Karnataka

Bangalore 4th Additional

CC/14/1742

Sri. Mukul Mukund - Complainant(s)

Versus

The Country Club Ltd and Other - Opp.Party(s)

Sri. S. Nagabhushana & Associates

25 Apr 2019

ORDER

Complaint filed on: 14.10.2014

                                                      Disposed on: 25.04.2019

 

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.1742/2014

 

DATED THIS THE 25^th APRIL OF 2019

PRESENT

 

SMT.PRATHIBHA R.K, BAL, LLM, PRESIDENT

SMT.N.R.ROOPA, B.A., LLB, MEMBER

 

	Complainant/s	V/s	Opposite party/s
	Sri.Mukul Mukund, S/o Tarakeshwar Prasad, Aged about 32 years, No.31, Sai Bhavana Homes, 4th Main, 4th Cross, G.M.Palya, Bangalore-75.   By Sri.Adv.S.Nagabhushana	1	The Country Club Ltd., Division of Country Club (I) Ltd., Having its Administrative Office at, No.273, Defence Colony, HSAL 2nd Stage, Bangalore-560 038. Rep by its Manager
		2	Country Vacations, (A Division of Country Club) No.4, S.V.Towers, 1st& 3rd Floor, Krishnanagar Industrial Layout, Behind Christ College, Koramangala, Bangalore-560 029.   By Sri.Adv.D.Narase Gowda

 

SMT.PRATHIBHA. R.K., PRESIDENT

1.        This complaint has been filed by the complainant as against the opposite parties (hereinafter called as Ops) directing to refund entire amount of Rs.1,00,000/- towards the membership fee and maintenance amount, to refund Rs.65,000/- towards the developmental charges, to refund Rs.50,000/- towards the registration charges, to pay damages and compensation of Rs.1,00,000/- towards pain and suffering, to pay costs of this proceeding.

2.        The brief fact of the complaint is as under.

 The complainant became a Ops club member by paying Rs.1,00,000/- on 2009. The Complainant was assured by OP and its representatives that a complimentary site will be provided along with the membership in Kodaikanal and with an intention of owning a plot in the Hill station which measures about 3000sq.ft and thinking that it would serve many purposes. The Complainant agreed to become member and accordingly, the complainant became a member by paying huge amount.

2a.      The Complainant submits that upon becoming member of the club, the Opposite Party club and its representatives informed the complainant that complimentary site will be provided along with the membership near to Tumkur i.e. at Coconut Groove, at Tumkur. In this regard, the Ops have issued letter by stating that a plot has been allotted at Tumkur and demanded for the payment of Rs.50,000/- towards development charges.

2b.      The Complainant further submitted that the complainant sought for the allotment of alternate plot other than Tumkur. The Opposite Party informed the complainant that he has been allotted with a site at Kodai Hills, KodaiKanal and demanded to pay Rs.65,000/- towards development charges and the allotment letter did not disclose the location of the property or the site formed. The letter of the Opposite Party which is undated and further demanded the Complainant to pay the amount of Rs.65,000/- and Rs.50,000/- towards the development charges and registration charges in favour of its sister concern company by name M/s Amrutha Estates and the letter further disclosed that the registration of the plots would  be within 18 months from the date of full payment of membership fee and development fee etc.,

2c.      The Complainant further submitted that though 18 months of time was taken by the Opposite Party for the completion of formalities and registration of the sale deed from the date of full payment of amounts, in his favour, failed to do so even after lapse of 60 months despite sincere and honest follow up with the Opposite Party has not yielded any result. The complainant further submitted that the Complainant has not used any of the benefits of becoming member of the OP club. After he came to know about the misdeeds of the Opposite Party and its executives, tried to contact the Opposite Party, but none of them gave any responsible answer. Thereafter, the Complainant requested the Opposite Party to cancel the membership and refund the amount paid, but the same fell on the deaf ear of Opposite Party and its executives and instead of solving the issue, the Opposite Party and its executives just kept the matter dodged without assigning any reasons.

2d.      The Complainant further submitted that the Opposite Party consumed time by delaying in reverting about the request and only task managed by Opposite Party is promptly follow up by sending series of E-mails is about seeking confirmation of payment of membership fee, management charges without providing solution for the issue raised by Complainant and its details as required by the members more particularly to the Complainant. The very purpose of becoming member is not served by the attitude and negligence of the Opposite Party club and the Opposite Party is negligent to its customers when it comes to the matter of providing vacations and providing and fulfilling its promises for which consideration has been paid huge amount towards membership fees and bookings, development charges are sought well in advance.

