COMPLAINT FILED:20.11.2010
DISPOSED ON:07.10.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
7th DAY OF OCTOBER-2011
PRESENT :- SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.2618/2010
Complainant | B.S.Shivakalpana Kumara S/o late Basappa, Aged about 46 years, No.477, BHEL Layout, IInd Stage Extension, 60ft Road, Pattanagere, Rajarajeshwari Nagar. Advocate :T.R.Rajeshwari. V/s. |
OPPOSITE PARTY | The Managing Director, The Country Club (India Ltd, No.273, 1st Main Road, Defence Colony, HAL 2nd Stage, Bangalore-560 038. Advocate:G.A.Gopi. |
O R D E R
SMT. M. YASHODHAMMA, MEMBER
1. This is a complaint filed u/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction against the Opposite Parties to refund Rs.1,19,998/- which is inclusive of membership fees, registration and maintenance expenses, stamp duty, along with interest at 18% p.a. and compensation of Rs.2 lakhs on the allegations of deficiency in service on the part of the OP.
2. The brief averments made in the complaint are as follows:
Attracted by the advertisement made by OP. Complainant became the member of the OP-Club. OP offered membership for Rs.99,000/- and other offers such as direct access to 16 own properties in India and 220 affiliates across the globe, 1089 sq.ft of land free at coconut grove sira, free insurance worth of Rs.6 Lakhs, free stay at Goa, etc. Complainant paid Rs.99,000/- towards membership fees and Rs.20,998/- towards maintenance and registration expenses on different dates through cheques starting from 15.14.2006 to 08.12.2007. OP accepted the membership of the complainant and issued Cool Card membership bearing No.Cool CG 2507. OP has also issued receipts acknowledging the receipt of amount. Though OP has received the amount towards registration and maintenance charges in the year 2006-07 itself in respect of site No.135 in Phase II extension in coconut grove failed to show the location for identification of site. In spite of repeated requests OP failed to show the title deeds and sanctioned plan pertaining to the site. OP also failed to furnish the insurance policy particulars. On 04.08.2010 complainant got issued legal notice calling upon OP to refund the amount paid along with interest at 24% p.a. In spite of service of notice there was no response. Hence complainant felt deficiency in service against OP. Under the circumstances, he is advised to file this complaint against OP for the necessary relief.
3. On appearance OP filed the version admitting payment of only Rs.99,000/- towards membership fees by the complainant. It is contended by the Op that complainant has produced the receipt standing in the name of some other person and shown the same payment twice. Every member has to deposit the annual administration charges which include taxes payable to the government. OP has already executed a registered gift deed in the name of the complainant vide gift deed dt.01.11.2008. Complainant cannot seek for refund of amount without seeking for cancellation of registered documents. Forum has no jurisdiction to order for cancellation of registered documents. Complaint is filed after lapse of more than 3 years from the date of registration of gift deed. No consideration is paid for allotment of complimentary plot. Hence, complainant is not a consumer. Membership fees paid is non refundable. There is no deficiency of service on the part of OP. Among other grounds OP prayed for dismissal of the complaint.
4. To substantiate the complaint averments complainant filed his affidavit evidence and produced copy of the brochure. Receipt dt.14.04.2006 for a sum of Rs.99,000/-. Three receipts dt.09.10.2006, 08.12.2007,07.08.2006 for a sum of Rs.3,666/-, each receipt dt.03.10.2006 for a sum of Rs.10,000/-. Congratulation letter of OP dt.24.05.2006, copy fo the legal notice, maintenance charges bill, postal receipt and acknowledgment card. On behalf of OP Venkatesh Verma.C Assistant Administrative Manager filed affidavit in support of the defence version. OP has not produced any documents.
5. Complainant filed written arguments. Heard arguments from complainant side and taken as heard from OP side.
6. In view of the above said facts, the points now that arises for our consideration in this complaint are as under:
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 now claimed?
Point No.3:- To what Order?
7. 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
At the outset it is not in dispute that the complainant became the member of the OP club by paying a sum of Rs.99,000/- towards membership fees and Rs.20,996/- towards administration, registration and stamp expenses. We have perused the receipts issued by OP dt.14.04.2006 for a sum of Rs.99,000/- three receipts dt.09.10.2006, 07.08.2006 and 08.12.2007 for a sum of Rs.3,666/- each and receipt dt.03.10.2006 for sum of Rs.10,000/-, paid towards administration, maintenance and registration expenses. In all complainant has paid Rs.1,19,998/- towards membership fees as well as registration and maintenance expenses. OP accepted the membership of the complainant and issued cool privilege card bearing No.COOl CG 2507. OP failed to show the location of the site and necessary documents to the complainant in spite of repeated requests. OP also failed to provide the policy particulars as promised. Hence complainant got issued legal notice on 04.08.2010 calling upon OP to refund the amount along with interest at 24% p.a. In spite of service of notice there was no response. Hence complainant approached this Forum.
