RAMADEVI Vs. COUNTRY CLUB & ANR

JUDGEMENT

(1.) For the reasons stated in the application seeking condonation of delay, the delay of 67 days is condoned.

(2.) This Revision Petition has been preferred by the Complainant under Sec. 21(b) of the Consumer Protection Act, 1986 (for short "the Act") against the order 24.08.2017 passed by the Telangana State Consumer Disputes Redressal Commission at Hyderabad (for short "the State Commission") in First Appeal No. 81 of 2014 against CC No. 471 of 2012 passed by the District Consumer Disputes Redressal Forum-1 Hyderabad (for short "the District Forum"). The facts in brief are that the Complainant was invited by the 1st Opposite Party to join as a Life Member and was told that with the life membership in the first Opposite Party (hereinafter referred to as "the Club") she would be allotted a residential plot admeasuring 150 sq. yards in the second Opposite Party venture. Based on the assurances given by the Opposite Parties she joint as a Member in the Club and paid an amount of Rs. 40,000.00 on 05.12.2007. She was allotted Membership No. MNLM-3601. The second Opposite Party issued a letter of allotment dated 14.12.2007 to the Complainant along with the tentative lay-out plan intimating that the plot No. 4175 admeasuring 150 sq. yards as per the scheme was allotted in her name. The Complainant was informed that a sum of Rs. 15,000.00 was to be paid towards development/betterment and maintenance charges for laying all internal roads, electricity, water and sewage facilities. It was averred that the Complainant visited the proposed venture and observed that there was no approach road at all to see the plots, nor were the employees present to show the location. The alleged venture was looking like a forest and from the date of allotment till the date of filing of the Complaint i.e. till 2012 the position was the same as it was in the year 2007 when the amount was paid. Despite several requests the Opposite Parties could not inform the Complainant regarding the development of the said venture. Vexed with the attitude of the Opposite Parties, Complainants sought refund of the amount paid by her i.e. Rs.40,000.00 but there was no response. A legal notice was issued on 06.04.2012 seeking refund of Rs.40,000.00 along with interest @ 24% p.a. from the date of payment i.e. 05.12.2007 till the date of realization, but there was no response. Hence the Complaint seeking directions to the Opposite Parties to refund the amount paid along with interest, compensation and costs.

(3.) The Opposite Parties filed their Written Version stating that the amount of Rs. 40,000.00 paid by the Complainant on 05.12.2007 was towards part payment of the membership fee which is not refundable and that the total amount was Rs. 75,000.00 and the balance of Rs. 35,000.00 was to be paid within 30 days which the Complainant had failed to pay. It was admitted that a letter of allotment dated 14.12.2017 for plot No. 4175 admeasuring 150 sq. yards was issued to the Complainant and a request was also made to pay a sum of Rs. 15,000.00 towards development/betterment and maintenance charges. The Complainant had failed to pay the demanded amount of Rs. 15,000.00 and, therefore, the Gift Deed could not be executed. The Complainant had signed the terms and conditions for allotment of a complimentary plot on 05.12.2007 after going through the terms and conditions and, therefore, does not have any right to demand any registration. The plot was to be registered within 18 months from the date of fulfillment of membership fee, completion of legal formalities, subject to payment of the development charges. Hence there is no deficiency of service on their behalf and they seek dismissal of the Complaint with costs.