Complaint filed on: 08.11.2012

                                                      Disposed on: 01.09.2017

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

 1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027       

CC.No.2203/2012

DATED THIS THE 1^ST SEPTEMBER OF 2017

PRESENT

SRI.H.Y.VASANTHKUMAR, PRESIDENT

SRI.D.SURESH, MEMBER

SMT.N.R.ROOPA, MEMBER

Complainant/s: -                           

Sri.Govardhan Sharma,

About 44 years,

R/at G-11/3, G block,

Platinum city,

HMT link road,

Yeshwanthpur,

Bengaluru-22

By Adv.Sri.Bipin Hegde

V/s

Opposite party/s:-    

1. Country Club (1) ltd.,

#478, Mahapadma,

1^st floor, 1^st stage,

Indiranagar,

Bengaluru-38

2. Mr.Prakash Rao

(AGM-Sales & Marketing), Country Club (I) Ltd.,

#478, Mahapadma,

1^st floor, 1^st stage,

Indiranagar,

Bengaluru-38

By Advocates

M/s. Sreenidhi Law Chambers

ORDER

Under section 14 of consumer protection Act. 1986.

SRI.H.Y.VASANTHKUMAR, PRESIDENT 

            The Complainant has been alleging the deficiency in service in not cancelling his membership and not re-paying his membership fee and thereby has been claiming refund of Rs.5,34,000/- with interest at 24% p.a. from 28.03.13 and compensation of Rs.3 lakhs with litigation charges.

          2. The case of the Complainant in brief is that on payment of Rs.10,000/- on 28.03.03 he became the life member of the Opposite party no.1 club on the assurance of Opposite party no.2. He became the member of “Mr.Cool Golf Village” to get the assured privileges of staying in 3 star hotels, travelling in flights etc., by depositing Rs.1 lakh on 22.12.06. When he asked about the assured privileges, one Sri.Shankarkumar Singh demanded another Rs.50,000/- and accordingly he paid on 24.04.07. Thereafter also the benefits of Mr.Cool and the residential plots of Golf village measuring 5382sqft were not given to him even after he waited for more than 2 years. One Sri.Rajanikanth alongwith senior manager of Opposite party further assured and demanded Rs.1,50,000/- which was also paid by him on 03.03.09 to avail the benefits.  The Opposite party no.2 assured through letter dtd.20.12.09 that the registration of the plot would be completed within 10.01.10. Further informed that any default, deposited membership money would be returned after getting it cancelled. Because of the default, he got issued the legal notice dtd.09.11.10 informing that he was defrauded with the money of Rs.5,34,000/- and hence they have to settle the said amount.  The act of the Opposite parties no.1 & 2 amounts to cheating and also amounts to deficiency in service and hence this complaint.

          3. The Opposite parties filed their common version contending that it being the company for carrying on hospitality business, introduced the scheme namely “Cool Golf Village Card Members” with certain facilities/privileges and the Complainant who already became the member of Opposite party no.1, when requested, inducted him as the member of that scheme on receipt of Rs.5,34,000/- through various cheques. 3 gift deeds dtd.14.08.09 in favour of the Complainant for the site bearing no.1021 at Sheebi Agrahara village, Kallambella hobali, Sira Tq.  Gift deed dtd.06.03.09 for site 733 & 734 of Ratnasandra of Kasaba hobali, Sira Tq were registered in the name of the Complainant. The Complainant has enjoyed the properties, facilities, privileges since then.  The sites agreed to be provided was only a complementary offer.  The breach of service provided by the Opposite parties in the form of complementary offer cannot be considered as breach of original service agreed to be provided. There is no deficiency in service towards complaint.  No consideration has been collected for allotment of complementary plot for which member has to bare the registration and maintenance charges. 3 gift deeds were executed by the Opposite parties and the Complainant has been enjoying all of them.  There is no unfair trade practice. The Complainant does not come under the meaning of consumer. The offer of complementary plots under the Cool club scheme is totally separate and it has nothing to do with fees paid for membership. The Opposite parties have acted as per its promises by providing service and privileges. The terms & conditions also say the absence of consideration of the complementary plots.  As per clause 17, this forum has no jurisdiction. Clause no.6 of the terms & conditions say that if the membership fees are not paid within 45 days on allotment of membership, the membership if any alloted would be cancelled.  The Opposite parties never given any of the facilities like 7 nights, 6 days free stay at Goa or air tickets nor free gym and health center nor alloted any residential plot but the Complainant has alleged about them falsely. Remaining allegations of the Complainant are all false and the complaint becomes liable to be dismissed with cost.

          4. The Complainant and the authorized signatory of the Opposite parties filed their affidavit evidence relying on Ex-A1 to A11 and Ex-B1 to B3 documents respectively. Written arguments were filed by the Opposite parties. Arguments were heard.

          5. The consumer disputes that arise for consideration are as follows:

1. Whether the Complainant establishes the alleged deficiency in service by the Opposite parties in not re-paying his membership fee by cancelling his membership ?  
2. To what order the parties are entitled ?

6. Answers to the above consumer disputes are as under:

1) Negative

2) As per final order – for the following      

REASONS

          7. Consumer Dispute No.1: The undisputed facts reveal that the Complainant became the member of the Opposite parties/Country Club on 28.03.03 wide receipt/Ex-A1.

8. In response to introduction of “Mr.Cool Golf Village” membership shown in the brochure Ex-A6 & A9, he paid                  Rs.1 lakh on 22.12.06, Rs.50,000/- on 20.04.07, further payments of Rs.1,50,000/- on 03.03.09 and Rs.2,24,000/- on 22.12.09 wide receipts/Ex-A2 to A5 respectively.

