‘Consumer can’t claim refund of club fees’
The Maharashtra state consumer forum has held that a person cannot claim refund of the membership fees, if he or she voluntarily declines or withdraws membership to a club.
In an order passed on Monday, the forum said that in a case where a consumer has not been cheated, he or she does not have any remedy for recovery of the money under the Consumer Protection Act.
The consumer forum was hearing an appeal filed by the Country Club (India) Ltd. challenging an order of a district forum, directing it to refund the amount paid by one of its customers towards membership of the club.
In May 2008, the complainant, a Versova resident, Pamela Vishwanath had stated that the club had approached her claiming that she had won a lucky draw and would get membership to the club.
At the time, Ms Vishwanath had paid an amount of `2,25,000 as membership fees. The club had also promised to allot a 3,000 sq. yard-plot at Kolad in the Raigad district.
However, she claimed that she is yet to receive possession of the plot. She also said that she had read about similar frauds being committed by other clubs.
Ms Vishwanath asked the club for a refund, but was refused. The complainant then filed a consumer complaint before the district forum alleging that the club had used unfair trade practice, while giving her the deal.
During the hearing before the district forum, the club defended that the allotment of the plot was subject to a policy of the government regarding land acquisition and completion of legal requirements, like completing the necessary government formalities.
The district forum, however, had directed the club to pay Ms Vishwanath an amount of `2,55,000 with an interest of 9 per cent per annum. The club then approached the state forum against the order of the district forum.
While hearing the appeal of the club, the state forum observed that Ms Vishwanath had voluntarily declined the offer of membership and had requested for refund of the amount. Stating that Ms Vishwanath can recover the amount through another remedy, the forum set aside the order.
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