O R D E R
SRI.D. KRISHNAPPA, PRESIDENT:
Both these complaints are filed by the complainants against same Op with similar allegations and relief. Therefore are taken together for disposal by a common order to avoid repetition of facts.
2. The grievance of the complainants in these cases are, that Op floated a scheme inviting them to become members of their club offering several incentives through their offering letter dated 06/11/2007 and 17/12/2007 respectively. Therefore, they dreamt to become members to avail the facilities paid Rs.1,25,000/- each towards membership fee on two different dates towards cool card membership. The Op in the offering letter offered to provide sites near Sira, Tumkur District besides other amenities in the layout proposed. Thereafter, Op after receipt of full membership fee failed to respond to them and to show any progress in either formation of layout offering sites and other facilities as promised and stated to have reminded the Op several times but was of no use and thereby referring to the legal notice they got issued have prayed for a direction to the Op to refund membership fee of Rs.1,25,000/- each with interest @ 24% p.a, to award damages at Rs.1.00 lakh each and cost.
3. Op has appeared through his advocate and filed version without disputing that these complainants are the members of their club paid Rs.1,25,000/- each towards membership fee but denied any deficiency in their service. Op admitting to had issued allotment letter to these complainants allotting complementary sites but contended that offering sites is only a complementary, that the complainants have not paid any money for sites and that offer was only as a goodwill gesture and stated that they have formed layout at Coconut Grove Vedic Spa near Penukonda which is 32 to 40 Kms away from Chikkaballapur on the highway and have stated that if the complainants deposit Rs.15,000/- towards registration and maintenance charges, plots will be allotted and registered in their name and thereby has submitted for dismissal of the complaint.
4. In the course of enquiry into the complaint, the complainants have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. The complainants along with complaint have produced copy of offer letter given by the Op, copy of allotment letters and copy of receipts for having paid full membership fee with a copy of legal notices they got issued. Op has not filed his affidavit evidence. Argument is taken as heard.
5. On the above contentions following points for determination arise.
- Whether the complaints prove that Op has caused deficiency in his service in not refunding membership fee for the default in not offering facilities as promised?
- To what relief the complainants are entitled to?
6. Our findings are as under:
Point No.1 : In the affirmative
Point No.2 : See the final order.
REASONS:
7.Answer on point No.1 : As already referred to above, while narrating the facts of this case in brief, we have stated that Op has not denied membership of these complainants in their club and receipt of Rs.1,25,000/- each from each of them towards payment of membership fee. The complainants have produced copy of receipts in proof of payments and also copies of offer letters and allotment letters. All these documents supported by affidavit evidence of the complainants prove that Op inviting these complainants to become cool card members of their club offered sites as incentive which found to be one of the attractions for these complainants to become members of the Op club. The persons who become members of the Op in addition to utilization of these facilities of the club would become entitle for allotment of site as complementary. Therefore, offering to provide sites is nothing but part of membership of the club and it is that facility offer influenced these complainants to become members of Op club. The complainants have also produced allotment letters which disclose that Op had offered to provide sites to them at Coconut Grove at Tumkur Road on Bangalore to Pune National Highway after Tumkur and before Sira. These letters were issued by the Op in the year 2008. The complainants have alleged that thereafter they approached Op several times to provide them facilities as promised but they received no response but the Op turned deaf ear to their request. It is further alleged by the complainants that the Op has not after receipt of monies made any progress in fulfilling his obligation of providing facilities.
8. The Op though in the version has stated as if on the complainants paying Rs.15,000/- each towards registration and development charges they are ready to allot sites, but Op has not placed a scrap of paper to prove that they have moved even an inch in the aspect of formation of layout or even acquisition of land, leave alone allotment of sites and execution of title deed. The Opponent it is found after receipt of huge money during October 2007 has never responded in any way. The Op has not been able to show any progress or development in that regard to show that sites are ready for allotment. Even the legal notices, the complainants got issued never moved Op. The complainants submitted to have not even availed any service of the Op club and thus the Op who has not rendered any service cannot retain their money. Therefore, when the Op received money from the complainants and deprived them of using that money and when has not provided any sort of facilities to them has no right to keep that money with them. The Op has not even chosen to file affidavit evidence to deny the allegations of the complainants. The silence of the Op in not responding to the call of the complainants in our view amounts to deficiency in their service. Therefore, complainants are entitled for the relief and we therefore answer point No.1 in the affirmative and pass the following order.
O R D E R
Complaints are allowed.
Op is directed to pay Rs.1,25,000/- (Rupees One Lakh Twenty Five Thousand only) to each of these complainants with interest @ 16% p.a from the date of respective payments till the date of repayment.
Op is directed to refund that amount to the complainants within 60 days from the date of this order.
Op shall also pay cost of Rs.3,000/-(Rupees Three Thousand only) to each of these complainants.
The original order shall be kept in complaint No:150/2011 and the copy of the same shall be kept in the remaining complaint
