Complaint filed on: 30.05.2016

                                                      Disposed on: 06.02.2019

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.775/2016

DATED THIS THE 6^TH FEBRUARY OF 2019

PRESENT

SRI.H.Y.VASANTH KUMAR, PRESIDENT

SMT.N.R.ROOPA, MEMBER

Complainant/s: -                           

Sri.T.C.Sathish Kumar,

S/o Late Channaveeriah,

Aged 62 years,

R/at no.3456,

1^st floor, 1^st F Cross,

7^th main, Besides BMTC

Depo, Vijayanagar II Stage, Bengaluru-40.

By Adv.Sri.N.Madhusudhan  

V/s

Opposite party/s:-    

1. Country Vacations,

[A Division of Country Club (I) ltd.,] By Customer Care Manager no.102, II floor, S&S Corners, Next to Kamath Hotel,

Bowring Hospital Road, Shivajinagar,

Bengaluru-01.

Head Office:

no.3-6-367/368/369,

Flat no.306, 3^rd floor,

Skill Spectrum Building,

Beside TTP Kalyanamantapam, Liberty X Road, Himayat Nagar, Hyderabad-500029.

2. Country Club India ltd.,

By Customer Care Manager, no.675, 9^th main, Indiranagar,

I Stage, Bengaluru-38

Head office: Country Club Kool, no.6-3-1219/A, Begumpet, Hyderabad-500016.

By Adv.Sri.D.Narasegowda   

ORDER

Under section 14 of consumer protection Act. 1986.

SRI.H.Y.VASANTHKUMAR, PRESIDENT 

            The Complainant has sought or direction against OP.1 & 2/Country Vacations and Country Club India ltd., to pay jointly Rs.1,72,000/- with cost and interest from 2008 alleging the deficiency in service in not transferring the assured site and not refunding the deposited amount.      

          2. The Complainant has filed application u/s.24A of CP Act seeking order to condone the delay in filing the complaint.

          3. The case of the Complainant in brief is that, on 27.01.08 believing the misrepresentation made by the OP.1 deposited Rs.1,72,000/- anticipating the allotment of plot no.387, 9^th phase at Vedic Spa measuring 1089 sqft. and life membership of the club/OP.2. The OPs claiming to be sister concerns failed to arrange tour to Goa and other places at their cost. No services were rendered by both the parties despite the repeated demands nor shown the assured plot, on the other hand demanded Rs.15,000/- towards registration of developmental charges of the plot as against the assurance of not demanding the further amount. They also failed to refund the paid amount as assured. Hence, he lodged the police complaint on 24.08.09 through Police Commissioner. He has not utilized the services of both the OPs. The legal notice dtd.10.01.15 and demand notice dtd.02.06.15 sent for getting refund of the amount were also not responded. Though the OPs assured settlement, not complied the same from long time and hence, there is delay in filing the complaint.

          4. The OP.1 has filed the version and it is adopted by OP.2. They contended that, the complaint is not maintainable as there is no cause of action and as barred by limitation. The purchase agreement is dtd.27.01.08 and this complaint is filed after 8 years. The Complainant was issued with laminating membership card dtd.25.03.08 which entitled him for holiday vacations of 6 nights and 7 days every year for 30 years. The Complainant never admitted to reserve holiday vacations benefit. The Complainant has not paid nor they collected single rupee towards the allotment of plot. Even after lapse of 8 years, the Complainant failed to remit registration charges of Rs.15,000/- towards alloted site at Hindupura. His legal notice dtd.02.06.15 was suitably replied on 08.05.15. In terms of the purchase agreement clause 8, 9, 10 and 13, there is no provisions for cancellation of the club membership or for refund of the amount. But he has got liberty to sell or transfer or gift to any third party. There is no deficiency in service or unfair trade practice on their part. This complaint is failed to gain illegally with ulterior motive, though he is due for Rs.38,635/- towards annual maintenance charges. The Complainant is not an illiterate person. After enjoying all the benefits and services of the club membership all these years, now is being try to get reimbursement. The OPs are always ready to provide package benefits, if the Complainant booked 30 days earlier for making arrangements. The membership is transferable to his family members. The Complainant who has alleged the fraud and cheating against the OPs have to approach other competent court of law and this forum has no jurisdiction to try of such allegations. Hence, prays for dismissal of the complaint.     

          5. The Complainant has filed affidavit evidence relying Ex-A1 to A24 documents. Official of OPs filed affidavit evidences relying on Ex-B1 to B6 documents. Written arguments were filed by both side relying on number of judgments of other consumer forums. Perused the records. Arguments were heard.                    

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

1. Whether the Complainant establishes that non-refund of membership fee of Rs.1,72,000/- and non-transfer of assured site without any charges in his favour by the OPs amount to unfair trade practice and deficiency in their service  ?   
2. Whether the Complainant is entitled for the relief as prayed for ?
3. To what order the parties are entitled ?

