Complaint filed on: 10.09.2012

                                                      Disposed on: 13.09.2017

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

 1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027       

CC.No.1862/2012

DATED THIS THE 13^th SEPTEMBER OF 2017

PRESENT

SRI.H.Y.VASANTHKUMAR, PRESIDENT

SRI.D.SURESH, MEMBER

SMT.N.R.ROOPA, MEMBER

Complainant/s: -                           

Sri.Puroshothama

S/o late H.S.ShankaraNarayana Aged about 34 years,

R/at no.57/2, Anjaneya Temple Street, Narayan Shetty Pet, Bengaluru- 02

By Advocates

M/s.Gayathri Law Associates

V/s

Opposite party/s:-    

The Country Club India Ltd., No.55/1, Devarabeesanahalli, Marathahalli, Sarjapur Outer Ring Road, Varthur Hobli, Bengaluru-37.

Rep by its Managing Director

By Advocates

M/s.Sreenidhi Law Chambers

ORDER

Under section 14 of consumer protection Act. 1986.

SRI.H.Y.VASANTHKUMAR, PRESIDENT 

            The Complainant has prayed for direction against the Opposite party:

1. for cancellation of his membership no.COOLCG3508 and returning the entire amount of Rs.1,15,000/- paid by him with interest at 18% with
2. compensation of Rs.50,000/-.

          2. The case of the Complainant in brief is that believing the assurances of “free Goa trip with air tickets for six nights and seven days,” “three sites in Tumakuru district, measuring each 30”x40”” and “30 years of RCA facility with his family members, free pass etc.,” made him to become member of the Opposite party on payment of Rs.1,15,000/- in 2006 and since then, so far, despite his requests & enquiries, the assured sites near Tumakuru were not provided to him. On the other hand, alloted the sites near Penugonda of Andhrapradesh with a direction to pay the registration charges to complete the formalities. He protested the Opposite party for deviating their promises as per assurance/covenant. He has not taken any other assured benefits so far, for which also the Opposite party did not respond. His legal notice was not complied. Hence this complaint is filed.

          3. The Opposite party in his version has denied the allegations made against him and contended that the Complainant who was aware that the membership fee is non-refundable as mentioned in the application forms itself, had availed the hospitality services provided by the Opposite party, after becoming the membership with no.COOLCG3508 and failed to deposit the registration charges towards the complimentary plot alloted to him near Penugonda and has not approached the Opposite party club, to avail himself to other benefits of holiday packages, free air tickets, visits to all clubs in India.  The terms & conditions disclose that there is absolutely no consideration for the said complimentary plots offered to him. This forum has no jurisdiction to entertain this complaint. There is no deficiency on his part. The Complainant is not entitled for any relief sought for in the complaint. Hence prays for dismissal of the complaint.  

          4. The Complainant and the Opposite party filed their affidavit evidences relying on Ex-A1 to A5 and Ex-B1 to B2 documents respectively. Written arguments were filed by both the parties. The Opposite party has relied on three decisions of Hon’ble State Commission. Arguments were heard. Perused the records.    

          5. The consumer disputes that arise for consideration are as follows:

1. Whether the Complainant establishes the alleged deficiency in service by the Opposite party in not offering sites of Tumakuru District and other privileges after he became member  ?         
2. To what order the parties are entitled ?

6. Answers to the above consumer disputes are as under:

1) Negative

2) As per final order – for the following      

REASONS

          7. Consumer Dispute No.1: The undisputed facts reveal that the Complainant who paid Rs.1,15000/- total amount in August 2006 wide five receipts marked at Ex-A3, became the member of the Opposite party club, having the privilege card COOLCG3508 as per Ex-A1 and it was acknowledged by the Opposite party through letter/Ex-A2 dtd.18.08.06.

          8. It is also undisputed that the Opposite party issued legal notice to the Complainant as per Ex-A4 dtd.13.07.12 informing that as per the scheme of his membership, plot measuring 1089 sqft. was alloted in his favour and thereby he was informed through reminders and public notice in Deccan Herald/Prajavani dtd.28.05.11 to get the said complimentary plots registered in their names by paying the required registration charges and the default committed by the Complainant, made them to issue the said notice calling upon to pay the registration charges towards the alloted sites within 20 days as last chance.

          9. The Opposite party has relied on the conversion order dtd.07.12.07 as per Ex-B1 and the copy of layout/Ex-B2 to contend that the name of the Complainant is also included in the list of allottees, but he did not pay the registration charges for the alloted complementary plot.

          10. The Complainant has not issued the reply to the legal notice of the Opposite party nor issued the legal notice informing the Opposite party about his alleged eligible benefits. None of the documents show that the Opposite party had promised the complimentary sites of Tumakuru district. The alleged requirement of payment of the registration charges does not change the complimentary sites as the sites alloted for consideration to the Complainant. Complimentary sites mentioned in and supported by Ex-B1 & B2 documents disqualify the Complainant to approach this consumer forum about the relief sought for in the complaint as observed in the orders dtd.12.07.12 in connected cases starting with no.2201/2011 with other 26 complaints and order dtd.28.05.12 in the similar appeal no.3961/2011 with about 20 cases of our Hon’ble State Commission.

          11. The membership forms admitted by the Complainant disclose that full payments to be made within the stipulated period to become eligible for getting the benefits and the compliance of such terms are not established by the Complainant. The admitted terms & conditions of the club also not produced. The contention of the Opposite party that they were ready to execute the gift deed about the complimentary site was not properly rebutted by the Complainant through cogent evidence. Further contention of the Opposite party is that the membership fee is non-refundable as stated in the first para of application form in addition to the liability of the Complainant to pay the annual administration charges, service tax and other charges and the same is also not refused by the Complainant nor placed any materials to show that he has been paying the charges for the same.

          12. Regarding the other benefits namely, free package trip to Goa and other privileges of the club, the Complainant has not produced any supporting materials to show that he had applied for getting such privileges to the club authorities in accordance with the terms & conditions in advance and that the Opposite party did not consider the same. Hence in the absence of sufficient materials regarding the alleged benefits, the Complainant has failed to establish the Consumer Dispute no.1 and accordingly it is answered in the negative.

13. Consumer Dispute No.2: In view of findings of the Consumer Dispute No.1, the Complainant deserves to get the following:

ORDER

          The CC.No.1862/2012 filed by the Complainant is hereby dismissed. No order as to costs.

          Supply free copy of this order to both the parties. 

          (Dictated to the Stenographer, got it transcribed, typed by her/him and corrected by me, then pronounced in the Open Forum on 13^th September of 2017).

Copies of Documents marked on behalf of Complainant/s:

Copies of Documents marked on behalf of Opposite party/s