Date of Filing:14.02.2008<br /> Date of Order: 14.05.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> Dated: 14TH DAY OF MAY 2008<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 /> <br /> <br /> COMPLAINT NO: 431 OF 2008 <br /> <br /> <br /> K.P. Nazeema(Cool CG 5080),<br /> No.244, Mottappapalya,<br /> Indiranagar II Stage,<br /> Behind SSB English School,<br /> Bangalore-560038. Complainant<br /> <br /> V/S<br /> The Country Club India Limited,<br /> No.273, I Main Road, Defence Colony,<br /> HAL II Stage, Bangalore-560038. Respondent<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant seeking cancellation of membership and refund the amount.<br /> The facts of the case are that, the complainant joined CCIL-COOL Card Life Membership (CCOOLCG 5080) in November-2006 by paying Rs.1,15,000/- and received card for her and her husband. The complainant visited twice to the opposite party office and given photo and birth certificate, but till date no news about the card. The complainant received communication on letter head after five months on complimentary 1089 sq.ft., land only. When called to the respective customer care for Goa visit, they were asked to pay Rs.3,000/- per head per day though it was complimentary as given in writing. When they conveyed their unhappiness over the services offered, the opposite party passes us to different people, phones and offices and nothing positive happened. After going through all this false promises and practices, the complainant request the opposite party to immediately cancel and transfer the membership and refund the amount.<br /> 2. Notice was issued to opposite party by RPAD. In spite of service of notice the opposite party remained absent and placed exparte. <br /> 3. Affidavit evidence of complainant filed. Perused the affidavit and documents. Arguments heard. <br /> <br /> 4. The point for consideration is:-<br /> Whether the opposite party can be ordered to refund the amount?<br /> <br /> REASONS<br /> <br /> 5. In connected matters this Forum already disposed of complaints directing the Country Club India Limited to refund of Rs.1,15,000/- and in pursuance to the order the opposite party Club had already paid the amount to the respective complaints. Therefore, in this case also, the opposite party can be directed to pay membership fee of Rs.1,15,000/- + administrative charges of Rs.3,660/- to the complainant. The complainant has produced the receipt for Rs.3,660/- and he has also produced receipt of payments made by him. Therefore, the case made out by the complainant has gone unchallenged. The opposite party has not appeared and contested the matter. In connected matters the opposite party club had already complied with the orders passed by this Forum and paid the amount to the other members. Therefore, in this case also I hope the opposite party club makes refund of the amount to the complainant immediately after receipt of the order. In the result, I proceed to pass the following:-<br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party club is directed to refund Rs.1,15,000 + Rs.3,660/- to the complainant. The opposite party is also directed to pay Rs.2,000/- towards costs of the present proceedings. <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 14TH DAY OF MAY 2008.<br /> <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br /> <br /> <br />