th DECEMBER 2010
PRESENT
SRI.D. KRISHNAPPA, PRESIDENT
SRI. GANGANARASAIAH, MEMBER
SMT. ANITA SHIVAKUMAR. K, MEMBER
Complainants:
1. Mr. Abdul Jabber
S/o Abdul Sattar
Aged 42 years
2. Mrs. Tabbasum
W/o Abdul Jabber
Aged about 38 years
Both are residing at
No.78/1 4th Cross
Vinayaka Nagar
Bangalore-560 027
V/s
Opposite Parties:
The Country Vacations
International Holiday Club
A Division of Country Club (I) Ltd.,
No.102, 1st 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 had won the 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. When complainants showed his inability of investing huge amount, Op offered to pay total amount of RS.2 lakh in installments within 31/12/2009. Op also executed an agreement of purchase dated 21/2/2009. Accordingly, complainants had paid Rs.2 lakh in 7 installments within the stipulated period i.e within 31/12/2009. For that Op has issued receipts and allotted membership No: MCM CV (36) DTA 00110 but failed to execute the site and other facility as promised. Complainants requested Op regarding the non execution of site measuring 2178 sq.ft through letters dated 28/6/2010 and 3/8/2010 and requested to refund of amount which were acknowledged by OP. Complainants alleged that non execution of site and non refund of money caused deficiency in the service on the part of Op and seeking direction to refund total amount of Rs.2 lakh and Rs.50,000/- towards mental agony and Rs.10,000/- towards cost.
Notice sent to Op through RPAD, was duly served on him but remained absent and he is placed ex-parte.
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 receipts issued by Op, request letter to Op to refund the money, reply letter of Op, and copy of purchase agreement. Counsel of complainants has argued and perused the records.
As we have gone through the contention of complainants, in this complainants having had become a member of country vacation which is division of country club had offered to become member to avail many facilities including 2178 sq.ft of site at Tumkur. By believing the assurances of Op complainants paid huge amount of Rs.2 lakh in 7 installments for which Op had issued receipts and allotted membership number i.e, MCM CV(36) DTA 00110 . The full amount is paid on 25/11/2009. 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 28/6/2010. After written request and oral request of complainants, Op replied and sought time till 3rd week of August to refund his amount. But Op till date has not come forward to refund his amount.
Op representative called upon the complainants intimating the complainants that he has won some lucky draw prize and 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 member in their list of members. Op had entered into purchase agreement 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.
In this way it is found that the Op by misrepresenting in 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 complainants became a member on 25/11/2009 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 offer in our view appears to be an uncertain. We find that there is nothing wrong in this complainants asking for the relief of refund of membership fee because of non allotment of site. Due to lack sincerity on the Op we find there is no genuinity in allotment also.
Op has neither registered the site as assured nor refunded his amount though complainants requested. Op has not exhibited their interest in keeping their promises therefore they cannot withhold the complainants money. Hence, complaint in our view is entitled for the relief as prayed for. Therefore, from the date of complainants requested for refund i.e from 28/6/2010 the complainants would become entitle for interest on the money to be refunded. With the result, we pass the following order.
O R D E R
Complaint is allowed.
Op is directed to refund Rs.2,00,000/- to the complainants with interest @ 18% per annum from 28/6/2010 till it is repaid.
Op shall refund that amount with interest within 45 days from the date of receipt 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 in the Open forum on this the 06th December 2010.
MEMBER MEMBER PRESIDENT
