RAMANADHA RAJU ALLURI Vs. MANAGING DIRECTOR

JUDGEMENT

(1.) Aggrieved by the order of the District Consumer Forum-II, Hyderabad, dated 13.12.2006 in CC.No.298/2006, the complainant preferred this appeal.

(2.) The brief facts as set out in the complaint are the complainant and his spouse entered into Memorandum of Understanding dated 20.05.1997 for availing Holiday Week at Bush Betta Holiday Ownership Wildlife Adventure Resort for a period of 90 years renewable every 30 years on mutual consent. The complainant paid an amount of Rs.1,15,000/- and got his name enrolled by opposite parties 1 and 2 as per clause 6 of Applicants Declaration of Understanding for Bush Betta Holiday Week as a Member of RCI. The complainant submitted that sine the Bush Betta failed to pay the initial membership fee, he paid Rs.5050/- vide receipt dated 13.06.2001 towards maintenance charges for two years and after making payment of such fee the RCI issued membership card. It is the case of the complainant that his wife and himself could not avail the Bush Betta Holiday Resort as the Holiday Resort was non-operational as per the periodic information provided by opposite parties 1 and 2 and RCI. As per the Brochure issued by Country Club of India Limited, Begumpet, Hyderabad the Bush Betta Resort is under their ownership and control. The complainant submitted that when he approached CCI, he was informed that his name was not mentioned in the list of members of Bush Betta Holiday Resort. The complainant submitted that the opposite parties violated the terms of irrevocable Memorandum of Understanding which amounts to deficiency in service. As there was no response to the legal notice the complainant filed the complaint seeking directions to the opposite parties to refund Rs.1,15,000/-, besides compensation and costs.

(3.) Opposite parties 1 and 2 filed counter stating that the complaint is not maintainable as it was barred by limitation since the agreement was executed on 20.05.1997 and that the complainant himself defaulted in payment of maintenance fees during the year 2000. Opposite parties denied entire payment of Rs.1,15,000/- towards consideration, however they admitted the payment of Rs.85,000/-. They further stated that on payment of full agreed sum of Rs.1,15,000/- the complainants name could be enrolled as As per clause 6 of the applicants declaration of understanding for Bush Betta Holiday Week as a member of RCI and thereafter in about 4 to 6 weeks the RCI registration shall be completed and only then the complainant is entitled to the benefits of RCI membership and Bush Betta Resorts will pay the initial two years membership fee to RCI on behalf of the complainant. They denied the allegation that the Bush Betta failed to pay the initial membership fee. They further denied that the complainant and his spouse could not avail the Bush betta Holiday Resort as the holiday facility was non-operational. The resort was very much in operational and it was not stopped even for one day. In the event of failing to make payment of fee on the specified date company shall be entitled to serve notice requiring such payment to be made within seven days and if the applicant fails to make such payment then the company at its option shall be entitled to terminate the agreement. There was no deficiency in service on their part and therefore prayed for dismissal of the complaint.