7. As against the case of the complainant the defence of the OP that it has already executed registered gift deed dt.01.11.2008 in favour of the complainant, hence, complaint filed after lapse of more than 3 years is not maintainable. In support of this defence OP has not produced any documents such as copy of the gift deed, copy of the letter etc. Hence we are unable to accept the defence of the Op that it has already executed registered gift deed infavour of the complainant. Further no where it is mentioned in the version that what is the site number, Where exactly the said site is situated, copy of the allotment letter etc. In the absence of any documents regarding formation of any duly approved layout, conversion order of the land and title deeds to prove the facts that the site stated to have been given under registered gift deed is situated within the approved layout, we are of the view that OP failed to allot and register the complimentary sites and provide the assured services to the complainant.
8. Further the defence of OP is that complainant has produced the receipts standing in the name of some other person. There is no basis for this defence. We have perused the receipts produced by the complainant. All four receipts are issued by OP to the complainant, on different dates. OP went to the extent of denying its own receipts. Admission of payment of only Rs.99,000/- is not correct. As per the receipts issued by OP complainant has paid Rs.99,000/- towards membership fees and Rs.20,998/- towards administration, maintenance and registration expenses. Further the defence of OP that complainant is not a consumer and amount paid is non refundable has no basis. Op has not produced any material to show that the benefits which were assured at the time of taking the membership of the complainant were provided to him. If OP is aware of the fact that it could not allot and register the complimentary plot infavour of the complainant, it could have fairly refunded the amount to the complainant. Retention of amount for more than four years without responding to the legal notice failure to provide services assured amounts to deficiency in service on the part of OP. We are satisfied that complainant is able to prove the deficiency in service on the part of OP. Under the circumstances we are of the considered view that complainant is entitled for refund of amount paid along with interest at 12% p.a. as compensation and litigation costs of Rs.2,000/-.Accordingly, we proceed to pass the following:
O R D E R
The complaint is allowed in part.
OP is directed to refund an amount of Rs.1,19,998/- with interest at 12% p.a. from the date of respective date of payments till the date of realization and pay litigation costs of Rs.2,000/- to the complainant
This order is to be complied within four 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 him verified and corrected, and then pronounced in the Open Court by us on this the 7th day of October 2011.)
MEMBER MEMBER PRESIDENT
CS.
COMPLAINT FILED:20.11.2010
DISPOSED ON:07.10.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
7th DAY OF OCTOBER-2011
PRESENT :- SRI. B.S. REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.2618/2010
Complainant | B.S.Shivakalpana Kumara S/o late Basappa, Aged about 46 years, No.477, BHEL Layout, IInd Stage Extension, 60ft Road, Pattanagere, Rajarajeshwari Nagar. Advocate :T.R.Rajeshwari. V/s. |
OPPOSITE PARTY | The Managing Director, The Country Club (India Ltd, No.273, 1st Main Road, Defence Colony, HAL 2nd Stage, Bangalore-560 038. Advocate:G.A.Gopi. |
O R D E R
SMT. M. YASHODHAMMA, MEMBER
1. This is a complaint filed u/s. 12 of the Consumer Protection Act of 1986 by the complainant seeking direction against the Opposite Parties to refund Rs.1,19,998/- which is inclusive of membership fees, registration and maintenance expenses, stamp duty, along with interest at 18% p.a. and compensation of Rs.2 lakhs on the allegations of deficiency in service on the part of the OP.
2. The brief averments made in the complaint are as follows:
Attracted by the advertisement made by OP. Complainant became the member of the OP-Club. OP offered membership for Rs.99,000/- and other offers such as direct access to 16 own properties in India and 220 affiliates across the globe, 1089 sq.ft of land free at coconut grove sira, free insurance worth of Rs.6 Lakhs, free stay at Goa, etc. Complainant paid Rs.99,000/- towards membership fees and Rs.20,998/- towards maintenance and registration expenses on different dates through cheques starting from 15.14.2006 to 08.12.2007. OP accepted the membership of the complainant and issued Cool Card membership bearing No.Cool CG 2507. OP has also issued receipts acknowledging the receipt of amount. Though OP has received the amount towards registration and maintenance charges in the year 2006-07 itself in respect of site No.135 in Phase II extension in coconut grove failed to show the location for identification of site. In spite of repeated requests OP failed to show the title deeds and sanctioned plan pertaining to the site. OP also failed to furnish the insurance policy particulars. On 04.08.2010 complainant got issued legal notice calling upon OP to refund the amount paid along with interest at 24% p.a. In spite of service of notice there was no response. Hence complainant felt deficiency in service against OP. Under the circumstances, he is advised to file this complaint against OP for the necessary relief.
