State Consumer Disputes Redressal Commission
T.C.Sathish Kumar vs Country Vacations on 7 October, 2022
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APPEAL No.773/2019
Date of Filing :27.04.2019
Date of Disposal :07.10.2022
BEFORE THE KARNATAKA STATE CONSUMER DISPUTES
REDRESSAL COMMISSION, BENGALURU (PRINCIPAL BENCH)
DATED:07.10.2022
PRESENT
Mr K B. SANGANNANAVAR: JUDICIAL MEMBER
Mrs DIVYASHREE M:LADY MEMBER APPEAL NO.773/2019 Mr T.C Sathish Kumar S/o Late Channaveeraiah, Aged about 64 years, R/at No.3456, 1st Floor, I 'F' cross, 7th Main, Besides BMTC Depo, Vijayanagar II Stage, Bangalore-560040 (By Mr R. Govindarajan, Advocate) Appellant
-Versus-
1. Country Vacations (A division of Country Club (I) Ltd.), By Customer Care Manager No.102, II Floor, S & S Corners, Next to Kamath Hotel, Bowring Hospital Road, Shivajinagar, Bangalore-560001 Head Office:
No.3-6-367/368/369, Flat No.306, 3rd Floor, Skill Spectrum Building, Beside TTP Kalyanamantapam, Liberty 'X' Road, Himayat Nagar, Hyderabad-500029
2. Country Club India Ltd by Customer Care Manager, No.675, 9th Main, Indiranagaar I Stage, Bangalore-560038 Head Office:
Country Club Kool, 1 2 APPEAL No.773/2019 No.6-3-1219/A, Begumpet, Hyderabad-500016 (By Mr. D. Narasegowda, Advocate for R1 and R2) Respondents
-:ORDER:-
Mr K B. SANGANNANAVAR: JUDICIAL MEMBER
1. This is an Appeal filed under Section 15 of Consumer Protection Act 1986 by Complainant aggrieved by the Order dated 06.02.2019 passed in Consumer Complaint No.775/2016 on the file of IV Additional District Consumer Disputes Redressal Forum, Bengaluru (for short, the District Forum).
2. Commission examined the impugned order, grounds of Appeal, Appeal papers and heard learned counsels.
3. Let us examine the impugned order. Appellant raised a consumer Complaint on 30.05.2016 to give direction to OPs 1 and 2 to pay jointly Rs.1,72,000/- with cost and interest from 2008 alleging rendering deficiency in service in not transferring the assured site and on failure in not refunding the deposited amount.
4. The Forum below held enquiry by receiving evidence besides Ex A-1 to A 24 and B1 to B6 held complaint is barred by limitation.
5. It is found from the impugned order framing two points1) whether the complainant establishes that non-refund of membership fee of Rs.1,72,000/- and non-transfer of assured site without any charges in his favour by the OPs amount to unfair trade practice and deficiency in their service? And Point No.2 Whether the complainant is entitled for the relief as prayed for? In view of formulating these two points forum below proceed to record negative findings on both points. At the very outset from these two points formulated by the 2 3 APPEAL No.773/2019 forum below in our view, recording findings is perse incorrect. If according to forum below complaint is barred by limitation, could have raised a specific point on limitation as provided under Section 24A of CP Act, 1986 and could have record finding on the said point alone. In other word sought not have decided on the points raised which are not on the point of limitation.
6. The Forum below in Para 13 held Complainant had failed to establish that, OPs had agreed to transfer the title of the plot free of cost. Mere oral allegations are of no use, when the documentary evidence is available. The complainant has also failed to establish that the paid amount is refundable one or subject to his discretionary power to continue with the OPs and in this regard, learned counsel for Appellant brought to the notice of the Commission that as per Ex-A19 and A24 being the original reply notice given to the complainant dated 28.04.2015 and 08.05.2015 wherein OPs informed in Para 3 in Ex-A-19, further we would like to state that apart from the Holiday vacations and left time club membership we have allotted a complimentary plot measuring 1089 sq. ft. at Vedic Spa, Venture- Hindupura. With this regard, we have issued a plot allotment letter, subject to the terms mentioned in the letter and in the last paragraph informed to visit their office to collect the entire set of land documents and to complete the registration formalities, yet the Forum below failed to appreciate this reply could have held complaint filed on 30.05.2016 was perfectly in time as provided under section 24 A of CP Act 1986.
7. Learned counsel further right in submitting that Rs.1,72,000/-
paid by complainant to OPs covers a complimentary plot measuring 1089 sq. ft which was not properly perceived by the forum below. In such circumstances, it would be just and proper to remand back the matter to forum below to decide afresh formulating proper points 3 4 APPEAL No.773/2019 affording opportunity to both parties. In the result, proceed to allow the Appeal. Consequently, set aside the impugned order dated 06.02.2019 passed in Consumer Complaint No.775/2016 on the file of IV Additional District Consumer Disputes Redressal Forum, Bengaluru with a direction to decide the complaint afresh as observed except on the point of limitation as early as possible not later than three months from the date of receipt of this order.
8. Send a copy of this Order to the District Commission as well as to the parties concerned, immediately.
Lady Member Judicial Member
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