BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023

CONSUMER COMPLAINT NO.96/2012(Rem.)

DATED ON THIS THE 17^th February 2017

      Present:  1) Sri. H.M.Shivakumara Swamy

B.A., LLB., - PRESIDENT   

    2) Smt. M.V.Bharathi                    

                                   B.Sc., LLB., -  MEMBER

                     3) Sri. Devakumar.M.C.                  

                                                          B.E., LLB.,    - MEMBER

Sri Devakumar.M.C.

Member                                       

1.     The complainants have filed the complaint under section 12 of the C.P.Act, 1986, against the opposite party, alleging unfair trade practice and deficiency in service and seeking a direction to refund the amount of Rs.3,10,000/- along with interest at 24% p.a. from September 2006, and Rs.3,00,000/- compensation towards damages, mental agony, unfair trade practice and deficiency in service with such other reliefs.
2.     The complainants have been attracted by the opposite party’s offer of allotment of a site with other benefits, deposited a total sum of Rs.3,10,000/- as and when demanded by the opposite party.  The original membership plan has been changed, with the consent of the complainant.  The opposite party promised of providing free/concessional benefits at its various clubs, located across the country.  Later, the opposite party rejected to allot a site, as suggested earlier and demanded for an additional amount towards allotment of site and registration.  Aggrieved by the delay tactics and false promises, the complainant filed the complaint seeking reliefs.
3.     The opposite party admitted the complainants are their member and also the deposit of amount towards the allotment of sites.  Subsequently, the complainants have availed the benefits at its clubs at concessional rates.  Later on failure to deposit the amount towards allotment of site and registration expenses, it has denied the allotment of site in favour of the complainants.  Further, the complainants have violated the agreed terms and conditions, as such, submits there is no deficiency in service and unfair trade practice by them and they are not liable to pay any compensation to the complainants.  Hence, prays for dismissal of the complaint with costs.
4.     To prove the facts, both parties have filed their respective affidavit evidence along with several documents.  Written arguments filed and the respective counsels submitted oral arguments.  Perusing the material on record, matter posted for orders.
5.    The points arose for our consideration are:-

1. Whether the complainant establishes the deficiency in service and unfair trade practice on the part of opposite party, in not allotting the site and in not refunding the amount deposited by them towards allotment of site and thereby they are entitled for the reliefs sought?
2.  What order?

6.    Our findings on the aforesaid points are as follows:

Point No.1 :- Partly in the affirmative.

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

:: R E A S O N S ::

7.    Point No.1:- The complainants lured by the opposite party, obtained the membership by deposit of amount, with an intention to get allotment of a site from opposite party and also to enjoy the facilities provided at various locations across the country.  The opposite party promised to allot plots in favour of the complainant on obtaining its membership and deposit of the amount, with various other benefits.  As there was no progress in the development of layout work at the specified location, the complainants expressed their dissatisfaction with opposite party.  For which, the opposite party assured to allot sites in other locations, on deposit of the balance amount as demanded within the stipulated period of time and the amount for registration of the sites.  The opposite party contended that, the complainants have failed to comply the demands within the stipulated period, as such, forfeited the amount for violated agreed terms and conditions of membership, as such, they are not entitled for the reliefs as sought and hence, prays for dismissal of the complaint.
8.    Admittedly, the complainants have deposited amount and obtained the membership of opposite party club.  The opposite party initially promised to provide various benefits at its clubs across the country, apart from allotment of a sites.  Subsequently, noticing non-development of layout at the specified locations, the complainants have demanded for cancellation of their membership and refund of the amount deposited with interest. The opposite party posing various reasons, often demanded for additional amount quoting the terms and conditions laid down in the agreement entered into between the complainants and themselves.  Dissatisfied with the attitude of the opposite party.  The complainants have demanded for refund.  Thereby, the complainants have established the unfair trade practice and deficiency in service.  As such, we opine that, the opposite party is liable to refund the amount deposited with interest to the complainant, with damages.   Accordingly, point No.1 is answered partly in the affirmative.
9.    Point No.2:- In view of the above observations, we proceed to pass the following:   

:: O R D E R ::

1. The complaint is allowed in part.
2. The opposite party is hereby directed to refund Rs.3,10,000/- with interest at 12% p.a. from the date of payment i.e. from 01.01.2007 to till this date, to the complainant, within 60 days of this order.  In default to comply, the opposite party shall pay penalty of Rs.50/- per day until compliance.
3. The opposite party shall pay Rs.2,000/- towards cost of the proceedings and Rs.3,000/- towards damages for the unfair trade practice and deficiency in service.  Failing to comply, the opposite party is liable to pay interest at 12% p.a. on the said total sum of Rs.5,000/- to the complainant, until payment made.
4. In case of default to comply this order, the opposite parties imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
5. Give a copy of this order to both parties as per rules.

(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 17^th February 2017)

                          (H.M.SHIVAKUMARA SWAMY) 

                                      PRESIDENT     

(M.V.BHARATHI)                           (DEVAKUMAR.M.C.)

      MEMBER                                         MEMBER