3. On appearance OP filed the version admitting payment of only Rs.99,000/- towards membership fees by the complainant. It is contended by the Op that complainant has produced the receipt standing in the name of some other person and shown the same payment twice. Every member has to deposit the annual administration charges which include taxes payable to the government. OP has already executed a registered gift deed in the name of the complainant vide gift deed dt.01.11.2008. Complainant cannot seek for refund of amount without seeking for cancellation of registered documents. Forum has no jurisdiction to order for cancellation of registered documents. Complaint is filed after lapse of more than 3 years from the date of registration of gift deed. No consideration is paid for allotment of complimentary plot. Hence, complainant is not a consumer. Membership fees paid is non refundable. There is no deficiency of service on the part of OP. Among other grounds OP prayed for dismissal of the complaint.
4. To substantiate the complaint averments complainant filed his affidavit evidence and produced copy of the brochure. Receipt dt.14.04.2006 for a sum of Rs.99,000/-. Three receipts dt.09.10.2006, 08.12.2007,07.08.2006 for a sum of Rs.3,666/-, each receipt dt.03.10.2006 for a sum of Rs.10,000/-. Congratulation letter of OP dt.24.05.2006, copy fo the legal notice, maintenance charges bill, postal receipt and acknowledgment card. On behalf of OP Venkatesh Verma.C Assistant Administrative Manager filed affidavit in support of the defence version. OP has not produced any documents.
5. Complainant filed written arguments. Heard arguments from complainant side and taken as heard from OP side.
6. In view of the above said facts, the points now that arises for our consideration in this complaint are as under:
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 now claimed?
Point No.3:- To what Order?
7. 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
At the outset it is not in dispute that the complainant became the member of the OP club by paying a sum of Rs.99,000/- towards membership fees and Rs.20,996/- towards administration, registration and stamp expenses. We have perused the receipts issued by OP dt.14.04.2006 for a sum of Rs.99,000/- three receipts dt.09.10.2006, 07.08.2006 and 08.12.2007 for a sum of Rs.3,666/- each and receipt dt.03.10.2006 for sum of Rs.10,000/-, paid towards administration, maintenance and registration expenses. In all complainant has paid Rs.1,19,998/- towards membership fees as well as registration and maintenance expenses. OP accepted the membership of the complainant and issued cool privilege card bearing No.COOl CG 2507. OP failed to show the location of the site and necessary documents to the complainant in spite of repeated requests. OP also failed to provide the policy particulars as promised. Hence complainant got issued legal notice on 04.08.2010 calling upon OP to refund the amount along with interest at 24% p.a. In spite of service of notice there was no response. Hence complainant approached this Forum.
7. As against the case of the complainant the defence of the OP that it has already executed registered gift deed dt.01.11.2008 in favour of the complainant, hence, complaint filed after lapse of more than 3 years is not maintainable. In support of this defence OP has not produced any documents such as copy of the gift deed, copy of the letter etc. Hence we are unable to accept the defence of the Op that it has already executed registered gift deed infavour of the complainant. Further no where it is mentioned in the version that what is the site number, Where exactly the said site is situated, copy of the allotment letter etc. In the absence of any documents regarding formation of any duly approved layout, conversion order of the land and title deeds to prove the facts that the site stated to have been given under registered gift deed is situated within the approved layout, we are of the view that OP failed to allot and register the complimentary sites and provide the assured services to the complainant.
8. Further the defence of OP is that complainant has produced the receipts standing in the name of some other person. There is no basis for this defence. We have perused the receipts produced by the complainant. All four receipts are issued by OP to the complainant, on different dates. OP went to the extent of denying its own receipts. Admission of payment of only Rs.99,000/- is not correct. As per the receipts issued by OP complainant has paid Rs.99,000/- towards membership fees and Rs.20,998/- towards administration, maintenance and registration expenses. Further the defence of OP that complainant is not a consumer and amount paid is non refundable has no basis. Op has not produced any material to show that the benefits which were assured at the time of taking the membership of the complainant were provided to him. If OP is aware of the fact that it could not allot and register the complimentary plot infavour of the complainant, it could have fairly refunded the amount to the complainant. Retention of amount for more than four years without responding to the legal notice failure to provide services assured amounts to deficiency in service on the part of OP. We are satisfied that complainant is able to prove the deficiency in service on the part of OP. Under the circumstances we are of the considered view that complainant is entitled for refund of amount paid along with interest at 12% p.a. as compensation and litigation costs of Rs.2,000/-.Accordingly, we proceed to pass the following:
O R D E R
The complaint is allowed in part.
OP is directed to refund an amount of Rs.1,19,998/- with interest at 12% p.a. from the date of respective date of payments till the date of realization and pay litigation costs of Rs.2,000/- to the complainant
This order is to be complied within four 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 him verified and corrected, and then pronounced in the Open Court by us on this the 7th day of October 2011.)
MEMBER MEMBER PRESIDENT
CS.
