Date of Filing:18.04.2009<br /> Date of Order:31.07.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 31ST DAY OF JULY 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 904 OF 2009<br /> <br /> D. Gopikrishnan<br /> (Cool Vs-3224)<br /> Caterpillar India Pvt. Ltd.<br /> Poonapalli Village<br /> Madhagondapalli Post<br /> Hosur 635 114 Complainant<br /> <br /> V/S<br /> <br /> 1. Country Club (India) Ltd.<br /> Registered Office “Amrutha Castle”<br /> 5-9.16, Saifabad<br /> Opp. Secretariat, Hyderabad 500063<br /> <br /> 2. Y. Rajeev Reddy<br /> Chairman and Managing Director<br /> Country Club India Ltd.<br /> “Amrutha Castle”, 5-9.16<br /> Saifabad, Opp. Secretariat<br /> Hyderabad 500 063<br /> <br /> 3. Y. Siddhaarth Reddy<br /> Joint Managing Director<br /> Country Club India Ltd.<br /> “Amrutha Castle”, 5-9.16<br /> Saifabad, Opp. Secretariat<br /> Hyderabad 500 063<br /> <br /> 4. Varun Reddy<br /> Chief Operating Officer<br /> Country Club India Ltd.<br /> “Amrutha Castle”, 5-9.16<br /> Saifabad, Opp. Secretariat<br /> Hyderabad 500 063<br /> <br /> 5. Anil Kumar<br /> Deputy General Manager<br /> Country Club India Ltd.<br /> “Amrutha Castle”, 5-9.16<br /> Saifabad, Opp. Secretariat<br /> Hyderabad 500 063<br /> <br /> 6. The Country Club<br /> No. 478, Mahapadma<br /> 1st Main, 1st Stage<br /> Indira Nagar, Bangalore 560038<br /> <br /> 7. The Administrative Office<br /> The Country Club<br /> # 273, 1st Main Road<br /> Defence Colony, HAL 2nd Stage<br /> Bangalore 560 038 Opposite Parties<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant for refund of Rs. 1,25,000/-.<br /> The facts of the case are that complainant has paid Rs. 1,25,000/- to the opposite parties for Mr. Cool Membership. Complainant made several requests for refund of the membership amount. The opposite parties assured that amount will be refunded within 90 days but failed to pay the amount within the time assured. Complainant caused notice to the opposite parties and demanded refund of the amount with interest. The opposite parties neither replied nor complied the demand. Hence, complainant filed this complaint for refund of Rs. 1,25,000/- with interest.<br /> 2. Notice was issued to opposite parties. Opposite parties put in appearance through advocate. Defence version filed admitting that the complainant has paid Rs. 1,25,000/- towards Mr. Cool Life Membership. The opposite parties have given public notice published in Deccan Herald newspaper on 24.06.2009 undertook speedy registration of the sites and opposite parties already registered more than 12,000 sites to members in various layouts formed by them. The opposite parties are even now ready to register site in the name of the complainant. Complainant needs to bear the registration charges for the site. Hence, there is no deficiency on the part of the opposite parties.<br /> 3. Arguments are heard. Perused the documents.<br /> 4. The point for consideration is:<br /> Whether the opposite parties can be directed to refund the amount?<br /> 5. The complainant who was present in person submitted that he is not willing and ready to accept the site. He demanded refund of the amount with interest. As regards refund of the amount there is absolutely no dispute. It is admitted fact that complainant has paid Rs. 1,25,000/- to the opposite parties through cheque dated 23.11.2007. The opposite parties have issued receipt for Rs. 1,25,000/- dated 23.11.2007. The opposite parties have given letter to the complainant on 26.05.2008. The letter reads as under:<br /> “Dear Sir,<br /> This is to inform you that as per the commitment given to you at the time of membership we are unable to honor it due to unavoidable circumstances. The membership amount paid (1,25,000/-) will be refunded to you within 90 days and the membership will be transferred.<br /> Regards,<br /> Sd/-<br /> (Anil Kumar)<br /> Dy. General Manager”<br /> 6. So by this letter it is very clear that the opposite parties have given commitment to refund the amount of Rs. 1,25,000/- within 90 days. It is the case of the complainant that even after this commitment the opposite parties have not paid the amount in spite of several requests and notice. Therefore, he was forced to file this complaint for getting justice. Taking into consideration of all the facts and circumstances of the case and the commitment made by the opposite parties it is a fit case to order opposite parties to refund Rs. 1,25,000/- with interest. The opposite parties having utilized the amount of the complainant is bound to pay just and reasonable rate of interest. On the facts of the case the interest at the rate of 10% p.a. would be just, fair and reasonable that could be awarded to the complainant. In the result I proceed to pass the following:<br /> ORDER<br /> 7. The complaint is allowed. The opposite parties are directed to refund Rs. 1,25,000/- to the complainant along with 10% interest p.a. from 23.11.2007 till payment / realization within four weeks from the date of this order.<br /> 8. The complainant is also entitled for Rs. 2,000/- as costs of the present proceedings from the opposite parties.<br /> 9. Send the copy of this Order to both the parties free of costs immediately. <br /> 10. Pronounced in the Open Forum on this 31ST DAY OF JULY 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br /> <br />