STATE CONSUMER DISPUTES REDRESSAL COMMISSION OF TELANGANA :
At HYDERABAD
FA 638 of 2014
AGAINST
CC No. 50 of 2011, DISTRICT FORUM III, HYDERABAD
Between :
- The Managing Director,
Country Club ( I ) Ltd
6-3-1219, Begumpet, Hyderabad – 500 016
- The Managing Director,
The Country Club ( Country Vacations)
A Division of Country Club ( I ) Ltd
Dr.No. 3-6-367, 368, 369, 3rd floor
Flat No,. 306, Skill Spectrum Building,
Beside TTD Kalyana Mandapam
Liberty X road, Himayatnagar,
Hyderabad .. Appellants/opposite parties
And
Vetukuri Vijaya Lakshmi,
W/o Srinivasa Prasad Verma,
Aged about 26 years, Occ :not known
R/o Ravulapalem, C/o Avinash Filling Station
( Indian Oil Petrol Bunk),
East Godavari District .. Respondent/complainant
Counsel for the Appellants : M/s. Rajesh Jaiswal
Counsel for the Respondent : M/s. G. Rama Gopal
Coram :
Honble Sri Justice B. N. Rao Nalla … President
And
Sri Patil Vithal Rao … Member
Monday, the Nineteenth Day March
Two Thousand Eighteen
Oral order : ( per Hon’ ble Sri Justice B.N.Rao Nalla, Hon’ble President )
***
1) This is an appeal filed under Section 15 of the Consumer Protection Act by the opposite parties praying this Commission to set aside the impugned order dated 10.10.2013 made in CC 50 of 2011 on the file of the DISTRICT FORUM – III, Hyderabad.
2) For the sake of convenience, the parties are described as arrayed in the complaint before the District Forum.
3). The case of the complainant, in brief, is that she received a telephonic call from Country Club India Ltd. and the Country Club (country vacations). Informing that she was the winner of a draw of lots and was eligible for free gifts and asked her to attend a meeting at Amrutha Castle, Hyderabad on 30.04.2009 to receive the gift. There, she was induced for membership of the Country Club on payment of Rs.85,000/- payable in installments. The Opposite Parties offered a plot of 200 sq.yards in their resort at Yadagiri Gutta as complimentary for joining as a member in the Country Club and if she is not interested in taking the house plot the membership fee shall be returned as and when requested. Accordingly she paid a sum of Rs.2000/- on 30.04.2009 and subsequently a sum of Rs.35,500/- in installments. After the payment of total sum of Rs.45,000/-, when she requested to show the house site, Opposite Parties dodged the issue on one pretext or other and hence she requested the Opposite Parties to pay back the amount paid by her with interest. Hence the to direct the Opposite Parties: to refund Rs.45,000/- with subsequent interest @ 36% p.a. upto September, 2010 i.e., Rs.21,645/- Total Rs.66,645/-, to Pay Compensation of Rs.20,000/- and costs of Rs.3,000/-.
04. The opposite parties opposed the above complaint by way of written version, while admitting that the Complainant paid a sum of Rs.45,500/- on different dates out of the Rs.85,000/- payable towards the membership fee of Country Vacations and she was allotted membership number MLN1797 and an agreement was entered into between the Complainant and Opposite Parties. However the Complainant defaulted in payment of the total amount and since the entire membership fee was not paid by her, the conditions of the agreement are applicable. The Complainant is not a consumer. Since she defaulted in payments, she is not entitled to any membership and is not a member of the Opposite Party and is also not entitled to receive any complimentary gift offered towards the membership. Complainant is not entitled for the refund of Rs.45,500/-. There is no deficiency in service on their part and hence prayed to dismiss the complaint.
5) During the course of enquiry before the District Forum, in order to prove her case, the complainant filed her evidence affidavit and got marked Ex.A1 to A-13 and the Opposite Parties have filed Evidence Affidavit and got marked Ex. B1 to B3. Both parties have filed Written Arguments re-iterating their respective averments. Heard both sides.
6) The District Forum, after considering the material available on record, held and directed the opposite parties jointly and severally liable to pay to the Complainant a sum of Rs.60,000/- towards compensation for the mental agony and anxiety caused to her due to the Unfair Trade Practice of Opposite Parties and also sum of Rs.3,000/- towards costs within 30 days.
7) Aggrieved by the said order, the opposite parties preferred this appeal before this Commission.
8). Both sides have advanced their arguments reiterating the contents in the appeal grounds, rebuttal thereof along with written arguments of the respondent /complainant. Heard both sides.
9) The points that arise for consideration are,
(i) Whether the impugned order as passed by the District Forum suffers from any error or irregularity or whether it is liable to be set aside, modified or interfered with, in any manner?
(ii) To what relief ?
10). Point No.1 :
There is no dispute that the respondent/complainant has paid an amount of Rs.45,500/-in installments towards the membership of appellants/Country Club (India) Ltd., out of the total consideration of Rs.85,000/-.
11). The contention of the respondent/complainant is that the appellant Country club offered a complimentary plot of Rs.200 sq. yards in their resort at Yadagiri Gutta, but, when she requested to show the house site, they dodged the matter.
12). On the other hand, the appellants/country Club rebutted the same contending that since respondent/complainant defaulted in payments and did not pay the entire amount of total membership, she is not entitled to any membership and is not a member of the Opposite Party and hence she is not entitled to receive any complimentary gift offered. In support of their contention, they relied on Ex. B2, dated 17.04.2009, wherein, it was stated that “ the plot of 150 sq. yards at their Venture ‘ Fairway Extn., Wanaparty would be registered in her favour within 18 months from the date of fulfillment of membership fee, completion of legal formalities and development of the project subject to full payment of the registration and development charges of Rs.20,000/- in favour of their sister concern “ M/s. Amrutha Estates ”.
13). The District Forum observed that after inviting the respondent/ complainant that she won free gift, she was lured to take membership of the club forcibly without giving an opportunity to think over it and to inspect physically. Hence the same attracts Unfair Trade Practice U/s. 2(1) ( r ) of C. P. Act entitling the complainant to an amount of Rs.60,000/- towards compensation and costs of Rs.3,000/-.
14). Counsel for the appellants/Country club argued that the District Forum failed to consider that the respondent/complainant failed to pay the balance amount of Rs.39,500/- out of Rs.85,000/- towards membership fee which is not refundable and also ordered to pay Rs.60,000/- towards compensation, without any basis, though, the respondent sought only Rs.20,000/- in her complaint. Admittedly, the respondent/complainant did not pay the balance amount of Rs.35,000/- out of the entire amount of Rs.85,000/- towards membership and hence she is not entitled either to membership of the appellants club or the complimentary plot as promised in view of Ex. B2. As per Ex. B2, dated 17.04.2009, the plot in question would be registered within 18 months after full payment and registration charges of Rs.20,000/- after completion of legal formalities. The respondent/complainant is attributing that she was not shown the plot in question. The respondent/complainant signed the application on 21.04.2009 and filed the complaint before the District Forum on 22.10.2010 and further she did not pay the balance amount of Rs.35,000/-. In those aspects, we cannot find fault with the appellants Country Club and attribute any deficiency in service on their part in that aspect.
15) Counsel for the respondent/complainant further argued that after payment of Rs.45,500/- the appellants club failed to show the lay out in spite of repeated requests and visits to their office. On the other hand, the appellants’ Country club rebutting that they are ready to register the plot as per Ex. B2.
15). After considering the foregoing facts and circumstances and also having regard to the contentions raised on both sides, we are of the view that the appellants’ club may be directed to refund the amount of Rs.45,500/- paid by the respondent/complainant with interest @ 9% pa from the date of last payment of installment, i.e, 26.11.2009, to pay compensation of Rs.10,000/- and costs of Rs.2,000/- .
16). Point No. 2 :
In the result, the appeal is dismissed directing the appellants’ Club to refund an amount of Rs.45,500/- paid by the respondent/complainant with interest @ 9% pa from the date of last payment of installment, i.e, 26.11.2009, to pay compensation of Rs.10,000/- and costs of Rs.2,000/- to the respondent/ complainant. Time for compliance four weeks.
PRESIDENT MEMBER Dated : 19.03.2018.
