PRESENT

                   Complainant by representative                                                     

                  Opponent by Adv.Shradhha Worlikar.                      

                                      ORDER

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

1.         The Complainants have filed the complaint against the Opponents for deficiency-in-service as per section 12 of Consumer Protection Act, 1986.
2.         The Complainants stated that, complainant no.1 is a registered society having  object to protect the interest of consumers. The complainant no. 2 to 4 paid Rs. 1,45,000/- each to opponent no.1 for lifetime Mr. Kool card membership.
3. The opponent no.1 assured to allot plot of area 2000 sq.ft. at Golf village at Kolad and agreed to provide other facility including health club facility etc.
4. The opponent no.2 issued allotment letter as a complimentary site plot of 2000 sq.ft. at village Kolad to complainant no. 2 to 4. It is alleged that, opponents failed to perform the obligations as per the assurance given at the time of acceptance of amount.
5. The complainants stated that the opponents are guilty for deficiency in service and prayed for direction to opponents to refund each of the complainants No.2 to 4 the membership amount of Rs. 1, 45, 000/- each. It is further prayed, that, opponent no. 2 be directed to pay to each of the complainant the value of the plot.
6. The complainants further prayed that, opponents be directed to pay compensation of an amount of Rs. 50,000/- to each and cost of Rs. 20,000/-each.
7.           The opposite parties filed their written statement  and denied the allegations made by the complainants and resisted the complaint on all counts. It is alleged that present complaint is filed only with the intention to harass the opponents as no cause of action has arisen against the opponents.
8.          The complainants  are not entitle to claim the amount as the amount paid by the complainants  was non- refundable as per the agreement, hence they have  no right of asking of refund of membership fees from the opponents. The opponents  submitted that, the plot was complementary with zero consideration.
9.         The opposite parties  stated that complainants are not consumers and complaint is not maintainable as per law.
10.  It is admitted that the each Complainant paid Rs. 1,45,000/- to the Opponents. All other allegations are specifically denied and prayed that the Complaint be dismissed with the cost.   
11.               We have perused all the documents produced on record by both the sides. Heard complainants and opponents at length.  
12.            The main contention of the complainant is that opponents failed to render service as per the agreement of membership.
13.             On perusal of the documents it is evident that opposite parties allotted to the complainants the plot about 2000 sq.ft. at Golf Village, Kolad, Near Mangaon, on Mumbai-Goa Highway, Dist: Raigad.
14.           It is pertinent to note that opponents have not till this date given the possession of the said plot. The opponents have taken the defence that the allotment of plot is subject to policy of the government as to Land acquisition etc. The opponent failed to explain the steps taken by them for getting the clearance from competent authorities for giving the possession of the plot to the complainant.
15.            We are of the opinion that opponents were under an obligation to act fairly with the complainants and were expected to take reasonable steps within proper time to handover the possession of the plot to the complainant.
16.             The opponents on the other hand stated that complainants are not entitled for the said plot as the allotment was made as a complementary gift. The opponents are not permitted to take such stand as per law.
17.             The documents show that each  complainant has paid total amount of Rs.1,45,000/- however, the opponents failed to perform contractual obligation of rendering service to them.
18.               The complainant no. 2 to 4 were subjected to mental agony due to breach of contractual obligation on the part of opponents. Therefore Complainants are entitle to cancel the agreement and entitle to refund of the amount and also to receive compensation for practicing fraud on them by opposite parties.
19.             We are of the opinion that opponents are guilty for unfair trade practice as well as for deficiency in service by depriving the complainants of their legal right conferred on them as per agreement.
20.              We are of the opinion that opponents are guilty for breach of trust for accepting huge amount on the assurance of giving plot and other benefits and lastly stating that the allotment of the plot was complementary and without consideration.
21.             We are of the opinion that, the opponents are not in a position to allot the plot, so we feel it proper to direct the opponents to refund the amount to complainants no. 2 to 4.       
22.      In view of the facts and circumstances of the case we feel it proper in interest of justice to direct the Opponents to refund the total amount of Rs.1,45,000/- paid by each complainant no. 2 to 4.
23.       The complainants prayed that the said amount be refunded with interest.
24.        We accept prayer for refund of Rs.1,45,000/- with interest @ 18% p.a. from the date of  filing  of this complaint i.e. 13/07/2011. The complainants no. 2 to 4 are entitle for compensation of rupees 25,000/- each for mental agony. The complainant no. 1 is entitle for cost of Rs.10,000/- from opponents.

24.              In the result, we pass the following order.

                                         O R D E R

1.       RBT Complaint case No.329/2011 is partly allowed.

2.       The Opponents are directed to pay to complainant no. 2 to 4 each Rs. 1,45,000/-( One lac forty five thousand)  with interest @ 18%

          p.a. from 13/07/2011 till realization of total amount.

3.       The Opponents are directed to pay to each complainant no. 2 to 4 Rs. 25,000/- ( Twenty five thousand ) each as compensation for

          mental agony.

4.       The Opponents are directed to pay Rs. 10,000/- (Ten thousand ) to   complainant no.1 as cost.

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