| ORDER | COMPLAINT FILED:02.12.2010 DISPOSED ON:03.09.2011 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) 3rd DAY OF SEPTEMBER-2011 PRESENT :- SRI. B.S. REDDY PRESIDENT SMT. M. YASHODHAMMA MEMBER SRI. A. MUNIYAPPA MEMBER COMPLAINT NO.2767/2010 Complainant | H.G.Vijayaragava Reddy S/o late H.N.Gurumurthy Reddy, R/at No.12, 5th Cross, Lakshmi Layout, Munnekolal, Marathahalli, Bangaloe-560 037. Advocate: Sri.Pradeep Naik K.B.S V/s. | OPPOSITE PARTY | The Manager, Country Club(India Ltd), No.847/1, 100 feet Road, Adjacent to Indira Nagar Post Office, Indira Nagar, Umar Road, Bangalore-560 038. Advocate:Sri.G.A.Gopi, | | |
O R D E R Sri.B.S.REDDY,PRESIDENT 1. The complainant filed this complaint Under Section 12 of the Consumer Protection Act 1986 seeking direction against the opposite party (herein after refer to as OP) to refund an amount of Rs.90,000/- with interest at 18% p.a and to pay compensation of Rs.10,000/- on the allegation of deficiency in service. 2. The case of the complainants to be stated in brief is that: The complainant became a member of OP in number COOL CG 6828. As per the offers given by the OP to allot a plot at coconut groove to its members and insisted the complainant to invest on it and assured that it will allot a plot and the cost of the same including registration charges is at Rs.1,35,000/-. The complainant made initial payment of Rs.20,000/- on 18.03.2005 and further payment of Rs.40,000/- on 13.01.2007 and on 23.06.2007, he also made payment of Rs.30,000/- with a hope that OP is going to allot the plot to the complainant and the total payment made by the complainant is at Rs.90,000/-. The complainant demanded to show and allot the plots, he is ready to pay the remaining amount if OP is ready to register the plot. The OP went on postponing the allotment of plot on one or the other reasons. The complainant submits that some of the members of the OP club approached the jurisdictional police with complaints and OP agreed to settle the amount. The complainant had also given request representation on 04.08.2009 with a request to refund his amount of Rs.90,000/-. OP assured to settle the amount within a week but failed to do so even after a month. The legal notice dt.11.09.2009 was issued to OP to refund the amount with interest at 18% p.a., OP replied the notice denying the averments made in the notice and stating that the site No.323, has been allotted in the name of the complainant vide allotment letter dt.25.09.2009 with a direction to pay a sum of Rs.15,000/- within 30 days. The complainant issued rejoinder with a reply notice on 21,10,2009 and demanded to refund the amount OP failed to repay the same. The complainant felt deficiency in service on the part of the OP and filed this complaint. 3. On appearance, OP filed version contending that no consideration has been collected for the allotment of the complimentary plot and the complainant to bear only the registration and maintenance charges. When the complainant has not paid any consideration he is not a consumer under the Consumer Protection Act. The complainant in all had to deposit a sum of Rs.1,15,000/- after he had upgraded his pay membership to COOL CG 6828, from BLGCP Scheme, out of which he has paid Rs.90,000/- and he is still due for a sum of Rs.25,000/-. The complainant is entitled for complimentary plot only on payment of full membership fee. OP has issued an allotment letter in favour of the complainant allotting a complimentary plot bearing No.323, situated at Phase XVII, Coconut Grove in favour of the complainant. The complainant was asked to deposit membership fee and registration and maintenance charges of Rs.15,000/- towards the plot allotted for the membership. The complainant has not deposited the amount since the said amount is not deposited, Op could not register the allotted site in favour of the complainant. Now OP is ready to register a complimentary plot at Phase XV extension situated at Rathnasandra Village, Sira Taluk, Tumkur District. All the plans and conversion has been obtained by the OP and OP is earmarking a site in the layout in favour of the complainant. The membership fee paid is not refundable. There is no deficiency of service on the part of the OP. The refund of the entire amount cannot be granted, since OP has provided all the services for which the complainant has deposited the membership fee. Only a direction to provide complimentary plot could be ordered as per the terms and conditions of the membership. The complainant never requested for showing the complimentary plot, the location of which had already been informed to the complainant at the time of becoming a member. The documents pertaining to the plots were always at the office of the OP, as such the question of complainant requesting for showing the complimentary plots does not arise at all. The complainant in spite of repeated requests and reminders has not deposited the registration charges and balance towards membership fee. Hence, it is prayed to dismiss the complaint with exemplary costs. 4. The complainant in order to substantiate the complaint averments filed affidavit evidence. The Assistant Administrative Manager of OP filed affidavit evidence in support of the defence version. 