This case is coming for final hearing on 08-07-2013 in the presence of Sri K.Jaya & K.Premananda Rao, Advocates for Complainant and of L. Krishna & K. Parthasaradhi, Advocates for Opposite parties and having stood over till this date, the Forum delivered the following:

                                                                                                        : O R D E R :

                                                             (As per the Honourable President (FAC) on behalf of the Bench)

1.     The case of the Complainants is that the complainants are the members of 1^st opposite party’s club and agreed to purchase club and vacation membership for Rs.1,35,000/- and entered into an agreement on 02.06.2011.  The complainants paid in total Rs.1,35,000/- vide receipt Nos:9712 on 31.05.2011 for a sum of Rs.40,000/-, receipt No:9713 on 31.05.2011 for an amount of Rs.9,000/-, receipt No:9714 on 31.05.2011 for an amount of Rs.1,000/-, receipt No:9743 on 31.03.2011 for an amount of Rs.50,000/- and receipt No:9744 on 31.05.2011 for an amount of Rs.35,000/-.  In total the complainants paid Rs.1,35,000/- and the 1^st opposite party agreed to register the said club and vacation membership in the name of the complainant.  The 3^rd opposite party sent a letter of allotment on 10.11.2011 stating that they allotted a complimentary Plot No:3123  admeasuring 150sq.yds at Fair way extension, A,B and C as part of membership of the ‘Country club’ but the opposite parties did not register the plot, then, the complainants issued legal notice on 21.11.2011, but they did not respond on the said notice, though they have received the notice.  The Complainants stated that they roamed around the offices of the opposite parties, but nobody gave proper reply to them and the complainants suffered physically and mentally because of the acts of the opposite parties.  Hence this complaint;

a) to refund an amount of Rs.1,35,000/- with 24% p.a. interest from the date of agreement i.e., 02.06.2011

b) to pay Rs.1,00,000/- towards mental agony and

c) to pay Rs.50,000/- towards damages besides costs of Rs.40,000/-.

2.     The 1^st opposite party filed its counter and the 2^nd opposite party filed adoption memo, adopting the same. 

3.     On the otherhand, Opposite parties filed their counter and denied all the allegations mentioned in the complaint and pleaded that they are ready to register the plot at Fair way extension at Aleru or Fair way at Warangal District, hence there is no cause of action to file the complaint and the complainant filed this complaint with unlawful gain from the opposite parties, as such, this complaint is to be dismissed.

4.     At the time of enquiry, the Complainant filed affidavit and written arguments and Exhibits A1 to A5 are marked.  On the otherhand, the Opposite parties filed their Counter, affidavit and written arguments.  No documents are marked on behalf of the opposite parties. Both the counsels were heard who reiterated their versions.

5.     In view of the respective contentions raised by either side, the point that would arise for determination in this case is:-

Whether there is any deficiency in service on the part of the opposite parties and if so, can the complainants entitled for compensation and other reliefs prayed for?

6.     The fact that as per Exhibit A1 i.e., receipts in five numbers and Ex.A2 dated 02.06.2011 i.e., Purchase Agreement for club and vacation membership issued by the opposite parties to the complainants is not in dispute.  As per the opposite parties pleadings in its counter as well as oral arguments made by the counsel, it is very clear that the opposite parties agreed to register a plot in the name of the complainant and in their arguments they have expressed their willingness to register the plot at Fair way extension, Aleru or Fair way Extension, Warangal.  But the complainants not agreed to receive the plot in those places and the complainants want the plot at Visakhapatnam, as the opposite parties made a promise at the time of agreement.  Ex.A3 is the registered lawyer’s notice issued by the complainants on 21.11.2011 regarding the return of amount along with interest at 24% p.a.  Ex.A4 is the Postal acknowledgment shows that the opposite parties received the notice, but kept silent and failed to settle the issue which clearly shows their deficiency of service.   The counsel for the opposite parties’ contention in their oral argument that, if the complainants’ seeks about refund of amount, the opposite parties deduct 80% of the total amount paid by the complainants and only 20% of the amount will refund back but not established by filing any evidence.  But in our view, after the receipt of the amount from the complainants, the opposite parties failed to provide either the holiday-in or the plot to the complainants as promised is injustice. 

7.     It is to be noted that the opposite parties failed to prove that the complainants availed the holiday-in facility by filing any documents.  Moreover, non issuance of the reply for the lawyer’s notice issued by the complainants clearly shows its negligent attitude of the opposite parties, hence they are liable to refund the amount of Rs.1,35,000/- which was received from the complainants  with interest is just and proper. 

8.     The relief claimed by the complainants regarding the interest is on higher side, hence in our view, allowing 9% p.a. interest on the due amount from the date of agreement i.e., 02.06.2011 is just and proper. 

9.     Accordingly, this point is answered holding that the opposite parties are liable to refund an amount of Rs.1,35,000/- with 9% p.a. interest from 02.06.2011 till the date of payment besides compensation of Rs.15,000/- towards compensation for mental agony as well as damages. 

10.    In the result, the complaint is allowed directing the opposite parties to refund an amount of Rs.1,35,000/-(Rupees one lakh thirty five thousand only) with 9%p.a. interest from 02.06.2011 to the complainants within three months, failing which to pay the same with 12% p.a. interest  till the date of payment.  The opposite parties are further directed to pay Rs.15,000/- (Rupees fifteen thousand only) towards compensation besides costs of Rs.2,000/-(Rupees two thousand only).

Dictated to the Shorthand Writer, transcribed by her, corrected and pronounced by us in the open Forum on this the 24^th Day of July, 2013.

    Sd/-                                                                       Sd/-

President(FAC)

Member                                                       District Consumer Forum-I                                                                                    Visakhapatnam

APPENDIX OF EVIDENCE

Exhibits Marked for the Complainant:

Exhibits Marked for the Opposite Parties:

                   NIL

    Sd/-                                                                       Sd/-                                                                                                                                                                                                                                                                                                                                                 

President(FAC)

Member                                                       District Consumer Forum-I               

                                                                     Visakhapatnam