COMPLAINT FILED:04.11.2011
DISPOSED ON:20.01.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
20th DAY OF JANUARY 2012
PRESENT :- SRI. B.S. REDDY PRESIDENT
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.2025/2011
ComplainantS | 1.Mr.Jaison P. S/o Mr.Pappachan, Aged about 34 years. 2.Mrs.Vesta W/o Mr.Jaison P. Aged about 28 years. Both are R/at No.J.F.285, and CF.39 Ittina Neela, Near Gold Coin Club, Bangalore-560 100. Adv:Sri.Shivaraju M.D., V/s. |
OPPOSITE PARTY | The Country Vacations, International Holiday Club, A Division of Country Club (1) Ltd, No.102, I Floor, No.48, S & S Chambers, Next to Kamat Hotel, Bowring Hospital Road, Bangalore-560 001. Represented by its Branch Manager. Placed Ex-parte. |
O R D E R
Sri.B.S.REDDY,PRESIDENT
The complainants filed this complaint Under Section 12 of the Consumer Protection Act of 1986 seeking direction against Op (herein after called as O.P.) to refund an amount of Rs.1,25,000/- with interest at 18% p.a. and to pay compensation of Rs.50,000/- along with litigation cost on the allegation of deficiency in service on the part of the OP.
2. In spite of service of notice, OP failed to appear without any justifiable cause, hence placed ex-parte.
3.In order to substantiate complaint averments, the complainant No.1 filed affidavit evidence.
4. Arguments on complainant’s side heard.
5.We have gone through the complaint averments, the documents produced and affidavit evidence of the complainant. On the basis of these materials, it becomes clear that the representative of OP called complainant No.1 stating that he has won the prize and to collect the same. The complainant and his wife went to the office of the OP at Shivajinagar to collect the gift articles. During their visits on 01.11.2007, the complainants were lured by OP assuring that on becoming members of OP, they will give complimentary plot at Phase Hindupura SRD of Penukonda Hindupura and also get club membership lifetime and 5 years Holiday membership yearly/1 week, additional benefits of Life Membership Country club and access to all other affiliated clubs with in India and Abroad Accidental Insurances coverage of Rs.5,00,000/-. The representative of the Ops forced to take membership assuring that the amount can be paid in instalments as and when the amount received but on or before 01.11.2007. Op also executed an agreement called ‘Purchase Agreement’ dt.01.11.2007. The complainants paid Rs.1,25,000/- as under. On 01.11.2007 Rs.25,000/- through credit card and another sum of Rs.25,000/-, through cheque, on 09.12.2007 Rs.60,000/-, on 23.12.2007 Rs.15,000/-. Op has issued the receipts in respect of Rs.60,000/- and Rs.15,000/-. The Statement of Account of OP produced reveals that an amount of Rs.25,000/-is paid on 01.11.2007 and another sum of Rs.25,000/- on the same day through cheque. Thus it becomes clear that totally an amount of Rs.1,25,000/- has been paid to OP towards membership fees by these complainants. The complaints came to know that OP has not yet commenced any project and obtained any sanction and approval from the competent authority to form a layout to allot the sites. OP failed to fulfill its obligation of allotting complimentary plot as assured. Even OP has not provided the membership card and also not provided any facilities of free vacations as promised. The complainants requested OP through their letter dt.20.05.2011 to refund the membership amount of Rs.1,25,000/- with interest. OP failed to comply the demand. Thus it becomes clear that OP by assuring allotment of complimentary plot and other facilities made these complainants to becomes members by receiving huge amount of Rs.1,25,000/- but failed to fulfill its obligations as promised, the same amounts to deficiency in service and unfair trade practice on the part of the OP.
6. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant No.1 and the documents produced. The very fact of Op remaining ex-parte leads to draw inference that Op is admitting the claim of the complainants. The complainants are entitled for refund of the membership fee paid with interest at 18% p.a. as compensation from the date of respective payments till the date of realization with litigation cost of Rs.2,000/-. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainants is allowed in part.
Op is directed to refund an amount of Rs.1,25,000/- with interest at 18% p.a. from the date of respective payments till the date of realization and pay litigation cost of Rs.2,000/- to the complainants.
This order is to be complied within four weeks from the date of its communication.
Send copy of this order to both the parties free of costs.
(Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 20th day of JANUARY 2012.)
MEMBER PRESIDENT
Cs.
