COMPLAINTS FILED ON: 23.12.2009<br /> DISPOSED ON: 27.07.2010 <br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 27TH JULY 2010<br /> <br /> PRESENT:- SRI. B.S. REDDY PRESIDENT<br /> SMT. M. YASHODHAMMA MEMBER<br /> SRI. A. MUNIYAPPA MEMBER <br /> COMPLAINT NOs.3054, 3055, 3056, 3057 & 3058/2009<br /> <br /> COMPLAINT NO.3054/09<br /> COMPLAINANT<br /> <br /> <br /> <br /> Sri. N.Nagaraju,<br /> S/o Late Narasimhaiah,<br /> Aged about 62 years,<br /> R/at No.33/7, 1st Main, <br /> 1st Cross, KHB Colony, <br /> JJR Nagar,<br /> Bangalore – 560 018.<br /> <br /> <br /> COMPLAINT NO.3055/09<br /> COMPLAINANT<br /> <br /> <br /> <br /> <br /> <br /> Sri. N. Krishna,<br /> S/o Late Narasimhaiah,<br /> Aged about 18 years,<br /> R/at No.181-2,<br /> Kothnur Dinne, <br /> J.P.Nagar 8th Phase, <br /> Bangalore – 560 076.<br /> <br /> <br /> COMPLAINT NO.3056/09<br /> COMPLAINANT<br /> <br /> <br /> <br /> <br /> Smt. R. Savithramma,<br /> D/o Sri. Ramanna,<br /> Aged about 42 years,<br /> R/at No.8/11, <br /> 1st Cross, Lakkasandra,<br /> Bangalore – 560 030.<br /> <br /> <br /> <br /> <br /> <br /> COMPLAINT NO.3057/09<br /> COMPLAINANT<br /> <br /> <br /> <br /> Sri. B. Arun Kumar,<br /> D/o Sri. K. Bogi Raju,<br /> Aged about 27 years,<br /> R/at No.33/7, 1st Main,<br /> 1st Cross, KHB Colony,<br /> JJR Nagar,<br /> Bangalore – 560 018.<br /> <br /> COMPLAINT NO.3508/09<br /> COMPLAINANT<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> OPPOSITE PARTIES<br /> <br /> <br /> <br /> <br /> Sri. Narasum Murthy. N.,<br /> S/o Sri. Nagaraju,<br /> Aged about 33 years,<br /> R/at No.33/7, 1st Main,<br /> 1st Cross, KHB Colony,<br /> JJR Nagar,<br /> Bangalore – 560 018.<br /> <br /> Advocate: Sri K.T.GurudevaPrasad<br /> <br /> <br /> V/s.<br /> <br /> <br /> 1. The Managing Director,<br /> M/s Country Club (India) Ltd.,<br /> Registered office at No.8-2-793,<br /> Amrutha Valley Road,<br /> No.12, Banjara Hills,<br /> Hyderabad.<br /> <br /> 2. The Managing Director,<br /> M/s Country Club (India) Ltd.,<br /> No.478, Maha Padma,<br /> 1st Floor, 1st Main,<br /> Indiranagar, 1st Stage,<br /> Bangalore – 560 038.<br /> <br /> Advocate: Sri G.A. Gopi<br /> <br /> O R D E R S<br /> <br /> SRI. B.S.REDDY, PRESIDENT<br /> <br /> The complainants filed these complaints U/s. 12 of the Consumer Protection Act of 1986, seeking direction against Opposite Parties (herein after called as O.Ps) to refund the membership fee and other incidental charges paid with interest at 18% p.a. and for damages of Rs.10,00,000/- in each complaints on an allegations of deficiency in service on the part of the OPs.<br /> <br /> The OPs in all the above complaints are common, the questions involved, relief claimed being the same, in order to avoid the repetition of facts and multiplicity of reasonings, the above cases are stand disposed of by this common order. <br /> <br /> 2. The case of the complainants to be stated in brief is that:<br /> <br /> The complainants became the members of OP by paying membership fee believing the assurance of OPs that they would be allotted complimentary plots located on Bangalore – Hyderabad Highway near Devanahalli Airport and other facilities like access to six country clubs in Bangalore, 220 affiliated clubs and 130 franchises clubs all over India and abroad. Further OP also offered free holiday package of one way flight ticket to Goa with accommodation for couple in country club resort with 6 night 7 days free stay in RGBC resort Goa, apart from that OP also offered 6 months membership to Moksh (Health Spa) which has got club facilities like Swimming Pool, Gym, Billiards, Snooker, Table Tennis, Boating etc., But thereafter some how OPs failed to keep up its promise. For the convenience sake, the card membership, amount paid, membership number noted below in the chart: <br /> <br /> <br /> <br /> Sl. No. Complaint<br /> No. Card member ship Member ship No. Receipt No. and Date Amount claimed Admitted amount <br /> 1 3054/09 Mr. Kool Card Kool 182 60725<br /> 03.12.07<br /> 61742<br /> 20.12.07<br /> Temporary Receipt Dt.20.05.08 Rs. 25,000<br /> <br /> Rs.1,00,000<br /> <br /> <br /> Rs. 20,000<br /> Rs.1,45,000 <br /> <br /> <br /> Rs.1,25,000<br /> 2 3055/09<br /> <br /> <br /> Mr. Cool <br /> Vedic Spa Cool VS 3180 60400<br /> 26.11.07<br /> 61746<br /> 20.12.07 Rs. 25,000<br /> <br /> Rs.1,00,000<br /> Rs.1,25,000 <br /> <br /> <br /> 3 3056/09 Mr. Kool<br /> Card Kool 634 61479<br /> 17.12.07<br /> 222923<br /> 31.12.07 Rs. 25,000<br /> <br /> Rs.1,00,000<br /> Rs.1,25,000 <br /> Rs.1,25,000<br /> 4 3057/09 Mr. Cool<br /> Vedic Spa Cool VS 3182 60398<br /> 26.11.07<br /> 61738<br /> 20.12.07 Rs. 25,000<br /> <br /> Rs.1,00,000<br /> Rs.1,25,000 <br /> Rs.1,25,000<br /> 5 3058/09 Mr. Cool<br /> Vedic Spa Cool VS 3181 60399<br /> 26.11.07<br /> 61427<br /> 15.12.07 Rs. 25,000<br /> <br /> Rs.1,00,000<br /> Rs.1,25,000 <br /> Rs.1,25,000<br /> <br /> OP collected the membership amount and other charges, the complainants received by post gift deeds registered in their favour in respect of the plots situated at Mandali Village and Panchayath within the limits of Penukonda sub district Hindupur. The said sites are situated in Andhra Pradesh which is far away from Bangalore and the said allotment was against to the offer made by the OPs. OPs never disclosed that the sites situated at Hyderabad state would be allotted. Thus the complainants felt deficiency in service on the part of the OPs and filed these complaints for refund of the amounts paid. <br /> <br /> 3. On appearance, OPs filed the version. The main defence is the gift deeds are already executed by allotting the complimentary plots in favour of the complainants; this Forum has no jurisdiction to cancel the registered gift deeds. The complaints are not maintainable. The complainants utilized all the services provide by OPs, they have become the members of OP club for enjoying the facilities provided at OP club and not for the purpose of getting the complimentary sites. The membership fee paid by the complainants is non-refundable, since the membership fee paid would be utilized for development, maintenance and development of clubs and resorts across the country. Allotment of complimentary sites was informed to all the members. It is denied that OPs offered to allot sites at Bangalore – Hyderabad Highway near Devanahalli Airport. The OPs have already allotted and registered plots bearing Nos. 169 and 236 at phase J, situated Mandali Village within the limits of Penukonda Sub District, Hindupur RD, which is in accordance with the terms and conditions contained in the application. There is no deficiency in service on the part of the OP. OP denied the receipt of Rs.20,000/- apart from the membership fee in complaint No.3054/09. OPs are not liable to pay any amount to the complainants. Hence it is prayed to dismiss the complaints with exemplary costs. <br /> <br /> 4. In order to substantiate the complaint averments, each one of these complainants have filed their affidavit evidence and produced documents. The Senior Manager, Customer Care of OP by name Vijay D.P. filed the affidavit evidence in support of the defence version. <br /> <br /> 5. Arguments on both sides heard. Points for consideration are: <br /> <br /> Point No.1:- Whether the complainants have proved <br /> the deficiency in service on the part of<br /> the OPs?<br /> <br /> Point No.2:- If so, whether the complainants are <br /> entitled for the reliefs now claimed?<br /> <br /> Point No.3:- To what Order?<br /> <br /> 6. We have gone through the pleadings of the parties, both affidavit and documentary evidence and the arguments advanced. In view of the reasons given by us in the following paragraphs our findings on:<br /> <br /> Point No.1:- In Affirmative. <br /> <br /> Point No.2:- Affirmative in part. <br /> Point No.3:- As per final Order.<br /> <br /> R E A S O N S<br /> <br /> 7. At the outset it is not at dispute that the complainants became the members of the OPs club and paid the membership fees as shown in the chart noted above. The OPs accepted their membership and allotted membership number. Apart from membership fee of Rs.1,25,000/-; the complainant in complaint No.3054/09 has paid an amount of Rs.20,000/-, in support of the same he has produced the temporary receipt issued by OP. Thus the complainant in the said complaint in all has paid Rs.1,45,000/-. OP is admitting the receipt of Rs.1,25,000/- from each of these complainants towards membership fee. Though OP has denied the receipt of Rs.20,000/- from the complainant in complaint No.3054/09, but the complainant in support of that payment has produced the temporary receipt. Thus OP has received total amount of Rs.1,45,000/- from the complainant in complaint No.3054/09.