BEFORE THE KARNATAKA STATE CONSUMER DISPUTES REDRESSAL COMMISSION, BANGALORE.
DATED THIS THE 7th DAY OF DECEMBER 2021
PRESENT
MR. RAVISHANKAR : JUDICIAL MEMBER
MRS. SUNITA CHANNABASAPPA BAGEWADI : MEMBER
APPEAL No. 890/2018
1. | Dr. Channabasayya Hiremath, S/o Shankarayya Hiremath, Aged about 42 years, | ……Appellant/s |
2. | Dr. Smt. Priya .C. Hiremath, W/o Dr. C.S. Hiremath, Major in age, Both are residing at No.172/7-1, 12th Cross, 3rd Main Road, Mahalakshmi Layout, Bengaluru 560 086. (By Sri M.R. Srinivas) | |
V/s
1. | Country Vacations, International Holiday Club, Marketed by Country Vacations, A Division of Country Club (I) Ltd., Rep. by its Managing Directors. | …Respondent/s |
2. | Sri Y. Rajeev Reddy, Chairman & Managing Director, Major. | |
3. | Sri Siddharth Reddy, CEO, Major. | |
4. | Sri Varun Reddy, COO, Major. All are r/at No.4, 3rd Floor, S.V. Towers, Krishna Industrial Area, Hosur Road, Koramangala, Bengaluru 560 029. (By Sri D. Narase Gowda) | |
ORDER
MRS. SUNITA CHANNABASAPPA BAGEWADI, MEMBER
1. The appellants/complainants have preferred this appeal being aggrieved by the Order dt.13.12.2017 passed in CC.No.2172/2014 on the file of 4th Additional District Consumer Disputes Redressal Commission, Bangalore.
2. The brief facts of the complaint are hereunder;
It is the case of the complainants that they are the member of Country Vacations. In the year 2009, the Opposite Parties have approached the complainants that the Opposite Parties have allotted the compliment plot of 10,898 sq. yards each at Opposite Parties venture coconut grove at Tumkur and the Opposite Parties also state that there is absolutely no consideration for the said complimentary two plots. The complainants further submits that the Opposite Parties through a letter dt.28.02.2009 promised that the Opposite Parties would register the plot in the complainants name after completing all governmental formalities which are involved while acquiring land such as conversions, survey, layout plan etc., and the Opposite Parties promised that the plot allotted is expected to be registered in the complainants name within 18 months from the date of full payment of membership fee, completion of legal formalities and development charges of Rs.40,000/- paid in favour of the Opposite Parties sister concern M/s Amrutha Estates. The Opposite Parties stated that the construction on the said plots has to be done through Country Club (I) Ltd., only. The complainants further submit that as per the terms and conditions for allotment of complimentary plot dt.28.02.2009 the complainants paid amount to the Opposite Party company for a sum of Rs.20,000/- on 31.03.2009 receipt No.5028, Rs.13,000/- on 28.02.2009 receipt No.4619, Rs.15,000/- on 11.03.2009 receipt No.4736, Rs.52,000/- on 28.02.2009 receipt No.5339, 5040, 3078 & 8333 in total Rs.1,00,000/-. The Opposite Party Company Group Manager/Customer Relations Officer issued points certificate dt.16.07.2009. The complainants personally requested, visited the Opposite Parties office and contacted the Opposite Parties official and they failed to give proper explanations and the complainants tried to contact the Opposite Parties so many time, but, all the Opposite Parties were not available for comments and further Opposite Parties employees gave false assurance and false promises to register the site in the complainants name and they also requested to grant some times to register the site on the complainant’s favour because they have not got permission from the government to form the resident layout. The Opposite Parties have misused the funds and diverted the same to other problems and failed to give the site. The complainants further submit that they caused legal notice to the Opposite Parties on 04.11.2014 calling upon the Opposite Parties to repay the amount paid by them. Inspite of service of notice also they are not paid the above said amount to the complainants. Hence, the complaint.
3. On service of notice, the Opposite Parties appeared through their counsel and filed version. In the version the Opposite Parties denied the allegations made against them and also denied with regard to the alleged deficiency in service on its part. The Opposite Parties contended that the complainants have paid a sum of Rs.80,000/- towards the Club Membership in terms of the purchase agreement dt.28.02.2009. The complainants apart from the above, as against registration charges of Rs.40,000/-, the complainants have paid only Rs.20,000/- and still due a sum of Rs.20,000/- to the Opposite Parties. The complainants have duly acknowledged the membership card issued by the Opposite Parties. That apart the Opposite Parties also issued the allotment letter dt.28.02.2009 allotting two plots measuring 1089 sq.ft. each complimentary plot at free of cost situated at Tumkur or Vedic Spa, Tumkur and requesting to pay Rs.40,000/- towards registration charges. Though the complainants themselves produced the allotment letter, but, the reasons best known to them have not paid the amount and after lapse of more than six years have come up with the above false and frivolous complaint against the Opposite Parties for wrongful gain and nothing else. The Opposite Parties further contended that this forum absolutely has no jurisdiction to try the above complaint as there is no deficiency in service on the part of Opposite Parties and even otherwise if any the disputes between the parties is in civil in nature and to be tried thoroughly and cannot be adjudicated summarily.
