BEFORE THE TELANGANA STATE CONSUMER DISPUTES REDRESSAL COMMISSION : HYDERABAD.

FA.NO.234 OF 2020 AGAINST ORDERS IN CC.NO.386 OF 2018, DISTRICT CONSUMER COMMISSION-I, HYDERABAD Between:

M/s. Country Vacations, (A Division of Country Club India Ltd.), Rep. by its Managing Director, Amrutha Castle, 5-9-16, Saifabad, Opp: Secretariat, Hyderabad – 500063.

.…Appellant/Opp.Party And S.Appala Swamy, S/o.Late S.K.Naidu, Aged about 54 years, Occ: Retd. Services, Plot No.227, Phase II, Road No.14, Sketh Colony Secunderabad, Kushaiguda, Hyderabad -500062.

…..Respondent/Complainant Counsel for the Appellant/Opp.Party: M/s.Lad Legal Services LLP Counsel for the Respondent/Complainant: M/s.Gopi Rajesh & Associates QUORAM:

HON’BLE SMT.MEENA RAMANATHAN…IN-CHARGE PRESIDENT &

HON’BLE SRI V.V.SESHUBABU, MEMBER-JUDICIAL THURSDAY, THE FIFTEENTH DAY OF MAY TWO THOUSAND TWENTY FIVE *******

Order : (Per Smt.Meena Ramanathan, Hon’ble In-charge President)

1. This is an appeal filed by the Appellant/Opposite Party U/s.15 of Consumer Protection Act, 1986, praying this Commission to allow the appeal and set aside the orders of the District Consumer Forum-I, Hyderabad in CC.No.386/2018 dated 17.12.2019 and pass such other or orders as this Commission deems fit and proper in the interest of justice.

2. For the sake of convenience, the parties are described as arrayed in the complaint. The Appellant is the Opposite Party and the Respondent is the Complainant in CC.No.386/2018.

3. Briefly stated, the facts are that – the Complainant is a retired Executive Engineer. It is submitted that the Opposite Party issued a brochure inviting the public to deposit Rs.1,95,000/- for membership to the family members and offered a plot admeasuring 150 square yards at Pasunur Village, Nampally Mandal, Nalgonda District. The Complainant received a phone call stating that he won three gifts worth Rs.25,000/- and invited the Complainant along with his family to collect the gifts. Believing the version of the Opposite Party, the Complainant went to the office of Opposite Party at Kool Building, Begumpet, Hyderabad. The Opposite Party gave a presentation programme and made false promises offering some benefits. The Complainant was made forced to accept the life membership and it was informed that the Opposite Party have their own resorts or tie ups with other hotels and resorts in India and around the world like Switzerland, Italy, England, Paris, Singapore, Tokyo etc., where stay of 7days/6 nights is free of cost.

4. It is submitted that the Opposite Party made the Complainant to sign the Agreement forcibly without giving sufficient time to go through it. A plot bearing No.1891 in the project of Sagar Sundarvan was offered for a sale consideration of Rs.1,99,000/-. The Complainant paid Rs.1,95,000/- towards membership and complimentary plot. All of a sudden after signing the Agreement, the Opposite Party changed their version and demanded to pay Rs.59,000/- towards balance, hence, the Complainant requested to cancel the membership and refund of Rs.1,95,000/-. The Opposite Party promised to pay within short period, but failed to do so. Despite several requests and personal visits made by the Complainant, the Opposite Party failed to refund the amount. This clearly shows unfair trade practice and deficiency of service on the part of the Opposite Party. Hence, the complaint with a prayer as under:

“To direct the Opposite Party to refund Rs.1,95,000/- paid towards membership along with interest @ 24% p.a. from the date of payment till realization; to pay compensation of Rs.2,00,000/- towards damages and loss and also to pay punitive damages U/s.14(1)(d) of the Consumer Protection Act; to award costs of Rs.5,000/-.”

5. The Opposite Party filed written version denying the allegations made by the Complainant. The Opposite Party stated that the Complainant had suppressed and concealed various material facts related to the membership Agreement, as such the present complaint is liable to be dismissed w