PRESENT

                   Complainant by Adv. Smt. Neha Nagotanekar,  

                    Opponent 1 & 2  by  Adv.Sarika Shinde present.                 

ORDER

(Per- Mr. S. D. MADAKE, Hon’ble President.)

1.                The complainant has filed complaint against opponents under section 12 of Consumer Protection Act, 1986 for deficiency in service and alleging that acts of opponents are illegal improper and unethical.

2.                The complainant stated that, country club (India ) Ltd. is a listed Ltd. company and Opp.No.2  AMRUTA ESTATES is estate agent.  He became member by paying Rs.2,25,000/-.  As per membership agreement photo smart cards were issued to complainant and family.  The opponent No. 2 issued allotment letter on 9.3.2009 for complimentary gift site at country villege Kolad and asked complainant to remit Rs.20,000/- towards site confirmation, administrative charges, which includes registration charges. 

3.                The complainant stated that opponent  No. 1 cancelled allotment letter in respect of Plot at Kolad of 2000 sq     .feet , without prior intimation and without giving reasons.

4.                The complainant decided to cancel the agreement for breach of contract by opponents, as well as for deficiency in service.   He prayed for directioin to opponents to refund amount with interest at the rate of 21 % p.a. and compensation as well as cost.

5.                The opponent party filed detailed written version and specifically denied all allegations made in the complaint.  The opponent stated that complainant failed to perform  contractual obligations as per membership agreement.

6.                The opponents stated that as per agreement clause 40 No claims whatsoever  will be entertained by the company.  As the member is getting a plot as a gift from the company and cost of the plot is not part of membership fee.

7.                The opponent in para No. 13 of written version contended that, Opp. No. 1 is still ready to accept nomination for issuing membership in terms of  agreement.  The complainant has no right to claim refund.  This forum has no jurisdiction to entertain  the complaint.

8.                The opposite parties filed affidavit  in support of written statement.

9.                We have heard learned counsel for both sides.  We have taken recourse to section 89 of Consumer protection Act 1986 for amicable settlement, however the settlement was not arrived between the parties.

10.              Admitted position is the complainant paid Rs. 2,25,000/- to opponent.  The membership card has been issued,  opponent No. 2  issued allotment laetter for Kolad on 9.3.2009.  The Opponent No. 1 cancelled the plot allotment letter on 22.3.2010.  The Opponent No. 2 directed to remit Rs.20,000/- for registration charges by letter dt.9.3.2009.

11.              As per agreement the plot is complimentary.  The said plot was given only due to fact that, complainant became member.  We have noticed that opponent has not assigned any specific reason for cancellation of plot.  The opponent is under an obligation to be just and fair to members of club, who joined membership relying  on the proposal for Kool Global membership.

12.              The opponent demanded Rs.20,000/- for registratioin of plot in 2009 without verifying the steps taken for Non-agricultural land , through Government.  It was not proper to demand money for registration and cancel the allotment after one year without taking into confidence to complainant.

13.              The opponents expressed willingness to allot plot in written version, however opponent till this date has not properly explained about progress regarding clearance from competent authorities.

14.              We are of the view that, complainant has been the victim of unethical practice adopted by opponent and subjected to mental agony and financial loss.  Even today opponent is not able to state when all clearance will be made for performance of  obligations as promised in proposal form  Kool Global Membership.

15.              In the result, opponent is liable to pay compensation for financial loss as well as for mental agony.  We quantify the loss to the amount of Rs.2,25,000/-The said amount shall carry interest at the rate of 18 % p.a. from the date of filing complaint.

16.              The following order would meet the ends of justice.

ORDER

1.         RBT Complaint No. 55/2012  is partly allowed.

2.        The opponent Country club (India) Ltd. is ordered to pay

           Rs.2,25.000/- (Rupees Two lakh twenty five thousand only) with

           Interest at the rate of 18 % p.a. from the date of filing complaint

           i.e. 8.2.2011.

3.        No orders as to cost.

4.        Copy of this order be sent to both parties.