COMPLAINT FILED ON:30.05.2011

DISPOSED ON:09.12.2011

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)

9^th DAY OF DECEMBER-2011

       PRESENT:- SRI. B.S.REDDY                PRESIDENT                        

                         SMT. M. YASHODHAMMA         MEMBER    

                         SRI.A.MUNIYAPPA                   MEMBER

O R D E R

SRI. B.S.REDDY, PRESIDENT

This is a complaint filed u/s. 12 of the C.P. Act of 1986 seeking direction against the Opposite Party (herein after called as OP) to refund an amount of Rs.1,05,000/- with interest and pay compensation of Rs.2,00,000/- on the allegation of deficiency in service on the part of the OPs.

2. The case of the complainant to be stated in brief is that:-

The complainant being attracted by the offers of OP that they would allot two complimentary plots situated at Vedic Spa at Hindupur along with two flight tickets for the complainant and his wife to travel any where in India for to and fro fare with accommodation facility, became the member of the OP by paying an amount of Rs.1,05,000/- towards membership fee. OP has not provided with the said assurance of registration of two Plots and provided the Air fare tickets, as assured at the time of becoming the member of OP-Club. The complainant has made several visits to the OP requesting the OP to fulfill their assurances and promises but  the OP has not come forward for registration of the Plots or issuance of air fare tickets and other benefits, which has caused great mental agony, inconvenience and hardship, the same amounts to deficiency in service and unfair trade practice on the part of the OP. OP in collusion with Amrutha Estate managed to allot plots at the rate of Rs.20,000/- each alleging the registration charges and development charges. Amrutha Estate are executing only a registered gift deed of Rs.1,000/- or Rs.2,000/- per plot, as such the claim of the OP in claiming Rs.20,000/- per plot from the complainant is nothing but purchase at Market Price. OP has cheated the complainant, neither plots are allotted nor arranged any flight tickets. The complainant has sent a complaint dt.28.07.2009 to OP and to the Central Crime Branch. Thought OP has received the same, but as on today they have not yet initiated any action and the said acts establishes the deficiency of service. Hence the complaint.

3.On appearance OP filed version contending that the complaint is not maintainable, this Forum has no jurisdiction to entertain the complaint, the right to refer the matter lies only to the courts in Secunderabad and Hyderabad. It may be the duty of the complainant avail the services and benefits of the Club. OP as per its Scheme had offered the complainant with many offers and it is the complainant who did not utilize the offers and for the mistake of the complainant, OP shall not be liable. OP is even now ready to allot all the benefits of the club and benefits as mentioned in the offer letter. The membership fees shall not be refunded since it is a non-refundable membership fees. OP is ready to execute the complimentary sites sale deeds in favour of the complainant as soon as the complainant pays the registration and other miscellaneous charges. The complainant has not paid the registration charges of Rs.20,000/- to each site till today. The complainant having utilizing the club facilities with other such complimentary benefits has come up this new plea as to encash the entire amount paid after having utilized the complimentary benefits. There is no deficiency in service on the part of the OP. Hence it is prayed to dismiss the complaint with costs.

4.   In order to substantiate the complaint averments, complainant filed affidavit evidence and produced documents. The Sales Executive Customer Care of OP filed affidavit evidence in support of defence version.

5.   The complainant filed Written Arguments.

6.   Arguments heard from complainant’s side, OP side taken as heard.

7.   In view of the above said facts, the points now that arise for our consideration in this complaint are as under:

Point No.1:-Whether the complainant has proved the deficiency in service on the part of the OP?

           Point No.2:-If so, whether the complainant is  

                             entitled for the relief’s now claimed?

           Point No.3:-To What order?

8.   We record our findings on the above points:

           Point No.1:-Affirmative

   Point No.2:-Affirmative in part

   Point No.3:-As per final order.

R E A S O N S

9. At the outset it is not at dispute that the complainant became member of OP-Club by paying an amount of Rs.1,05,000/-. The receipts dt.23.09.2008 for Rs.10,000/-, 24.09.2008 for Rs.50,000/-, 23.09.2008 for Rs.35,000/- and 17.09.2008 for Rs.10,000/- are produced by the complainant in support of payment made to OP towards membership fee. At the time of becoming member OP offered benefits that they would allot two complimentary plots situated at Vedic Spa at Hindupur along with two flight tickets for the complainant and his wife to travel any where in India for to and fro fare with accommodation facility. OP has not fulfilled its obligation by allotting the sites and providing the air tickets as assured, in spite of the complainant approaching repeatedly to provide the benefits assured. There is no merit in the defence that, OP is prepared to execute the sale deeds in respect of the sites on complainant paying Rs.20,000/- towards the registration and other miscellaneous charges for each site. OP has not placed any material to show that approved layout has been formed with Conversion Order of the land. Even there is no document evidencing the fact that OP has acquired any land for the purpose of formation of layout. Further OP has not produced any material to show that this complainant has availed the services and benefits of the Club. On 28.07.2009 the complainant has submitted complaint to CCB Police, Bangalore against the OP with regard to the deficiency in service on the part of the OP and having cheated the complainant by making him to become member by making false assurance. The copy of the said complaint was also forwarded to OP. Even after receipt of such complaint neither the CCB Police has taken any action nor OP has complied the demands of the complainant. The act of OP in not providing the facilities and benefits offered at the time of making the complainant to become member of the Club amounts to deficiency in service and unfair trade practice on the part of the OP. Under these circumstances, we are of the view that the complainant has proved deficiency in service on the part of the OP.

10. The complainant has claimed for refund of the amount paid towards membership fee with interest and compensation of Rs.2,00,000/-. The claim of Rs.2,00,000/- towards compensation is exaggerated claim. Interest and compensation both cannot be allowed but interest by way of compensation on the amount can be awarded. Taking into consideration all the facts and circumstances, we are of the view that the complainant is entitled for refund of the amount paid towards membership fee along with interest at 18% p.a. by way of compensation from the date of respective payments, till the date of realization along with litigation cost of Rs.2,000/-. Accordingly we proceed to pass the following:

O R D E R

The complaint filed by the complainant allowed in part.  

OP is directed to refund an amount of Rs.1,05,000/- with interest at 18% p.a. from the respective date of payments, till the date of realization and pay litigation cost of Rs.2,000/- to the complainant.

This order is to be complied within four weeks from the date of this order.

        Send copy of this order to both the parties free of costs.

(Dictated to the Stenographer and typed in the computer and transcribed by her, verified and corrected, and then pronounced in the Open Court by us on this the 9^th day of December-2011.)

MEMBER                            MEMBER                          PRESIDENT

Cs.