2e.      The Complainant further submitted that the Opposite Party and its executives have falsely with dishonest intention of deceiving Complainant have induced him to become a member on false assurances and the Opposite Party has wrongly represented to Complainant assuring the facilities, complimentary sites etc., thereby playing fraud on Complainant and the Complainant do not intend to continue with membership of Opposite Party club and terminates the membership forthwith. Though the complainant came across many litigations being filed against the Opposite Party, reposed trust on Opposite Party and became a member only to know that Opposite Party is guilty of practicing unethical business tactics by keeping him under dark and defrauding him about the location and situation of layout thereby inducing him to become a member of the club renders, the Opposite Party guilty of deficiency of service and not registering the plot despite taking entire amount towards development of site or for the purpose known to the Opposite Party. The Complainant submitted that the Opposite Party failed to provide the vacation as assured and promised and which amounts to deficiency of service and negligence on the part of the Opposite Party in providing the vacations as and when requested by its customers which the Opposite Party is bound to provide and delay in providing the same would amount to deficiency of service in rendering service and also renders Opposite Party guilty of negligent towards its customers.

2f.       The Complainant further submitted that the Opposite Party has collected requisite money assuring to provide complimentary site at Kodai Hills and it has failed to do so which clearly demonstrate and proves that the Opposite Party is at the guilty of deficiency of service and negligent to its customers. The Complainant got issued a legal notice on 9.9.2014 to the Opposite Party and the same has been duly served and the Opposite Party has not even bothered to reply for the same. The Opposite Party with the malafide intention of deceiving, cheating the Complainant has not bothered to settle any of the issues as demanded by the Complainant which clearly shows that there is deficiency of service, negligent and careless about its customers and due to the unwarranted act of the Opposite Party, the Complainant has undergone enough mental tension, agony ever since from the date of becoming member by investing huge money only to suffer by the acts and deeds of the Opposite Party.  Hence, the present complaint is filed.

            3.        The notice was issued to the Opposite Parties. The Opposite Parties have appeared and filed their version by denying the contents of the complaint filed by the Complainant.    The Ops submitted that the complaint filed by the Complainant is not maintainable either in law or on facts. The complaint is also not maintainable since there is no cause of action, the complaint is vague, bald and the complaint is devoid of merits.

3a. The Opposite Party submitted that the Complainant entered into purchase agreement on 4.9.2009 and the present complaint filed by the complainant in the year 2014 i.e. after lapse of more than five years. The complaint is hopelessly barred by law of limitation. On this ground alone the complaint is liable to be dismissed by this Forum. The entire averments made in the complaint are categorically and specifically denied as false and in-correct, except which are admitted by this Opposite Party.

3b.      The Opposite Party submitted that the Complainant has paid a sum of Rs.1,00,000/- towards the club membership. However, the remaining averments made by the complainant that he has also paid Rs.65,000/- towards development and Rs.50,000/- towards registration charges is categorically denied as false and incorrect. Though the Opposite Party requested the Complainant to pay the development and registration charges, for the reasons best known the Complainant has not paid the said amount till today.

3c.      The Opposite Party further submitted that upon receipt of the above said amount, the OPs have issued the laminated club membership card to the Complainant. The Complainant has duly acknowledged the membership card issued by the OPs. Thereafter, the Ops have also issued the allotment letter on 4.9.2009 and allotted 3000 sq.ft. complimentary plot situated at Kodaikanal. The Ops have requested the complainant to remit the development charges of Rs.65,000/-. Though the Complainant acknowledged the said letter not remitted the said amount till today. However, the Opposite Party without prejudice is ready and willing to allot the complimentary plot either at Vedhic Spa, Hindupur, Penukonda, subject to deposit of the said developmental and registration charges. The Opposite Party further submitted that this court absolutely has no jurisdiction to try this complaint as there is no deficiency of service on the part of the Opposite Party and even otherwise if any the disputes between the Complainant and Opposite Party is in Civil nature and to be tried thoroughly and cannot be adjudicated summarily. On this ground alone, the complaint is liable to be dismissed.