5. Arguments on both sides heard. Points for consideration are: Point No.1:- Whether the complainant has proved the deficiency in service on the part of the OP? Point No.2:- If so, whether the complainant is entitled for the relief’s claimed? Point No.3:- To what Order? 6. We record our findings on the above points: Point No.1:- In Affirmative. Point No.2:- Affirmative in part. Point No.3:- As per final Order. R E A S O N S 7. At the out set, it is not in dispute that the complainant became a member of OP in COOL CG 6828. The initial payment of Rs.20,000/- was paid by the complainant on 18.03.2005 towards membership fee and OP has issued the receipt acknowledging the receipt of the same. Further payment of Rs.40,000/- was made on 13.01.2007 and sum of Rs.30,000/- was paid on 23.06.2007. OP has issued the receipts acknowledging the receipt of the amounts. The main grievances of the complainant is at the time of becoming the member, OP assured to allot a plot at Coconut Groove and insisted the complainant to invest on that plot, a total amount of Rs.1,35,000/-. Out of that he had totally paid Rs.90,000/- but OP failed to allot any site as assured, the location of the site and the documents regarding title and layout formation conversion order were not at all furnished. The complainant was prepared to pay the balance membership amount, if the OP is ready to register the plot. Thus the complainant demanded for refund of the amount and submitted request representation on 04.08.2009. OP failed to refund that amount. For the legal notice OP had sent reply on 21.10.2009, along with that reply the copy of the allotment letter of site No.323 Phase XVII Coconut Groove was sent to the complainant. The complainant had issued rejoinder for the said reply on 30.10.2009 demanding to refund the amount. 8. It may be noted that OP has not at all produced any documents like title deed in respect of the land where layout named as Coconut Groove Phase XVII is formed, there is no conversion order approved layout plan in respect of the same. Though in the version at para-8, it is stated that now OP is ready to register a complementary plot at Phase XV extension situated at Rathnasandra Village, Sira Taluk, Tumkur District, OP is earmarking a site in the said layout, the copies of conversion order sanction plan and MOU are produced at Annexure-B but in fact OP has not produced any documents. Only after issuing legal notice, OP has prepared an allotment letter in respect of site No.323 and copy of that allotment letter was sent with reply notice to the complainant. There is no material to show that the allotment letter has been issued to the complainant. Now the site No.323 is not available OP intends to allot another site at Phase-XV but no documents are produced with regard to said layout like conversion order and sanction plan. Therefore, we are unable to accept that OP is ready to register a site at Phase-XV as a complimentary plot to fulfill its obligation. The complainant was prepared to pay the balance amount of Rs.25,000/- provided OP has furnished the required documents regarding the title, formation of layout and conversion order. Merely because the balance amount was not paid by the complainant OP is not justified in not furnishing the required documents regarding the title of the property, conversion order and approved layout to know the location of the site. The complainant became the member of OP only because OP offered to allot a complementary plot. Therefore, it is not open for the OP to contend that the complainant is not a consumer as no consideration is paid for the complimentary plot. The membership fee paid includes the consideration charged for the complimentary plot and also for the services to be rendered by OP. There is no merit in the contention that membership fee is nonrefundable. When OP is unable to form any layout and allot a site as per the assurance given at the time of receiving the membership fee, it would have been fair enough on its part to refund the amount received. As on 04.08.2009 when the complainant had submitted the request form for refund of the amount there was no allotment of a site. On the said request form an endorsement has been made by OP stating that within a week they will give a call. The complainant has not received any response from the OP, then legal notice was issued demanding for refund of the amount. The act of OP in not forming any layout and allotting a complimentary plot as assured or refunding the amount received, amounts to deficiency in service on the part of OP. The complainant is entitled for refund of the amount with interest at 12% p.a. from the respective date of payment as compensation along with litigation cost of Rs.2,000/-. Accordingly, we proceed to pass the following: O R D E R The complaint filed by the complainant allowed in part. OP is directed to refund an amount of Rs.90,000/- with interest at 12% p.a. from the respective date of payments till the date of realization and pay litigation cost of Rs.2,000/- to the complainant within 4 weeks from the date of this Order. 