BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM
VAZHUTHACAUD, THIRUVANANTHAPURAM.
PRESENT
SRI. P. SUDHIR : PRESIDENT
SMT. PREETHA G. NAIR : MEMBER
C.C. No. 366/2014 Filed on 17.09.2014
ORDER DATED: 16.09.2019
Complainant:
Anish A. Nair, Commander Pilot, Air India Express, Anizham, T.C 51/515, Mamkulam Lane, Pappanamcode P.O, Thiruvananthapuram-18.
(By Adv. R. Ayyappan Nayar)
Opposite party:
The Secretary, Sri Mulam Club, Vazhuthacaud, Sasthamangalam P.O, Thiruvananthapuram.
(By Adv. M. Nizamudeen)
This case having been heard on 15.07.2019, the Forum on 16.09.2019 delivered the following:
ORDER
SMT. PREETHA G. NAIR : MEMBER
Case of the complainant is as follows: Complainant is working as a commander commercial pilot in Air India Express and now stationed in Trivandrum. In order to enjoy the facilities of outdoor activities of entertainments and sports complainant intended to join as a member of the opposite party and applied for the same with the HDFC Bank cheque for an amount of Rs. 11,236/-. As nothing was heard from the club for about 4 months complainant spoke to Mr. Unni in the Administrative Wing on 03.06.2014. Then he informed that the complainant’s application has been rejected for want of a Graduation Certificate. However it was strangely observed that the cheque given for the admission was encashed. This fact was informed to the present Secretary Santhosh Kumar over phone for returning the amount on 04.06.2014 and also with a registered letter demand. Mr. Santhosh Kumar informed that they will be putting up complainant’s application for membership before an Apex Body Committee for reconsideration. So far nothing has been heard even after the lapse of months. So again requested the Secretary to refund the amount of Rs. 11,236/- and so far neither heard anything nor the amount received so far. Therefore the complainant has sent an advocate notice on 02.08.2014 and the same was received by the opposite party on 04.08.2014. So far nothing has been heard and hence the complaint.
After accepting the notice the opposite party filed version stating the following contentions. The complaint is not maintainable either in law or on facts. The opposite party is a society registered under the Travancore/Cochin Literary Scientific Act. The complainant had submitted an application for life membership paying Rs. 11,230/- as registration fees on 20.01.2014. The constitution/byelaw of the opposite party clearly states as follows: “Article 8 Admission of members (Life): “The Executive Committee shall admit life members only with the permission and approval of the General Body after complying with the procedures as per constitution. Application in the prescribed form together with the registration fee of Rs. 10,000/- (non-refundable) for life members be considered subject to the satisfactory compliance of the terms and conditions prescribed under Article 5(b) and Article 4(b)”. Article 5 (b): “The Executive Committee shall receive applications for membership and consider them for admission only subject to the conditions stated below: i) If the applicant has passed the Degree Examinations or equivalent”. The complainant failed to produce degree certificate before the Scrutiny Committee held on 12.04.2014. Therefore his application could not be considered for ballot. As per Article 8 of the constitution, registration fee is non-refundable. The complainant had applied for registration as life member knowing fully well that as per byelaws only a person who had passed Degree Examination or equivalent is eligible to apply for life membership and that registration fee is not refundable. It is further submitted an amount of Rs. 1,236/- has been collected as service tax. Therefore the opposite party is not liable to refund the amount as prayed for in the complaint.
Complainant filed chief affidavit and documents. Complainant was examined as PW1 and marked Exts. P1 to P5 on his side. Opposite party was examined as DW1 and marked Exts. D1 to D3.
Issues to be considered:
(i) Whether there is any deficiency in service on the part of opposite party?
(ii) If so, what is the relief and cost?
Issues (i) & (ii):- Complainant applied for membership together with HDFC Bank cheque No. 96725 for an amount of Rs. 11,236/-. The opposite party admitted that the complainant had paid Rs. 11,236/-for registration fees. Further opposite party stated that the constitution/byelaw clearly as “Article 8 Admission of members (Life): “The Executive Committee shall admit life members only with the permission and approval of the General Body after complying with the procedures as per constitution. Application in the prescribed form together with the registration fee of Rs. 10,000/- (non-refundable) for life members be considered subject to the satisfactory compliance of the terms and conditions prescribed under Article 5(b) and Article 4(b)”. Article 5 (b): “The Executive Committee shall receive applications for membership and consider them for admission only subject to the conditions stated below: i) If the applicant has passed the Degree Examinations or equivalent”. The complainant failed to produce degree certificate before the Scrutiny Committee held on 12.04.2014. Therefore his application could not be considered for ballot. But the opposite party failed to prove that the byelaw/constitution was given to the complainant before paying the registration fees. Ext. D2 Byelaw clearly states Article 8 admission of members and Article 5(b). But the complainant had applied for registration as life member. The complainant had never stated that he had received the byelaws and the qualification for membership. The opposite party stated that the complainant had knowing fully well that as per byelaws only a person who had passed Degree Examination or equivalent is eligible to apply for life membership and that registration fee is not refundable. But the opposite party has not produced any evidence to prove that aspect. In Ext. D1 the opposite party had not stated that Degree Examination or equivalent is the essential qualification for membership.
From the above discussions we are of the view that there is deficiency in service on the part of opposite party. Hence the complaint is allowed.
In the result, the complaint is allowed. Opposite party is directed to pay the complainant Rs. 11,236/-, the amount paid as registration fees within one month from the date of receipt of this order failing which Rs. 11,236/- carries interest @ 6% per annum from the date of default till realization.
A copy of this order as per the statutory requirements be forwarded to the parties free of charge and thereafter the file be consigned to the record room.
Dictated to the Confidential Assistant, transcribed by her, corrected by me and pronounced in the Open Forum, this the 16th day of September 2019.
Sd/-
P.SUDHIR : PRESIDENT
Sd/-
PREETHA G. NAIR : MEMBER
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C.C. No. 366/2014
APPENDIX
I COMPLAINANT’S WITNESS:
PW1 - Anish Nair
II COMPLAINANT’S DOCUMENTS:
P1 - Acknowledgement card
P2 - Copy of letter sent by complainant to O.P dated 04.06.2014
P3 - Copy of notice dated 02.08.2014
P4 - Postal receipts (3 Nos.)
P5 - Copy of statement of account
III OPPOSITE PARTY’S WITNESS:
DW1 - M.L. Unnikrishnan
IV OPPOSITE PARTY’S DOCUMENTS:
D1 - Copy of application for membership
D2 - Memorandum of Association Rules and Bye-laws
D3 - Copy of amendment to bye-laws
Sd/-
PRESIDENT
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