<br /> <br /> 8. The main grievances of these complaints is that OPs while accepting the membership fee assured to allot complimentary plots on Bangalore – Hyderabad Highway near Devanahalli Airport, but the gift deeds are executed in respect of the sites situated at Mandali Village within the limits of Penukonda Sub District, Hindupur RD. The said sites are situated far away from Bangalore. Thus OPs failed to keep up its assurance; as such there is deficiency in service on the part of the OPs. <br /> <br /> 9. The learned counsel for the OPs contended OPs have not assured to allot the sites near Devanahalli Airport as claimed by the complainants. The complimentary plots are already registered in favour of the complainants, the complainants can approach the Civil Court for cancellation of the gift deeds, this Forum has no jurisdiction to entertain the complaints. In our view after going through the broacher marked as Annexure-A in all these complaints OP has assured that country club banyan tree vedic spa Bangalore – Hyderabad Highway near Devanahalli Airport; all other facilities to be provided to the members is also mentioned in broacher. As per this broacher the complimentary plots near Devanahalli Airport; were assured to be allotted, but the gift deeds are executed in respect of sites situated near Penukonda Andhra Pradesh. Therefore it cannot be said that OP has not assured to allot complimentary plots near Devanahalli Airport. Since OP has failed to keep up its promise of allotting complimentary plots near Devanahalli Airport, the same is nothing but deficiency in service and unfair trade practice on the part of the OP. Merely because the gift deeds are executed by obtaining signatures of the complainants on the form with photos as required u/s 32A of the registration Act and got registered the gift deeds, it cannot be said that this Forum has no jurisdiction to entertain the complaints. OP has not produced any material to show that these complainants have availed other services as assured in the broacher. Strangely enough in all the versions filed it is pleaded by OP that site No.169 and 236 are allotted in favour of these complainants, but the gift deeds reveals some other site numbers. <br /> <br /> 10. There is no merit in the contention that the membership fee paid is non-refundable. OPs failed to provide the services as assured while receiving the membership fee from these complainants; the complainants are entitled for the refund of the amount paid with interest. The gift deeds are not executed by the OP in respect of the sites, but the same are executed one V.S.Jaya Kumar employee of M/s Country Condo’s as a G.P.A. Holder of Amrutha Estates and others. No material is placed as to how the donors on whose behalf gift deeds are executed; are connected with this OP. Further there is no material to hold that OP has acquired any land and formed any sites near Devanahalli Airport for allotting the same in favour of the complainants as assured. Under these circumstances we are of the view that the complainants are entitled for refund of the amounts paid with interest and litigation costs. With these observations we answer point No.1 and 2 accordingly and proceed to pass the following: <br /> <br /> O R D E R<br /> <br /> The complaints are allowed in part.<br /> <br /> 1. In complaint No.3054/2009 OPs are directed to refund an amount of Rs.1,45,000/- together with interest at the rate of 9% p.a. from the date of respective payments, till realization along with litigation cost of Rs.1,000/- to the complainant.<br /> 2. In complaint Nos.3055/09 to 3058/09 OPs are directed to refund an amount of Rs.1,25,000/- together with interest at the rate of 9% p.a. from the respective date of payments, till realization along with litigation cost of Rs.1,000/- to each of the complainants.<br /> <br /> This order is to be complied within four weeks from the date of this order. <br /> <br /> Send the copy of this order to both the parties free of cost.<br /> <br /> This original order shall be kept in the file of the complaint No.3054/2009 and a copy of it shall be placed in other respective files.<br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by him, verified and corrected, and then pronounced in the Open Court by us on this the 27th day of July 2010.) <br /> <br /> <br /> PRESIDENT<br /> <br /> MEMBER MEMBER <br /> <br /> Snm: <br /> <br /> <br />