4. The Opposite Parties further submitted that they have issued the club membership cards in favour of the complainants. The complainants have entered into the purchase agreement dt.28.02.2009 with the Opposite Parties. In terms of the agreement clause 9 & 13, there is no provisions for cancellation of the club membership or for refund of the amount. The complainants have not paid the annual maintenance charges from last five years. Further the club membership is for life time and it is transferable to their family members apart from the health club for a period of 5 years. The allegations made by the complainants are truly baseless, hence, prayed to dismiss the complaint.
5. After trial, the District Commission dismissed the complaint.
6. Being aggrieved by the said Order, the appellants/ complainants are in appeal. Heard the arguments of both parties.
7. Perused the appeal memo, Order passed by the District Commission and materials on record, it is an admitted fact that the complainants have paid Rs.1,00,000/- in the year 2009 i.e. Rs.20,000/- on 31.03.2009 receipt No.5028, Rs.13,000/- on 28.02.2009 receipt No.4619, Rs.15,000/- on 11.03.2009 receipt No.4736, Rs.52,000/- on 28.02.2009 receipt No.5339, 5040, 3078 & 8333 in total Rs.1,00,000/- towards club membership in terms of Purchase Agreement dt.28.02.2009. Subsequently, the Opposite Parties issued an allotment letter of the plots to 1089 sq.ft. each as complimentary at free of cost at Vedic Spa, Tumkur. However, the Opposite Parties failed to allot the sites to the complainants. Hence, the complainants approached the District Commission and demanded to refund Rs.1,00,000/- with interest. However, the District Commission dismissed the complaint and held that the complaint filed by the complainant is barred by limitation.
8. Perused the appeal memo and Order passed by the District Commission. It is noticed that the appellants became the member of the Club Mahindra via agreement dt.28.02.2009 and complainants have filed the complaint at District Commission in 2014. However, the complainants are the life members of Club Mahindra, hence, they have continuous cause of action till their life. Moreover, as per the submission of the Opposite Party, the main benefits of the club membership and a holiday/vacation package, they offered yearly one week accommodation in their property totally free of cost except service tax. It is more than the two star facility for a period of continuous five years either in abroad or in India. In the present case, the appellants became members in 2009 in terms of Purchase Agreement dt.28.02.2009 and their membership is life time membership. However, there are no any documents purchased by both the parties that the respondents have rendered any holiday packages to the complainants from 2009, till the complainants have filed this complaint. The contention of the respondents is that the complaint is barred by time, it is the mere contention but does not in dispute that the appellants have made the payment towards the club membership and they had allotted two complimentary plots to the appellants. The respondents failed to allot sites and also rendering the holidays which amounts to deficiency in service on the part of the respondents. Moreover, if there is a clause in the agreement such as no provision for cancellation of the club membership or refund of the money, such conditions are made by the respondents to cheat the customers. If there is no any refund conditions in the agreement, to collect huge membership fees and not giving any services to the customer amounts to cheat the customers. Hence, in our opinion, the complaint is well within the time. Further, the appellants have established that the payment of Rs.1,00,000/- to the respondents towards membership for allotment of plot, but, the respondents have not allotted any complimentary plots to the appellants and also not rendered holiday packages to them. In view of that, since appellants are not willing to continue their membership, the appellants are entitled to recover the amount paid by them with interest is just and proper. Hence, in our opinion, the Order passed by the District Commission requires to be set aside. Hence, the following;
ORDER
The appeal is allowed. Consequently, the Order passed by the District Commission in CC.No.2172/2014 is hereby set aside and complaint is allowed.
The respondents/Opposite Parties are directed to pay an amount of Rs.1,00,000/- to the appellants/complainants along with interest at 9% p.a. from the date of filing of the complaint, till realization.
The respondents/Opposite Parties are further directed to pay a sum of Rs.25,000/- as compensation and Rs.10,000/- as costs to the appellants/complainants.
The respondents/Opposite Parties are granted 30 days time from this date to comply the Order.
Sd/- Sd/-
MEMBER JUDICIAL MEMBER
KCS*