9. The Complainant issued the legal notice Ex-A7 dtd.09.11.10 and it was served on the Opposite party no.2/Mr.Prakash Rao wide postal acknowledgement/Ex-A8. The Opposite parties, wide Ex-A10/letter dtd.16.04.07 and Ex-A11/letter dtd.04.08.09, requested the Complainant to pay towards site confirmation administrative charges for the site numbers 390, 391 & 1021 each site measuring 1089 sqft.

10. The Opposite parties have relied on Ex-B1 copy of the application submitted by the Complainant about the membership for Mr.Cool Golf Village along with Ex-B2/gift deed dtd.06.03.09 relating to sites no.733, 734 measuring 2178 sqft. and Ex-B3/gift deed dtd.14.08.09 relating to site no.1021 measuring 1089 sqft.

11. On the back of Ex-B1/application specific instructions were given to read before applying for the membership where in at condition no.6 the said offer is shown as limited and exclusive offer which requires the payment of full amount within 45 days from the allotment of membership which is at the discretion of Directors, in default in making payments the remitted amount would be forfeited by cancelling the membership. The applicant has signed and submitted the application on 21.12.06 seeking Cool Golf Village life membership declaring that he would be abide by the rules and regulations and bylaws of the Opposite parties.

12. Through Ex-A7/legal notice, the Complainant has alleged that both the Opposite parties after receipt of payments wide Ex-A2 to A5/receipts did not offer the privileges, though he paid the last amount of Rs.1,50,000/- on 03.09.09 by voluntarily enquiring with the Opposite parties.

13. The Complainant had stated that the Opposite party no.2 had promised through letter dtd.20.12.09 to inform the registration date, so that the registration would be completed on 10.01.10 and later had informed him that money would be refunded as registration did not take place and thereby he wants to get refund of the total amount paid by him                           Rs.5,24,000/- with interest at 18% with notice charges. Ex-B2 & B3/gift deeds executed in March and August 2009 about three sites of equal measurements of 1089 sqft. falsifies his contention about the alleged letter dtd.20.12.09 which was not produced before this forum.    

14. The total payments of Ex-A2 to A5 made by the Complainant amounting to Rs.5,24,000/- are towards, the  enjoyment of the exclusive privileges for the members namely, 5000 sqft. plot free in Country Club Golf Village, access to all Country Club Golf villages across India, free air tickets for a couple and free stay at the Country club de Goa resort, direct access to over 50 country club properties network, access to 220 affiliates in India & abroad as mentioned in brochure/Ex-A6. 

15. The layout plan annexed to the brochure shows the area of the proposed plots existed near Bengaluru and Mumbai road after Tumakuru at a village of kasaba hobali, Sira Taluq but the Complainant has alleged that the residential plot bearing no.261 at first phase Golf Village was assured to him and the said allegation is remained as not proved. Hence the first grievance about the alleged residential plot becomes untenable and hence his alleged expectations and alleged sole intention to become member of the scheme because of the residential site remained as oral allegations only. The Opposite parties nowhere in the brochure had offered to allot any residential sites as contended by the Complainant and it is supported by declared amenities namely club house, pro shop, golf cars, locker rooms with showers which is mentioned by the Complainant himself also as Golf Village.

16. As observed in the membership application/Ex-B1, the payments made by him becomes non-refundable cool golf village life membership fees, which has annual administration charges of Rs.5,000/- or as amended from time to time alongwith application of luxury tax, service tax applicable from 16.06.05 as per union budget. The Complainant has signed with specific words that he read and understood the terms mentioned therein which includes the board of director’s right to amend as and when required. As such the Golf village site no.261 mentioned in writing on Ex-B1 cannot be construed as the assured residential plot.

17. The Complainant has alleged about the remaining privileges as not honoured by the Opposite parties and the Opposite parties have contended that the Complainant who did not pay the entire subscription amount within 45 days of allotment of membership, became liable to get cancellation order about the membership and never entitled to seek refund of membership fees. Regarding the other facilities as mentioned in the application itself, it was the limited period offer during which period the Complainant ought to have placed the requests to enjoy the complimentary privileges with the customer care department and without approaching and intimating about his intention after lapse of time cannot raise these objection.

18. The Complainant in such circumstances ought to have furnished the obligations performed by himself in order to get the offered privileges with the responses of the Opposite parties and without doing so, has made allegations and hence they cannot be accepted.

19. The Complainant has relied on the judgment of National Commission in R.P.No.237/2013 dtd.22.04.14 wherein the same Opposite party was directed to provide two alternatives of getting the plots registered by collecting the developmental charges or to return the sum of Rs.12 lakhs to them by confirming the orders of the District Forum and State Commission.

20. In this case the Complainant has violated the condition no.6 regarding the payment of membership fees within stipulated period. Membership fee is different from the value of the privileges offered on complimentary basis. As complimentary basis three sites have already been registered in favour of the Complainant in 2009 itself wide Ex-B2 & B3/gift deeds which themselves denote that they are not for sale consideration amount. Thereby he has no right to rely on gift deeds and then to say promised plot has to be given to him. The said incidents show that with reference to the gifted sites he does not become the consumer. Regarding other amenities he has not furnished the sufficient materials to conclude how the deficiency in service arose against the Opposite parties. In the result the Complainant has failed to establish the Consumer Dispute no.1 and accordingly it is answered in the negative.     

          21. Consumer Dispute No.2: In view of findings of the Consumer Dispute No.1 the Complainant deserves to get the following:

ORDER

          The CC.No.2203/2012 filed by the Complainant is hereby dismissed. No order as to costs.

          Supply free copy of this order to both the parties. 

          (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the Open Forum on 01^st September of 2017).

Copies of Documents marked on behalf of Complainant/s:

Copies of Documents marked on behalf of Opposite party/s