Bangalore Urban 3rd Addl. District Consumer Disputes Redressal Forum
No.8, 6th Floor, Sahakara Bhavan, Cunningham Road, Bangalore-560 052.
Complaint Case No. CC/10/2578
1. Mr.Thippeswamy
Son of late Maranna,Aged about 37 years,Residing at No.118, 10th Main,5th cross,Shastrinagar,Bangalore-28
BEFORE:
HONORABLE T. Rajashekharaiah PRESIDENT
HONORABLE Dr. Subhashini Member
HONORABLE H.M.SHIVALINGAPPA Member
PRESENT:
ORDER
BEFORE THE III ADDITIONAL BANGALORE URBAN DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM,
BANGALORE – 560 052.
DATED THIS THE 30th DAY OF MARCH 2011
CONSUMER COMPLAINT NO.2578/2010
PRESENT:
Sri T. Rajashekharaiah, B.A. L.L.B.,
PRESIDENT
Sri. H.M.Shivalingappa, B.Sc., LL.B.,
MEMBER
Smt. Dr. Subhashini, M.B.B.S.,
MEMBER
COMPLAINANT -
Thippeswamy,
S/o Late Maranna,
Aged about 37 years,
R/at No.118, 10th Main,
5th Cross, Shastrinagar,
Bangalore-560 028.
V/S
OPPOSITE PARTY -
The Country Club (India) Ltd.,
No.675, 9th A Main, Indiranagar
1st Stage, Bangalore-560 038.
Rep by its Managing Director.
ORDER
1. This Complaint was filed on 12.11.2010 under the provisions of the Consumer Protection Act, 1986. The Complaint in brief is as hereunder: The Complainant submits that he is a member of Opposite Party holding Millionaire Premium Club Membership No.MILPB2207. The Complainant submits that the executives of the Opposite Party had promised two sites in an upcoming project at Tumkur measuring 1200 sq.ft. each and also an all inclusive trip to Goa including return air ticket for a family of 4 members on becoming member of the Opposite Party. The Complainant submits that he has paid a sum of Rs.1,15,000/- towards the membership charges and accordingly, he was allotted membership No.MILPB2207 and he was hoping to get a site in the upcoming Country Club Project at Tumkur. The Complainant submits that the Opposite Party has not kept up the promise made and they have failed to register the sites as promised. The Complainant also submits that the Opposite Party has failed to provide all the facilities they have promised. The Complainant submits that the Opposite Party has been deficient in service as they have failed to keep up the promise of registering two sites and they have also not provided the holidays as promised.
2. The Complainant submits that he has approached the Opposite Party many times that the Opposite Party has threatened the Complainant and as even tried to manhandle him. The Complainant submits that he has never utilized any facility extended under the membership and now has demanded to refund Rs.1,15,000/- which was deposited with the Opposite Party. The Complainant has also issued a legal notice dt.9.8.2009 calling upon the Opposite Parties to refund the amount, but the Opposite Party has failed to refund the amount so far.
3. The Complainant prays that the Opposite Party be directed to repay the entire amount of Rs.1,15,000/- paid towards the membership of MILPB 2207 along with 36% p.a. from the date of payment, till the date of realization. The Complainant also prays for a direction to the Opposite Party to pay a sum of Rs.1,00,000/- towards compensation and Rs.10,000/- towards the costs of the litigation. Together with the Complaint, the Complainant has produced several copies of documents.
4. The Opposite Party filed its Version and submits that the Complainant after the payment of membership fee towards the Cool Scheme, had sought for degradation of his membership from Cool Scheme to another scheme for which the membership amount is Rs.60,000/-. As per the Complainant’s request, the Opposite Party shifted the Complainant’s membership to MILPB Scheme for which the membership charges are Rs.60,000/- and had intimated the same to the Complainant. The Opposite Party submits that they had intimated to the Complainant that there is no offer for complimentary free site under MILPB and had asked the Complainant to collect the balance of Rs.15,000/- from the Opposite Party. However, the Complainant has not collected the amount of Rs.15,000/-. The Opposite Party further submits that they are ready to refund the amount of Rs.15,000/- and the Complainant can collect the same from the office of the Opposite Party. The Opposite Party further submits that the Complainant having voluntarily shifted his membership cannot now once again seek for refund of the membership on false and baseless grounds.