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

1) Negative

2) Negative

3) As per final order – for the following      

REASONS

          8. Consumer Dispute No.1 & 2: The undisputed facts reveal that, the Complainant on payment of Rs.1,72,000/- as supported by Ex-A1/temporary receipt dtd.27.01.08 and Ex-A2/receipt dtd.29.01.08 by executing the purchase agreement/Ex-A3/B1 subject to the terms & conditions, became the member of OPs club and country vacations. The OPs issued welcome letter/Ex-A4 dtd.31.03.08 offering the complimentary facilities, with the terms & conditions, with the information to contact the office representatives. He being the blue category member was issued with the certificate/Ex-A5 with gift vouchers/Ex-A6 & A7 along with the terms & conditions/Ex-A8 and also with the membership cards for his family members/Ex-A9 to A12.

9. He lodged the complaint/Ex-A13 dtd.24.08.09 to the Commissioner of Police seeking refund of Rs.1,72,000/- with interest at 3% per month which endorsed by Vijayanagara police station vide Ex-A14. The Complainant issued notice/Ex-A15 dtd.10.01.15 demanding the refund of Rs.1,72,000/- and it was served on the OP vide Ex-A16 & A17/postal acknowledgements. The OP sent the reply vide Ex-A19 dtd.20.04.15. Another letter/Ex-A20 dtd.02.06.15 of the Complainant sent by registered post/Ex-A21 to 23 was also replied by OP vide Ex-A24/B3 dtd.08.05.15.

          10. It is also undisputed that, the OP has produced the copy of conversion order/Ex-B4, layout plan/Ex-B5, authorization/Ex-B6 contending that, the plot was offered to the Complainant as assured and there is no deficiency in their part.

          11. In Ex-A13/police complaint, the Complainant has alleged that, by tempting words of the OPs, made him to deposit of Rs.1,72,000/- introducing themselves as the sister concerns and offered plot also for no cost. The OPs when continued to collect further amount in the name of registration charges etc., suspecting the fraudulent gimmicks, complaint is lodged seeking refund of the paid amount. In Ex-A15/letter dtd.10.01.15 addressed to the OPs, the Complainant alleged that, misrepresentatives of the OPs in collecting Rs.1,72,000/- came to his knowledge, when the representatives again demanded further payments towards the registration charges of the plot as against the assurance made by them and hence they have no other exceptions wants to get the refund of the amount. The OPs in Ex-A19/reply notice dtd.20.04.15 contended that, after reading and understanding the terms & conditions/Ex-A3/B1, purchase agreement was executed to become life time club membership for a period of 30 years for which he was allotted with a complimentary plot of 1089 sqf.t at Hindupura for which in further reply/Ex-A24 dtd.08.05.15, they contended that, they were unable to execute the registration of sale deed of the plot as he failed to complete the registration formalities.

          12. The OPs have further contended in the reply notice that, in terms of purchase agreement, the Complainant failed to pay the annual maintenance charges amount to Rs.38,635/- till May 2015, though he enjoyed the privileges given by way of gift coupons.    

          13. The terms & conditions of the purchase agreement show that, he being the blue category member had agreed to pay annual maintenance charges, when falls due on every November and availed holiday gift vouchers worth Rs.25,000/- and health club facility for one year as complimentary gift. The OPs, as supported by conversion order, layout plan, authorization letter/Ex-B4 to B6 with the approval of the Government formed the plots and alloted to 261 members including the Complainant. The Complainant has not established that, the OPs have demanded the sale consideration amount for the plot. Offering of plot as complimentary gift unless otherwise subject to the terms & conditions become liable to be registered at the cost of the purchaser or allottee. The Complainant has failed to establish that, the OPs had agreed to transfer the title of the plot free of cost. Mere oral allegations are of no use, when the documentary evidence is available. The Complainant also failed to establish that the paid amount is refundable one or subject to his discretionary power to continue with the OPs.

          14. The Complainant paid the amount in 2008. He executed the purchase agreement in January 2008. He lodged the police complaint and demanded amount during 2009 as supported by complaint to the police department and such being the case, his claim becomes barred by limitation also and not liable for demanding refund. When the plot was given as complimentary, it is too much on the part of the Complainant expecting, ownership also to be transferred free of cost without producing any supporting documents. Thereby this time-barred claim becomes not maintainable and thereby, the Consumer Dispute no.1 & 2 are answered against the Complainant. Accordingly, both the Consumer Disputes are answered in the negative.

15. Consumer Dispute No.3: In view of findings of the Consumer Dispute No.1 & 2, the Complainant deserves to get the following:

ORDER

          The CC.No.775/2016 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 6^th February of 2019).

Copies of Documents marked on behalf of Complainant/s:

Copies of Documents marked on behalf of Opposite party/s