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 3rd day of Septermber-2011.) MEMBER MEMBER PRESIDENT Cs. COMPLAINT FILED:02.12.2010 DISPOSED ON:03.09.2011 BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN) 3rd DAY OF SEPTEMBER-2011 PRESENT :- SRI. B.S. REDDY PRESIDENT SMT. M. YASHODHAMMA MEMBER SRI. A. MUNIYAPPA MEMBER COMPLAINT NO.2767/2010 Complainant | H.G.Vijayaragava Reddy S/o late H.N.Gurumurthy Reddy, R/at No.12, 5th Cross, Lakshmi Layout, Munnekolal, Marathahalli, Bangaloe-560 037. Advocate: Sri.Pradeep Naik K.B.S V/s. | OPPOSITE PARTY | The Manager, Country Club(India Ltd), No.847/1, 100 feet Road, Adjacent to Indira Nagar Post Office, Indira Nagar, Umar Road, Bangalore-560 038. Advocate:Sri.G.A.Gopi, | | | | O R D E R Sri.B.S.REDDY,PRESIDENT 1. The complainant filed this complaint Under Section 12 of the Consumer Protection Act 1986 seeking direction against the opposite party (herein after refer to as OP) to refund an amount of Rs.90,000/- with interest at 18% p.a and to pay compensation of Rs.10,000/- on the allegation of deficiency in service. 2. The case of the complainants to be stated in brief is that: The complainant became a member of OP in number COOL CG 6828. As per the offers given by the OP to allot a plot at coconut groove to its members and insisted the complainant to invest on it and assured that it will allot a plot and the cost of the same including registration charges is at Rs.1,35,000/-. The complainant made initial payment of Rs.20,000/- on 18.03.2005 and further payment of Rs.40,000/- on 13.01.2007 and on 23.06.2007, he also made payment of Rs.30,000/- with a hope that OP is going to allot the plot to the complainant and the total payment made by the complainant is at Rs.90,000/-. The complainant demanded to show and allot the plots, he is ready to pay the remaining amount if OP is ready to register the plot. The OP went on postponing the allotment of plot on one or the other reasons. The complainant submits that some of the members of the OP club approached the jurisdictional police with complaints and OP agreed to settle the amount. The complainant had also given request representation on 04.08.2009 with a request to refund his amount of Rs.90,000/-. OP assured to settle the amount within a week but failed to do so even after a month. The legal notice dt.11.09.2009 was issued to OP to refund the amount with interest at 18% p.a., OP replied the notice denying the averments made in the notice and stating that the site No.323, has been allotted in the name of the complainant vide allotment letter dt.25.09.2009 with a direction to pay a sum of Rs.15,000/- within 30 days. The complainant issued rejoinder with a reply notice on 21,10,2009 and demanded to refund the amount OP failed to repay the same. The complainant felt deficiency in service on the part of the OP and filed this complaint. 3. On appearance, OP filed version contending that no consideration has been collected for the allotment of the complimentary plot and the complainant to bear only the registration and maintenance charges. When the complainant has not paid any consideration he is not a consumer under the Consumer Protection Act. The complainant in all had to deposit a sum of Rs.1,15,000/- after he had upgraded his pay membership to COOL CG 6828, from BLGCP Scheme, out of which he has paid Rs.90,000/- and he is still due for a sum of Rs.25,000/-. The complainant is entitled for complimentary plot only on payment of full membership fee. OP has issued an allotment letter in favour of the complainant allotting a complimentary plot bearing No.323, situated at Phase XVII, Coconut Grove in favour of the complainant. The complainant was asked to deposit membership fee and registration and maintenance charges of Rs.15,000/- towards the plot allotted for the membership. The complainant has not deposited the amount since the said amount is not deposited, Op could not register the allotted site in favour of the complainant. Now OP is ready to register a complimentary plot at Phase XV extension situated at Rathnasandra Village, Sira Taluk, Tumkur District. All the plans and conversion has been obtained by the OP and OP is earmarking a site in the layout in favour of the complainant. The membership fee paid is not refundable. There is no deficiency of service on the part of the OP. The refund of the entire amount cannot be granted, since OP has provided all the services for which the complainant has deposited the membership fee. Only a direction to provide complimentary plot could be ordered as per the terms and conditions of the membership. The complainant never requested for showing the complimentary plot, the location of which had already been informed to the complainant at the time of becoming a member. The documents pertaining to the plots were always at the office of the OP, as such the question of complainant requesting for showing the complimentary plots does not arise at all. The complainant in spite of repeated requests and reminders has not deposited the registration charges and balance towards membership fee. Hence, it is prayed to dismiss the complaint with exemplary costs. 4. The complainant in order to substantiate the complaint averments filed affidavit evidence. The Assistant Administrative Manager of OP filed affidavit evidence in support of the defence version. 