5. The Opposite Party further submits that the Complainant has paid only Rs.75,000/- towards membership and not Rs.1,15,000/- as alleged. The Opposite Party further submits that they have acted as per the promise, but providing all the facilities under MILPB Scheme and there is no deficiency in service. The Opposite Party prays that this Complaint be dismissed with exemplary costs.
6. Both the parties have filed their affidavit by way of evidence. At the end, this Forum heard on merits.
7. In the circumstances, the following points do arise for our consideration and decision and they are:
(i) Whether the Complainant has established the alleged deficiency of service by the Opposite Party?
(ii) If so, to what relief the Complainant is entitled?
8. Our Findings to these points are as hereunder:
i) Negative
ii) As per final order.
R E A S O N S
9. POINT NO.1:- It is the specific case of the Complainant that he had paid Rs.1,15,000/- towards the membership of MILPB 2207 of the Opposite Party-Club. It is the contention of the Complainant that the Opposite Party had promised two complimentary sites along with various other facilities at the time of becoming the member. The Complainant has produced a copy of the membership card and along with a copy of receipts for the amount paid by him. Though the Complainant has contended that he has paid Rs.1,15,000/- towards the membership, the receipts produced by the Complainant himself adds up to only Rs.75,000/-. The Complainant has failed to explain the absence of documents regarding the payment of Rs.35,000/-.
10. On the other hand, the Opposite Party has taken the contention though the Complainant had paid Rs.75,000/- initially to become member of the Opposite Party, he requested through a letter dt.3.8.2009 that his initial cool membership should be degraded to Rs.60,000/- membership card and the Opposite Party has produced the copy of the letter and has also produced copy of the letter dt.28.8.2009 written by the Opposite Party to the Complainant accepting the application of the Complainant for a Millionaire Premium Club Membership Card. The letter also acknowledges that the Complainant has paid Rs.60,000/- towards the membership and there is no balance due from the Complainant. Now, it is the contention of the Opposite Party since the Complainant has voluntarily requested for the degradation of his membership from cool membership to MILPB, the Opposite Party acted according to the wishes of the Complainant and has given him a membership MILPB2207. According to the Opposite Party, they are ready to refund Rs.15,000/- to the Complainant and have informed him the same. The Opposite Party has contended that there is no deficiency in service by them.
11. On perusal of all the documents, it is clear that the Complainant has paid Rs.75,000/- initially towards cool card membership, but eventually has asked to degrade his membership for Rs.60,000/-. The Opposite Party has complied with the request of the Complainant and has given him a membership MILPB2207. The Complainant has failed to produce any document to show that the was entitled for two complimentary free sites as a member of MILPB and it is the contention of the Opposite Party that as a member of MILPB, the Complainant is not entitled for the free sites. Hence, we are of the opinion that there is no deficiency in service by the Opposite Party and since the Opposite Party has offered to return Rs.15,000/-, the Complainant can certainly collect the amount from the Opposite Party.
O R D E R
The Complaint is dismissed, but the Opposite Party is directed to return Rs.15,000/- (Rupees fifteen thousand) to the Complainant along with interest at 12% p.a. from 14.5.2009, till repayment. The Opposite Party is granted 60 days time from this date to comply this Order. No costs.
This Order is pronounced on this the 30th day of March 2011.
Dr. SUBHASHINI H.M.SHIVALINGAPPA T. RAJASHEKHARAIAH
MEMBER MEMBER PRESIDENT
[HONORABLE T. Rajashekharaiah]
PRESIDENT
[HONORABLE Dr. Subhashini]
Member
[HONORABLE H.M.SHIVALINGAPPA]
Member