Date of Filing: 15.01.2009<br /> Date of Order: 31.03.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 31ST DAY OF MARCH 2009<br /> PRESENT<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: 140 OF 2009<br /> <br /> Giridhar Shiraguppi<br /> No. 23, I Main, NGEF Layout<br /> Nrupatunganagar, Nagarbhavi<br /> Bangalore 560 072 Complainant<br /> V/S<br /> Country Club (India) Ltd.<br /> No. 675, 9th ‘A’ Main<br /> Indiranagar I Stage<br /> Bangalore 560038 Opposite Party<br /> <br /> <br /> COMPLAINT NO: 144 OF 2009<br /> <br /> Jagadish Chandra<br /> No. 5, “Sai Lakshmi Nivas”<br /> Near Gandhi School<br /> L.G. Halli, R.M.V. 2nd Stage<br /> Bangalore 560094 Complainant<br /> V/S<br /> The Managing Director<br /> The Country Club (India) Ltd.<br /> No. 273, Defense Colony<br /> HAL Second Stage<br /> Bangalore 560 038 Opposite Party<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> These two complaints are clubbed for common disposal since the facts and law points involved in these two complaints are one and the same. The opposite party in both the cases is one and the same. <br /> The respective complainants have filed complaints against opposite party seeking refund of amount paid by them.<br /> The complainant in complaint No. 140/2009 Giridhar Shiraguppi submitted that he became member of Country Club India Ltd. on 16.06.2007 by paying Rs. 1,25,000/- towards Mr. Cool Membership. He got receipts and allotment letter of 3 sites. He got SMS regarding blocking of 3 sites. The complainant has sought refund of Rs. 1,25,000/- and cancellation of his membership.<br /> The complainant in complaint No. 144/2009 Jagadish Chandra submitted that he has paid Rs. 30,000/- under receipt No. 21921 dated 10.11.2006 and he has further paid Rs. 85,000/- in favour of opposite party through receipt No. 25511 dated 20.12.2006. He submitted that opposite party has not sent the laminated membership card or any communication regarding allotment of plots as assured. Several requests made by the complainant were gone in vain. He issued legal notice to the opposite party demanding to settle the claim. Even after the notice the opposite party did not act. Opposite party has committed deficiency in service. Opposite party has neither paid the money nor allotted the sites as assured. Therefore, complainant ultimately forced to approach the Hon’ble forum to redress his grievance. Therefore, he has prayed that the opposite party may be directed to refund Rs. 1,15,000/- with interest.<br /> 2. Notice was issued to opposite party. Opposite party appeared through counsel and defence version filed stating that opposite party is a club registered under Indian Companies Act. One of the executive of the opposite party met the complainants personally and explained about various scheme. The complainants became members of the opposite party by paying the amount for Mr. Cool Card Life Membership. It is submitted that it is the duty of the complainants to pay the registration and stamp duty charges within the stipulated period and get the site allotted in their names. Even now also opposite party is ready to register sites in favour of the complainants. Therefore, opposite party prayed to dismiss the complaint.<br /> 3. Arguments are heard.<br /> 4. During the course of argument we asked the complainants who were present at the time of hearing whether they are ready to accept the sites offered by the opposite party. Both the complainants submitted that they are not ready and willing any more to get the sites. They insisted only for refund of amount paid by them. The complainants submitted that they have lost faith in the opposite party and they do not want to continue any relationship with the opposite party and they want that their membership may be cancelled and refund order may be passed. Taking into consideration of the defence version, complaint and documents it is clear that the complainants have paid amount towards Cool Membership since the opposite party had offered complimentary sites to the members. The opposite party admittedly not allotted the sites as assured by them. Sites have not been registered in the name of the complainants till today. Therefore, the complainants do not want any sites. They want only refund of the amount paid by them with interest. The request of the complainants is quite just, fair and reasonable. If the opposite party is ordered to refund the amount received from the complainants in that case the opposite party will not be put to any hardship or injustice, since the opposite party is not favouring the complainants by refunding the amount. The opposite party will be refunding the amount received from the complainants. Therefore, it would be just fair, reasonable and proper to direct the opposite party to refund the amount to respective complainants with interest. The opposite party is bound to pay interest on the amounts received from the complainants because the opposite party has utilized the amount received from the complainants and at the time of refund the opposite party shall have to pay the interest on the amount received from the respective complainants from the date of receipt of the amount till repayment. The complainant Mr. Giridhar Shiraguppi has paid Rs. 95,000/- on 18.06.2007 and Rs. 30,000/- on 14.06.2007. In this way total amount paid by Giridhar Shiraguppi comes to Rs. 1,25,000/-. The complainant Jagadish Chandra has paid Rs. 85,000/- on 20.12.2006 and Rs. 30,000/- was paid on 10.11.2006 vide receipt No. 21921. In this way the total amount paid by him comes to Rs. 1,15,000/-. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 5. The complaints No. 140/2009 and 144/2009 are allowed. The opposite party is directed to refund Rs. 1,25,000/- to the complainant Giridhar Shiraguppi in complaint No. 140/2009 and the opposite party is directed to pay Rs. 1,15,000/- to the complainant Jagadish Chandra in complaint No. 144/2009 within 30 days from the date of this order. The opposite party is directed to pay interest at 12% p.a. on the above amounts to the complainants from the date of respective deposits till payment / realization. <br /> 6. The complainants are entitled for Rs. 1,000/- each as costs of the present proceedings from the opposite party.<br /> 7. Keep the copy of the order in connected case file. <br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> 9. Pronounced in the Open Forum on this 31ST DAY OF MARCH 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br />