PRESENT

                   Complainant in person  present.    

                    Opponent by Adv.Prasad Apte present.            

ORDER

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

1. The Complainant has filed the complaint against the Opponent for deficiency-in-service as per section 12 of Consumer Protection Act, 1986.
2. The complainant is a senior citizen residing at Thane, he paid Rs.81,000/- to the Opponent,  a company having office at Andheri, Mumbai 400 053. The complainant became the member of the club due to representation made by Mr. Rakesh Jha who is a representative of the Opponent. The complainant was assured to various facilities including open plot within the limits of village Kolad, Taluka Roha, Dist: Raigad. The opponent issued photo smart card to the complainant and his wife along with allotment letter in respect of a plot.
3. The complainant  alleged,  that he  paid Rs.6,000/- by cheque towards maintenance charges in respect of the plot. It is further alleged that opponent further demanded an amount of Rs.25,000/- towards registration of the said plot. The complainant was requested to come for registration, however no one from the opponent came for registration of the document in favour of the complainant.  The complainant issued notice through Advocate for performance of contractual obligation, however, opponent denied the claim of the complainant.   The complainant prayed for refund of total amount of Rs.81,000/- with compensation for mental agony to the tune of Rs.2,00,000/-. It is further prayed that opponent be directed to hand over the possession of the plot by opponent.
4. The opponent denied the claim and stated that complaint is not maintainable in the present form. It is alleged that this Forum has no jurisdiction to entertain the complaint as no cause of action has arisen within territorial jurisdiction of this Forum.
5. It is contended that complainant was made aware that the membership fees is non-refundable, so he has no right for asking of refund of the membership fees.  The opponent admitted the receipt of only Rs.60,000/-. The opponent alleged that complainant took the membership of club only for facilities of club  and not for getting the plot. The complainant has failed to pay annual charges as per the agreement. It is specifically stated  that opponents are not aware any amount of Rs.21,000/- paid to any one by complainant. The allegation relating to deficiency in service are denied.
6. We have perused all the documents produced on record by both the sides. Heard complainant and opponent at length. Admittedly the complainant paid an amount of Rs.60,000/- to the opponent. The complainant paid Rs.21,000/- in addition to the above amount which fact is denied by the other side. The complainant stated on oath that the opposite party asked him to pay Rs.25,000/- for registration of the said plot in his favour. On perusal of the documents on record it is evident that even though complainant has paid huge amount for becoming member of the club, no facility has been given to him till this date. The opponent failed to render the service as agreed and subjected the complainant to mental agony at the advance age of his life. The complainant was directed to pay the amount from time to time and no service was provided to him by opponent. As the opponent failed to render the service complainant is entitled for refund of the amount paid by him  as per the agreement.     
7. In the present case, opponent admitted the receipt of Rs. 60,000/- and specifically denied the receipt of Rs.21,000/- as alleged by the complaint. It is submitted that opponents are accountable for the amount received by them. They have specifically denied the receipt of Rs. 21,000/- as they are not aware about the said amount.
8. The opponents received only membership fees of Rs.60,000/- which is non-refundable.
9. We have perused the payment receipts to the amount of Rs.81,000/- issued in the name of opponent. It was obligatory on the part of opponent to protect the interest of complainant when the amount of complainant was taken by third person in the name of the opponent. The opponent were under a duty to complainant who is a senior citizen that he should not be subjected to wrongful loss and third person should not have wrongful gain in the name of the country club.
10. We are of the view that a complainant was subjected to harassment due to inaction on the part of opponent to take care the interest of the consumer. In such circumstances it would be proper in the interest of justice to direct the opponent to refund the amount of Rs.60,000/- with interest @ of 18 % p.a. from the date of filling of the complaint i.e 11-04-2012. The complainant was induced to be a member of the club on false assurance to give certain benefits. The facts and circumstances indicate that the complainant is at the advanced age of life was subjected to mental agony and financial loss due to inaction on the part of the opponent. The complainant  has not received any facility as per the agreement. Hence  the  complainant is entitled to claim the compensation of Rs. 50,000/- for mental agony and financial loss.
11. In the result we proceed to pass the following order.

ORDER

1. RBT Complaint No. 92/2012ispartly allowed.

2. The opponent is directed to pay the amount of Rs. 60,000/- with interest

         of 18% p.a from 11-04-2012 till realization.

3. The opponent is directed to pay Rs. 50,000/- as compensation for mental

         agony with interest @ of 9% from the date of receipt of this order.

4. The opponent is directed to pay cost of Rs. 10,000/- to the complainer as

        the cost of this complaint.

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