O R D E R<br /> <br /> <br /> <br /> SRI.D. KRISHNAPPA, PRESIDENT:<br /> <br /> <br /> The brief facts of the complaint filed against the Op are that the complainant became a Cool Privilege Card Member of Op by paying membership fee of Rs.1,25,000/-. As per the letter of Op dated 14/06/2007 he was entitle for allotment of complementary plot at Coconut Banyana Tree. That he has paid Rs.1,25,000/- on one date, Rs.15,000/-, Rs.40,000/- and Rs.3,000/- on different dates. That Op by entering into a Memorandum of Understanding with Amrutha Estate had floated a scheme for allotment of sites to its member and executed three gift deeds on 08/07/2008, 14/07/2008 and 08/07/2008 in respect of 1089 sq. ft, plot number 266 and also plot No.273 and 205 at Penagonda Taluk for Rs.11,000/- each in respect of each of these gift deeds. That the Op though received Rs.1,83,000/- but the value shown in these three gift deeds come to Rs.33,000/- and therefore has cheated him. Therefore, the conduct of the Op in allotting plots worth Rs.33,000/- as against receipt of Rs.1,83,000/- is nothing but a cheating amounts to deficiency in service and therefore has prayed for directing the Op to refund Rs.1,83,000/- with interest @ 18% p.a and also to award damages of Rs.50,000/-.<br /> <br /> Op has appeared through his advocate and filed version contending that the complaint is not maintainable and further stated that the complainant has become a Mr Cool category member by paying membership fee of Rs.1,25,000/- and denied receipt of Rs.45,000/- and Rs.30,000/- towards membership fee. Op has further stated after payment of Rs.1,25,000/-, the complainant has paid the remaining amount towards registration charges and maintenances of complementary plots and no consideration is paid for allotment of complementary sites. Therefore, the Op further contending that since complementary sites are already allotted and registered in the name complainant by way of gift deeds there is any deficiency caused to the complainant and further denying that any deficiency is caused to the complainant as a member of the club further contended that cancellation of gift deeds cannot be done by this forum and until they are cancelled has prayed for dismissal of the complaint.<br /> <br /> In the course of enquiry into the complaint, the complainant and one Vijay D.P for Op have filed their affidavit evidence. The complainant along with the complaint has produced a copy of a receipt for having paid Mr. Cool Card Membership fee, then copies of receipts for having paid Rs.15,000/- and another Rs.40,000/- towards registration charges and maintenance charges. Complainant has also produced copies of gift deeds with a copy of legal notice. Op has not produced any documents. We have heard the counsel for both parties and perused the records.<br /> <br /> On consideration of the materials placed above, following points for determination arise.<br /> <br /> 1. Whether the complainant proves that the Op has caused deficiency in his service in executing gift deeds in respect of complementary sites worth Rs.33,000/- as against receipt of Rs.1,83,000/-.<br /> 2. To what relief the complainant is entitled to?<br /> <br /> Point No.1 : In the negative.<br /> Point No.2 : See the final order.<br /> <br /> Answer on point No.1:<br /> <br /> As could be noticed from the complainant allegations, complainant himself has admitted that he became Mr. Privilege Cool Card Member by paying membership fee of Rs.1,25,000/-. Therefore, it is clear that Rs.1,25,000/- paid by the complainant to Op is membership fee and not the cost of the plot/plots. He has also admitted on his becoming a member of Op club he became entitle for a complementary plot at Coconut Banyan Tree. He has also admitted that three plots are allotted and gifted to him and three registered gift deeds showing the value of those plots at Rs.11,000/- each are registered in his name. The receipts he has produced towards payments of Rs.15,000/- and Rs.40,000/- clearly speak on their face that those amounts were paid by the complainant not towards membership fee but towards charges for stamp duty and registration expenses. The complainant has not denied the purpose for which these payments were made under these receipts. Therefore, we find no substance in the contention of the complainant that the Op has gifted plots worth Rs.33,000/- against the payment of Rs.1,83,000/- received by them. On these facts it is clear that the sites gifted to the complainant are not gifted for consideration of Rs.1,83,000/- but are gifted as complementary to the Cool Card Member.<br /> <br /> The complainant has not complained anything of any deficiency caused to him by the Op and suffered by him in connection with extension of facilities as member of the Op club. Thus the complainant has not asked for cancellation of his membership on that ground and for repayment of his membership fee. That payments made by him to the Op other than Rs.1,25,000/- was towards stamp duty and registration charges accordingly gift deeds are executed and registered and as rightly pointed out by the Op that cannot be cancelled. Hence the complainant is not entitle for refund of any money as such the complainant in our view has failed to prove any deficiency in the service of the Op. We find no merits in the complaint and therefore, we answer point No.1 in the negative and pass the following order.<br /> <br /> O R D E R<br /> <br /> Complaint is dismissed. Parties to bear their own cost.<br /> <br /> Dictated to the Stenographer. Got it transcribed and corrected. Pronounced in the Open forum on this the 21st July 2010.<br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />