Date of Filing: 01-6-2018
Date of Order:12 -3-2020
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM – I, HYDERABAD
P r e s e n t
HON’BLE Sri P.VIJENDER, B.Sc. L.L.B., PRESIDENT
HON’BLE Sri K.RAM MOHAN, B.Sc. M.A L.L.B., MALE MEMBER
HON’BLE Smt. CH. LAKSHMI PRASANNA, B.Sc. LLM.,(PGD (ADR) LADY MEMBER
Thursday, the 12th day of March, 2020
C.C.No.243 /2018
Between
Mrs. Surekha Singh W/o.Thakur Nandan Singh
Aged about: 45 years, Occ: House wife,
R/o.H.No.3-5-71, Flat No.102,
Raj Mohalla, Narayanaguda,
Ramkote, Hyderabad – 500027
Rep. by her GPA holder Mr.Anil Singh ……Complainant
And
- M/s. Country club Vacations,
Rep. by its Chairman MD
Office at: Asian Building, 4th floor
Country Club, Begumpet,
Secunderabad – 500016
- M/s. Country Club Vacations
Rep. by its Chairman MD
A Division of Country Club Hospitality &
Holidays Ltd
Office at: Amrutha Castle,
5-9-16, Saifabad, Hyderabad - 500063 ….Opposite Parties
Counsel for the complainant : Smt.Madhumathi
Counsel for the opposite Parties : Mr.V.Srinivasa Rao
O R D E R
(By Sri P. Vijender, B.Sc., LL.B., President on behalf of the bench)
This complaint is preferred under Section 12 of C.P. Act 1986 alleging unfair trade practice on the part of the opposite parties and sought for refund of the amount paid towards membership fee and cost of the plot agreed to be registered infavour of the complainant and compensation for causing inconvenience etc.
- The complaint averments in brief are that the complainant having believed the version of the staff of the opposite parties No.1&2 with regard to facilities and allotment of a plot in case of taking membership in the club agreed to become a member and entered into an agreement on 31-5-2011 for the purchase of plot and membership in the opposite party club for a total sum of Rs.1,35,000/-. She paid cash of Rs.25,000/- on 2-6-2011 and further amounts through bank transfer which are acknowledged by separate receipts. Subsequently complainant learnt that the plots offered by the opposite parties are not developed and the other promises made are all false hence she decided to cancel the membership and purchase agreement and approached the opposite parties for the same. The staff of opposite parties convinced the complainant that if she can introduce another person as member the plot will be registered to her. Believing the same the complainant introduced her sister to become a member on 7-8-2012 by paying onetime payment of Rs.60,000/. But even then also the opposite party did not execute the sale deed for the plot in favour of the complainant . Hence she sought for cancellation of the sale agreement of herself and her sister and visited the opposite parties office several times with requests either to register the plots or return the amount’s paid. The opposite parties having agreed to register the plots dodged the issue and refused to refund the amount.
The complainant never utilized the facilities offered by the opposite parties in the club and assurance given to her to waive off the annual maintenance charges for the plots were not materialized. The complainant realized that the opposite parties with an intention to deceive the members made false promises and false presentations which amounts to unfair trade practice. Hence the present complaint for a direction to the opposite parties to refund the entire amount of Rs.1,35,000/- with interest thereon at 18% P.A from the date of payment to the date of realization and a compensation of Rs.2,00,000/- for causing mental agony by not refunding amount at the earliest and cost of legal expenses at Rs.10,000/- .
- The opposite parties while denying the complaint averments in detail contended that no one from their side mis-represented or made false promises to the complainant. The opposite parties got a hospitality for providing health club, Multi-cuisine restaurants, business centers and other related activities, apart from entertainment programmes etc on various occasions. The complainant after accepting terms and conditions became a member to utilize the club facilities and for allotment of a plot. As per the membership agreement executed by the complainant with the opposite parties the terms and conditions therein are binding on the parties. The complainant having agreed to the terms and conditions of the said agreement signed it. Hence the question of making a false promises or inducing the complainant to become a member does not arise.
The complainant paid a sum of Rs.1,35,000/- to take a club membership on 31-5-2011 and she was allotted membership and also a plot without sale consideration as a complementary and it is subject to payment of registration charges, stamp duty, development charges etc. But the complainant failed to pay registration charges hence registration of the plot infavour of the complainant could not be effected. The complainant by suppressing these facts filed the present complaint. The present complaint is filed on 1-6-2018 whereas the cause of action for filing of the complaint arose on the date of entering into agreement i.e, 31-5-2011 i.e, more than 7 years after the cause of action. Hence it is barred by limitation. The District Consumer Forum cannot admit a complaint unless it is filed within two years from the date on which the cause of action arose and since present complaint is filed more than two years after the cause of action it is liable to be dismissed as barred by limitation.
In the enquiry the complainant got filed her evidence affidavit reiterating the material facts of the complaint and to support the same got exhibited seven (7) documents. For the Opposite Parties evidence affidavit of its legal officer is got filed and through him one (1) document is exhibited. The facts narrated in the evidence affidavits filed for both sides are replica to the complaint and written version filed by the parties. Both sides filed written arguments and made oral submissions.
On a consideration of material available on the record the following points have emerged for consideration :
- Whether the complainant could make out a case of either unfair trade practice or deficiency of service on the part of the opposite party ?
- Whether the present complaint is in limitation?
- Whether the complainant is entitled for the reliefs prayed for
- To what relief?
Point No.1: To maintain a consumer complaint before this Forum the complainant has to plead and prove deficiency of service or unfair trade practice on the part of the opposite parties. It is a clear case of the complainant that she was informed by the staff of the opposite parties about the facilities offered in the club in the event of becoming a member and allotment of a plot in the venture prepared by opposite party and believing the same she stated to have entered into agreement under Ex.B1 and paid a total sum of Rs.1,35,000/-. It is also pleaded by the complainant that having learnt that the plots offered by the opposite party are not in developed area sought for cancellation of the same but she was convinced with the presentation made by the staff of opposite party that in the event of introducing another person as a member plot will be registered. Hence she introduced her sister as a member on 7-8-2012 by paying lumpsum amount of Rs.60,000/-. It is the specific case of opposite party in the written version as well as in the evidence affidavit that allotment of the plot is a complimentary on becoming a member in the club however registration of the plot is subject to payment of development charges, registration charges and other statutory amounts required and the complainant has not come forward to pay the same. Hence plot could not be registered in her favour. This specific version of the opposite party is not denied by the complainant in the evidence affidavit filed for her, hence it amounts to a implied admission of opposite party version that registration of the plot can be effected on payment of development charges and bearing expenses for registration charges and stamp duty etc. It is not the case of the complainant at any point of time that she approached opposite party to pay development charges and bear the stamp duty and registration charges and without offering to pay it she cannot allege that non registration of the plot amounts to unfair trade practice on the part of opposite parties.
Now coming to the aspect of deficiency of service the complainant’s version is she was impressed upon by the staff of the opposite party that in the event of becoming a member she can have the facilities in the club for a period of 5 years and the facilities includes access to events entertainment and amusement facilities and vacation benefits are 6 nights and 7 days stay within India it is valid for 5 years from the date of agreement. If the opposite party denied any all these facilities to the complainant then the complainant can allege that the services promised on becoming a member of the club were not fulfilled. In fact the complainant herself has categorically stated at para 6 of the complaint that she never used any of the membership benefits offered by the opposite party.
The complainant having failed to come forward to avail the facilities offered by the opposite party in the club after became a member cannot allege there is deficiency of service. Nowhere the complainant stated that at any point of time she tried to have an access to event entertainment programme and amusement programme at the opposite party club or to avail holiday facilities offered and having not made any attempt in that regard the complainant cannot say that there is deficiency of service on the part of the opposite party. Thus complainant has miserably failed to make out a case of either unfair trade practice or deficiency of service on the part of the opposite party. Accordingly point is answered.
Point No.2: The opposite party in the written version made a specific plea that this complaint is barred by limitation and infact opposite party filed a separate petition in I.A236/2018 under Section 24A of C.P.Act to dismiss the complaint on the point of limitation. The said petition is coming along with main complaint for adjudication. It is the case of the complainant that she took membership agreement with the opposite party on 31-5-2011 and paid agreed amount of Rs.1,35,000/- so the original cause of action arose for filing of a consumer complaint arose on 31-5-2011. The complainant claim is that she has addressed a letter under Ex.A7 on 8-10-2013 opting for cancel of agreement and refund the amount. As rightly pointed out by the opposite party the Ex.A7 does not contain any acknowledgment from opposite party side evidencing service of this letter of opposite party so as to say that the cause of action continues run for two more than years from the date of serving of Ex.A7 letter. That apart assuming for a moment without admitting that Ex.A7 letter was served on opposite party still the complainant has to bring the complaint within two years from 8-10-2013. But the present complaint was filed on 1-6-2018 i.,e more than 3 years after the expiry of limitation period from 8-9-2013. Thus the complaint is hopelessly barred by limitation. Accordingly point is answered.
Point No.3: In view of the above findings it is to follow that the complainant is not entitled for any of the reliefs prayed for.
Point No.4: In the result, the complaint is dismissed. No order as to costs.
Dictated to steno, transcribed and typed by her, pronounced by us on this the 12th day of March , 2020.
LADY MEMBER MALE MEMBER PRESIDENT
APPENDIX OF EVIDENCE
Witness examined for complainant
Surekha Singh (PW1)
Witness examined for opposite party
M.Prasanna (DW1)
Exs. filed on behalf of the Complainant:
Ex.A1- Original GPA dt.25/5/2018
Ex.A2- copy of work sheet dated 31-05-2011
Ex.A3-copy of purchase agreement
Ex.A4-copy of the letter of complainant dt.31-05-2011
Ex.A5-receipt dated02-6-2011
Ex.A6- Temporary receipt dt.7-8-2012
Ex.A7- cancellation form dt.08-10-2013
Exs. filed on behalf of the Opposite parties
Ex.B1-Club membership purchase agreement
LADY MEMBER MALE MEMBER PRESIDENT
