PRESENT

                   Complainant by Adv.Shri. Harish Bhatia present.    

                    Opponent by Adv. Shri.Prasad Apte present.                    

ORDER

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

1. The Complainant has filed the complaint against the Opponent for deficiency-in-service as per section 12 of Consumer Protection Act, 1986.
2. The complainant states that opposite party is a public limited company. He became member of Cool Golf Village on the assurance of opposite party of providing various services on payment of money.
3. The complainant paid Rs.3,50,600/- for becoming a member.
4. The complainant stated that opposite party allotted the plot bearing no. 6 admeasuring 3000 sq.ft at Kolad against payment of Rs. 3,50,600/- . The allotment of the plot was for the purpose of construction of a Villa thereon.
5. The complainant stated that he paid all the moneys agreed to be paid to the opposite party towards the grant of membership and allotment of plot except registration and stamp duty charges. The opponent failed to execute registration and started illegally demanding extra money.
6. The complainant states that opponent failed and neglected to issue two way tickets to complainant and his family member as per agreement.
7. The complainant sent  the legal notice dated 18-05-11 calling upon the opposite party to put the complainant in the possession of the plot and to comply the terms and conditions of the agreement.
8. The complainant prayed that opponent be directed to put him in possession of plot no. 6 admeasuring 3000/- sq.ft. He further prayed for direction to opponent to issue two return tickets for Goa as well as compensation of Rs. 1,30,000/- for mental agony and cost of the complaint.
9. The opposite party filed written statement and denied the claim filed by Complainant.  The opposite party state that complainant is not consumer and complaint is not maintainable as per law.
10. The opposite party states that as per agreement only courts of Hyderabad and Secunderabad will have jurisdiction in case of disputes arising if any.
11. The opposite party states that complainant failed to fulfill the terms and conditions of the membership.
12. The opposite party stated that as far as allotment of plot is concerned their role is limited as the allotment of plot was subject to policy of government regarding the Land acquisition, plotting, layout etc.
13. It is contended that free plot is a gift which does not have any kind of consideration.
14. The opposite party submitted  that  a  letter for allotment of plot was complementary as per agreement. It is prayed that complaint be  dismissed with cost.
15. We have perused complaint, written statement, as well as all the documents produced on record.
16. During the hearing of complaint we have requested the parties for amicable settlement. The settlement was not arrived at between the parties. Admittedly complainant became the member of the club on payment of Rs. 3,50,600/- and the membership card was issued to the complainant.
17. The main contention of the complainant is that opponent failed to render service as per the agreement of membership.
18. The opposite party submitted that complainant committed the breach of the terms of the agreement.
19. On perusal of the documents  it is evident that opposite party had allotted to the complainant the plot bearing no.6 admeasuring 3000 sq.ft at Kolad on 21-05-2007. It is pertinent to note that opponent has not till this date given the possession of the said plot. The opponent has taken the stand 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 for getting the clearance from competent authorities for giving the possession of the plot to the complainant.
20. We are of the opinion that opponent was under an obligation to act fairly with the complainant and was expected to take reasonable steps within proper time to handover the possession of the plot to the complainant.
21. The opponent on the other hand stated that complainant is not entitled for the said plot as the allotment was made as a complementary gift. The opponent is not permitted to take such stand as per legal and equitable considerations.
22. We are of the opinion that opponent is guilty for unfair trade practice as well as deficiency in service by depriving the complainant of his legal right vested in him as per agreement.
23. We are of the opinion that opponent is 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.
24. In view of the facts and circumstances of the case, we feel it proper in interest of justice to direct the opposite party to refund the total amount paid by complainant with compensation and cost.
25. The complainant was subjected to wrongful loss due to wrongful gain by the opposite party. The complainant has become a victim of unfair trade practice adopted by the opposite party. We hold that complainant is entitled for compensation for mental agony to the amount of Rs. 1,00,000/- and Rs. 10,000/- as cost of complaint.
26. In the result we pass the following order.

                             ORDER.

1.      Complaint No. 330/2011  is partly allowed.

2.      The opposite party is order to pay Rs. 3,50,600/- with interest @ 18 % p.a

        from the date of filling of the complaint i.e 15^th July 2011.

3.      The opposite party is  further directed to pay Rs. 1,00,000/- as compensation

        for mental agony with interest @ 9% p.a from the date of receipt of this

        order till realization.

4.       The opposite party is  further directed  to pay Rs. 10,000/- to complainant

          as a cost of  this complaint.   

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