Consumer protection act
niranjankumar
(Querist) 18 March 2013
This query is : Resolved
I am a member of a country club since 2002.The club introduced a scheme during the year 2006 that if member like me paid Rs.4 lakhs such member shall be alloted a complimentary plot of 5000 sq.ft.in golf village.I paid the amount including registration charges.But the club failed to form golf ground and layout.Hence I filed a complainant before the District forum.But DF dismiised the case on the ground that I am not a consumer u/s 2(d) of CP Act.My question is whether a member of a club is a consumer or not? The club has failed to provide Golf ground facility.So is it not a deficiency in service? Pls. answer me.
Advocate M.Bhadra
(Expert) 18 March 2013
THE INDIAN EXPRESS 30,Mar,2011
The Pune district consumer disputes redressal forum (consumer court) recently ordered Country Club (India) Limited to pay compensation of Rs 1.75 lakh with 9 per cent interest from May 2009 to Manojkumar Chaurasiya for the Club's inability to provide some of the promised amenities.
The complainant Manojkumar Chaurasiya, a resident of Sinhgad road was promised lifetime membership of Country Club on payment of Rs 2.1 lakh that included entry at various partner-clubs in an outside India, 20 per cent discount in Hotel Amruta Castel, discount in lodging at select Indian and foreign hotels, shopping centres in India, Rs five lakh accident insurance along with Rs 1089 sq feet land demarcated for Vedic Spa in Bangalore for free. After going through the offer, Chaurasiya paid Rs 1.75 lakh towards membership fee. However, when Chaurasiya checked on the internet and later travelled to Bangalore, he found out that there was no land for Vedic Spa. He therefore cancelled his membership with the Country Club and demanded reimbursement of Rs 1.75 lakh that he had paid towards membership fee.
When he received no response, he filed a consumer complaint on August 3, 2009. Chaurasiya pleaded his case by himself.
The defendant argued that Chaurasiya had not paid the remianing amount out of Rs 2.1 lakh, which is why he was denied membership. However, Chaurasiya proved that he received no notice(s) from the Country Club that he needed to pay the remaining amount to confirm his membership.
The consumer court panel comprised president Anjali Deshmukh, and members Sulabha Joshi and Jawahar Naik.
Raj Kumar Makkad
(Expert) 18 March 2013
The given citation is not applicable in your case. Being member, there may be disputes which are required to be settled either by way told in the bye-laws or a civil remedy is available. File a civil suit in the given case as appeal shall be futile exercise.
Devajyoti Barman
(Expert) 18 March 2013
Without seeing the your agreement it is difficult to advise The consumer case seems not maintainable.
File case for damages on breach of contract.
prabhakar singh
(Expert) 18 March 2013
MISCONCEIVED PHENOMENA.
SUIT LIES BUT NOT COMPLAINT IN FORA .
Raj Kumar Makkad
(Expert) 19 March 2013
If clause of compensation is available in bye-laws only then the jurisdiction of fora starts otherwise civil suit for damages has to be filed and only understanding may be conceived in such matter of some one not of law.
