Date of Filing:18.11.2008<br /> Date of Order:20.02.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 20TH DAY OF FEBRUARY 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: 2481 OF 2008<br /> <br /> Immanuel Gururatna,<br /> # 12, 1st Cross, 1st Main,<br /> Ke,mpegowda Nagar,<br /> Bangalore 560 019. Complainant<br /> <br /> V/S<br /> <br /> 1. Country Club (India) Ltd.,<br /> No. 675, Old Syndicate Bank Road,<br /> 1st Stage, Indiranagar, <br /> Bangalore-560 038.<br /> <br /> 2. Mr. Samsons, <br /> Asst. Manager-Sales & Marketing,<br /> Country Club (India) Ltd.,<br /> No. 825, 10th ‘A’ Main,<br /> 1st Stage, Indiranagar, <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.<br /> The facts of the case are that, the complainant has paid Rs.90,000/- to the complainant for Mr. Kool Card life time membership. The opposite party offered two sites at Country Club Vedic Spa Bagepalli project as per the choice of the complainant. It looked from lucrative and complainant decided to take membership. It is the case of the complainant that he has not received site allotment letter. Complainant started following it up, he tried to contact the representative of opposite party for more than hundred times. He complained to the Country Club India Ltd., and visited the office and handed over his complaint letter to B. Rajashekar, Branch Manager and explained about the cheating of Assistant Manager Mr. Samson. Complainant had decided to take membership mainly for two benefits (1) yearly one week free stay at any of the Country Club properties across the globe and (2) free lifetime CK-27 membership. Complainant does not want membership without these two benefits. Opposite party told that it is not possible to provide those benefits and complainant’s case is that, he does not want membership and demanded the return of money. The complainant alleged some facts in his complaint and deficiency in service on the part of opposite party and he is also stated that opposite party has not kept its promise and commitment. The complainant demanded for return of the money since the opposite party has failed to return the amount. He has filed this complaint seeking refund of the amount with compensation.<br /> 2. Notice issued to opposite parties. Opposite parties put in appearance through advocate and defence version filed stating that opposite party is a registered company under the Indian Companies Act. The complainant expressed his willingness to become member of the opposite party company by paying nonrefundable sum of Rs.40,000/- towards membership fee to become ‘Mr. Kool Life Membership’, but the complainant has paid only Rs.90,000/-. Balance amount of Rs. 40,000/- has to be paid by the complainant. Once he pays the amount he will get all the benefits from the County Club. It is also submitted that complainant was offered free site but the complainant did not bother to pay the registration fee, stamp duty etc.,. There is no deficiency of service on the part of the opposite party. Hence, requested to dismiss the complaint. <br /> 3. Arguments are heard.<br /> 4. The points for consideration are:- <br /> 1. Whether the complainant is entitled for the refund of amount paid by him? <br /> 2. Whether there was any deficiency in service on the part of the opposite parties?<br /> REASONS<br /> 5. I have perused the documents. The complainant has produced receipt for having paid Rs.90,000/- to the opposite party. As per defense version payment of Rs.90,000/- by the complainant is admitted. Receipt of Rs.90,000/- given by the opposite party is dated 30/08/2008. The complainant has produced letter of opposite party dated 05/09/2008. In this letter it is admitted that the opposite party club received Rs.90,000/- vide receipt No.9626. In the defense version also, the opposite party clearly admitted for having received Rs. 90,000/- from the complainant. The complainant has stated several facts in his affidavit and complaint. He has alleged deficiency in service on the part of the opposite party and as per the complainant opposite party has failed to keep up its promise and commitment. Therefore, he does not want to continue his membership with the opposite party club. He has requested for refund of the amount. The defense version has not been signed by the opposite party or its authorised representative or signatory. The defense version has been submitted only on the signature of Advocate. This kind of defense version cannot be considered and therefore whatever the facts stated by the complainant deserves to be accepted. The complainant sought for refund of the amount paid by him. The argument that amount paid by the complainant is nonrefundable cannot be accepted. This mindset on the part of the service provider requires to be changed. The service provider cannot impose this kind of condition to the members. Whatever the agreement and the conditions imposed are only unilateral in nature. The complainant is a consumer under the definition of Consumer Protection Act. Consumer Protection Act is a social and benevolent legislation intended to protect the better interest of the consumers. On the facts of the case, it can be said that the complainant is entitled for refund of the amount paid by him since he is not satisfied with the service offered by the opposite party. The complainant has prayed for grant of compensation of Rs.50,000/-. On the facts of the case it is not a case to grant compensation since the complainant has not established any mental agony or harassment. However, the complainant is entitled for refund of the amount paid by him. In the result, I proceed to pass the following:-<br /> ORDER<br /> 6. The Complaint is allowed. The opposite parties are directed to refund Rs. 90,000/- to the complainant within 30 days from the date of this order failing which the above amount carries interest at 10% p.a from the date of this order till payment/realization. <br /> 7. The Complainant is also entitled for Rs. 1,000/- towards costs of the present proceedings from the opposite parties.<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 20TH DAY OF FEBRUARY 2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br /> Rhr., <br />