3d.      The Ops further submitted that the Ops have issued the club membership cards in favour of the Complainant. The Complainant has entered into the purchase agreement dt.4.9.2009 with the Opposite Party. In terms of the agreement clause 9 and 13, there is no provision for cancellation of the club membership or for refund of the amount. However, the Complainant is at liberty to sell or transfer or gift the club membership to any third party. Inspite of that the Complainant for the reasons best known to him has filed the above false and frivolous complaint. Therefore, this forum has no jurisdiction to try this case. The Opposite Party denies that there is any deficiency in service on the part of the Opposite Party and mere making false allegation against this Opposite Party, will not take any case of the Complainant. 

3e.      The Ops further submitted that the Complainant has not paid the annual maintenance charges all these years and in order to avoid annual maintenance charges has filed the false and frivolous complaint before this Court with an ulterior motive and for wrongful gain and nothing else. The Complainant is not entitles for any relief as sought in the complaint. The Complainant is trying to take aid of this Forum for his illegal claim.

3f. The Ops further submitted that the complainant after enjoying the benefits and services of the club membership is trying to get the reimbursement for the expenses incurred by him by filing this complaint. As a matter of fact, the Complainant has not paid the maintenance charges to the Opposite Party from last four years. Therefore, viewed from any angle, the complaint is not maintainable and liable to be dismissed.

3g. The Ops further submitted that the main benefits for club membership and a holiday/vacation package are yearly one week accommodation in their property totally free of cost (except the services tax applicable) its more than two star facilities for a period of continuous 10 years either it is in India or abroad and this Opposite Party is always ready to provide the package to the Complainant, but there should be 30 days in advance booking to be made to make necessary arrangements. Further, the club membership is for life time and it is transferable to their family members apart from the health club for a period of 5 years. Hence, on the above ground, the Ops prayed for dismissal of the complaint.

4. In the course of enquiry into the complaint, the complainant and the OPs have filed their affidavit and reproducing what they have stated in their respective complaint and objection. Both parties have filed written arguments. The complainant has produced documents which were marked. We have heard the arguments of both sides and we have gone through the oral and documentary evidence of both parties scrupulously and posted the case for order.  

            5.        The points that arise for our consideration are:

            1) Whether the complainant proves the deficiency in service on the 

                 part of the OPs, if so, whether he is entitled for the relief sought

                 for?

            2) What Order?

 

            6.  Our answers to the above points are as under:

Point No.1 :  In the negative

Point No.2 : As per the final order for the following

 

REASONS

            7. POINT NO.1:      On perusal of the pleadings, objections, evidence and documents of both the parties, it is an admitted fact that the complainant became a member of the OP Club. The case of the complainant is that the complainant became a member of the country club on assurance of the OP that the complainant will get a free site at Kodai Kanal measuring about 3000 sq.ft. After becoming a member of the club, the Ops sent a letter specifically stated that the plot has been allotted at Tumkur and demanded to pay Rs.50,000/- towards the development charges. The complainant had sought for the allotment of site at Kodai Kanal and the Ops have demanded to pay Rs.65,000/- towards development charges and Rs.50,000/- towards registration charges in favour of its sister concern Amrutha Estates.  In this regard, the Ops have issued a letter to the complainant without mentioning the date on the letter and further in the letter, it is mentioned that they would get the above site within 18 months from the date of full payment of membership fee and development fee. After full payment made by the complainant, the Ops have not allotted the site. Hence, the complainant requested the Ops to refund the amount. To substantiate this contention, the complainant has produced the terms and conditions of allotment of complimentary plot Ex-A1 and payment receipt of Ex-A8 to A11.

8.        Per contra, the Ops have submitted that the Ops have issued letter and requested the complainant to pay Rs.65,000/- and Rs.50,000/- towards development and registration charges. Till today, after lapse of more than 5 years, the complainant had failed to pay the registration charges.

