The forum directed the club to pay a compensation of Rs 50,000 for the "mental agony" suffered by the complainant
The Mumbai Suburban District's Additional Consumer Forum rapped the Country Club for providing "faulty services" to a customer. The forum directed the club to pay a compensation of Rs 50,000 for the "mental agony" suffered by the complainant. The forum also asked the firm to pay Rs 10,000 in litigation charges.
Narayan Chougule, a Thane resident, had purchased a club membership for Rs 81,000. He was later informed that he would be eligible for the club benefits as a member. He was also told that a plot could be purchased through the club with certain benefits in Kolad, Raigad, and decided to opt for the same. He deposited Rs 6,000 and 2,5000 for the maintenance and registration of the plot.
"The complainant was requested to be present for the registration. No one turned up. The complainant issued a notice highlighting the performance of contractual obligation. But, the club denied the complainant's claim. He (Chougule) asked for a refund of Rs 81,000," said the complaint.
The forum, after sifting through the evidence, asked the club to file its reply, to which the club said, "It is contended that the complainant was made aware that the membership fee was non-refundable. He is not eligible for a refund. The opponent admitted the receipt of only Rs 60,000. The opponent alleged that complainant only wanted to become a member to avail of the club's facilities, and not to purchase the plot. The complainant has failed to pay annual charges as per the agreement. It is stated that opponents are not aware that Rs 21,000 was paid to an one by the complainant. The allegation relating to deficiency in service has been denied."
The order maintained, "It would be in the interest of justice to direct the opponent to refund Rs 60,000, along with interest rate of 18 per cent from the date the complaint was filed, in April 2012. The facts indicate that the complainant was subjected to mental agony and financial loss.
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