5. Arguments on both sides heard. Points for consideration are: Point No.1:- Whether the complainant has proved the deficiency in service on the part of the OP? Point No.2:- If so, whether the complainant is entitled for the relief’s claimed? Point No.3:- To what Order? 6. We record our findings on the above points: Point No.1:- In Affirmative. Point No.2:- Affirmative in part. Point No.3:- As per final Order. R E A S O N S 7. At the out set, it is not in dispute that the complainant became a member of OP in COOL CG 6828. The initial payment of Rs.20,000/- was paid by the complainant on 18.03.2005 towards membership fee and OP has issued the receipt acknowledging the receipt of the same. Further payment of Rs.40,000/- was made on 13.01.2007 and sum of Rs.30,000/- was paid on 23.06.2007. OP has issued the receipts acknowledging the receipt of the amounts. The main grievances of the complainant is at the time of becoming the member, OP assured to allot a plot at Coconut Groove and insisted the complainant to invest on that plot, a total amount of Rs.1,35,000/-. Out of that he had totally paid Rs.90,000/- but OP failed to allot any site as assured, the location of the site and the documents regarding title and layout formation conversion order were not at all furnished. The complainant was prepared to pay the balance membership amount, if the OP is ready to register the plot. Thus the complainant demanded for refund of the amount and submitted request representation on 04.08.2009. OP failed to refund that amount. For the legal notice OP had sent reply on 21.10.2009, along with that reply the copy of the allotment letter of site No.323 Phase XVII Coconut Groove was sent to the complainant. The complainant had issued rejoinder for the said reply on 30.10.2009 demanding to refund the amount. 8. It may be noted that OP has not at all produced any documents like title deed in respect of the land where layout named as Coconut Groove Phase XVII is formed, there is no conversion order approved layout plan in respect of the same. Though in the version at para-8, it is stated that now OP is ready to register a complementary plot at Phase XV extension situated at Rathnasandra Village, Sira Taluk, Tumkur District, OP is earmarking a site in the said layout, the copies of conversion order sanction plan and MOU are produced at Annexure-B but in fact OP has not produced any documents. Only after issuing legal notice, OP has prepared an allotment letter in respect of site No.323 and copy of that allotment letter was sent with reply notice to the complainant. There is no material to show that the allotment letter has been issued to the complainant. Now the site No.323 is not available OP intends to allot another site at Phase-XV but no documents are produced with regard to said layout like conversion order and sanction plan. Therefore, we are unable to accept that OP is ready to register a site at Phase-XV as a complimentary plot to fulfill its obligation. The complainant was prepared to pay the balance amount of Rs.25,000/- provided OP has furnished the required documents regarding the title, formation of layout and conversion order. Merely because the balance amount was not paid by the complainant OP is not justified in not furnishing the required documents regarding the title of the property, conversion order and approved layout to know the location of the site. The complainant became the member of OP only because OP offered to allot a complementary plot. Therefore, it is not open for the OP to contend that the complainant is not a consumer as no consideration is paid for the complimentary plot. The membership fee paid includes the consideration charged for the complimentary plot and also for the services to be rendered by OP. There is no merit in the contention that membership fee is nonrefundable. When OP is unable to form any layout and allot a site as per the assurance given at the time of receiving the membership fee, it would have been fair enough on its part to refund the amount received. As on 04.08.2009 when the complainant had submitted the request form for refund of the amount there was no allotment of a site. On the said request form an endorsement has been made by OP stating that within a week they will give a call. The complainant has not received any response from the OP, then legal notice was issued demanding for refund of the amount. The act of OP in not forming any layout and allotting a complimentary plot as assured or refunding the amount received, amounts to deficiency in service on the part of OP. The complainant is entitled for refund of the amount with interest at 12% p.a. from the respective date of payment as compensation along with litigation cost of Rs.2,000/-. Accordingly, we proceed to pass the following: O R D E R The complaint filed by the complainant allowed in part. OP is directed to refund an amount of Rs.90,000/- with interest at 12% p.a. from the respective date of payments till the date of realization and pay litigation cost of Rs.2,000/- to the complainant within 4 weeks from the date of this Order. 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 3rd day of Septermber-2011.) MEMBER MEMBER PRESIDENT Cs. |