            9.        On perusal of Ex-A1, the complainant had entered into an agreement with the OP Company and become the club member on 4.9.2009. As per the payment receipt produced by the complainant Ex-A8 to A11, the complainant had made a payment of Rs.60,000/- on 11.5.2009, Rs.60,000/- on 31.8.2009, Rs.40,000/- on 30.11.2009 and Rs.50,000/- on 25.4.2010 respectively towards the Ops. Further on perusal of Ex-A1 the terms and conditions for allotment of complimentary plot issued by the OPs, it is clearly mentioned that the complainant will get the plot of 3000 sq.ft. at Kodai Kanal without consideration for the said complimentary plot. Further in that letter, it is mentioned that the plot allotted is expected to be registered in the complainant’s name within 18 months from the date of full payment of membership fee, completion of legal formalities and development charges of Rs.50,000/- paid in favour of sister concern M/s Amrutha Estates. Further, on perusal of one more letter issued by the Ops, which reads as hereunder:

Dear Mrs.Mukul Mukund on becoming a member of Country Vacations/Country Club. As a compliment you will get a plot of 363 sq.yards at our venture Coconut Groove at Tumkur. There is absolutely no consideration for the said complimentary plot.

We would register the plot in your name after completing all governmental formalities which are involved while acquiring land such as conversions, survey, layout plans etc., moreover Country Club will not be responsible for any changes in the policy of government regarding land acquisition, allotment of complimentary plots etc., the plot allotted is expected to be registered in the complainant’s name within 18 months from the date of full payment of membership fee, completion of legal formalities and development charges of Rs.50,000/- paid in favour of sister concern M/s Amrutha Estates. The venture, phase, dimensions, Plot No’s and layout plans are subject to change from the original mentioned in the brochure. Moreover any construction on the said plots has to be done through Country Club (I) Ltd. Only (i.e., construction rights vested with country club (I) Ltd. Only).

On the above two letters, it is clearly mentioned that the complainant would get the site after full payment of membership fee and development charges towards sister concern M/s Amrutha Estates. In this regard, the complainant has not produced any document to show that the complainant had paid for the development charges in favour of the OP sister concern M/s Amrutha Estates. On perusal of the receipt Ex-A8 to A11 produced by the complainant, it is seen that the complainant had paid the above said amount to the OP Club not to the sister concern. On the above facts, it is clear that the complainant had not paid the registration charges and development charges for the complimentary plot. Now the complainant without paying the registration and development charges, the complainant is estopped from seeking a refund of the amount that the OPs have not registered the site in favour of the complainant. Further, the Ops have agreed to allot a site as a complimentary without any consideration. The Hon’ble Karnataka State Commission in their order dt.12.7.2012 in Appeal No.2201/2011 held that “ The complainants have not any consideration for the complementary plots. The OP admits that they would register the plots in favour of the complainants only on payment of registration and maintenance charges and whenever the Members have paid full membership fee, they are entitled for complementary sites. The complainants are getting the facilities provided by the OP at the club and the same is not in dispute and for the complementary sites to be registered in favour of the complainants, the OP also issued the public notice requesting the complainants to contact the OP to do the needful in their favour. The parties are expected to abide by the terms and conditions executed in between them and “we are of the view that the respondent/complainants are not the consumers in so far as allotment of free sites/complimentary sites is concerned.”   

            10.      Based on the citation and the facts narrated above, the complainant has failed to prove that there is a deficiency in service on the part of the Ops.  Accordingly, we answered the Point No.1 in the negative.

            11.      POINT NO.2: In the result, we proceed to pass the following:

ORDER

The complaint filed by the Complainant is hereby dismissed.

Looking into the circumstances of the case, we direct both the parties to bear their own 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 25^th April 2019).

 

(ROOPA.N.R) MEMBER	(PRATHIBHA .R.K)       PRESIDENT

 

           

 

 

1. Witness examined on behalf of the complainant/s by way of affidavit:

Sri.Mukul Mukund., who being the complainant was examined. 

Copies of Documents produced on behalf of Complainant/s:

Ex-A1	Copy of the terms and conditions and agreement
Ex-A2	E-mail communications
Ex-A3	Legal notice dt.9.9.2014
Ex-A4-A5	RPAD Receipts
Ex-A6-A7	Acknowledgements
Ex-A8-A11	Receipt for the payment dt.11.5.2009, 31.8.2009, 30.11.2009, 25.4.2010

2. Witness examined on behalf of the Opposite party/s by way of affidavit:

Sri.Mohammed Akmal Pasha, who being the Manager of Ops was examined.

(ROOPA.N.R)    MEMBER

(PRATHIBHA .R.K)       PRESIDENT