Date of Filing:13.07.2009<br /> Date of Order:31.08.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 31ST DAY OF AUGUST 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: 1647 OF 2009<br /> <br /> K.R. Sudhir,<br /> No.24, Rajasimha near<br /> Kengeri Govt Hospital,<br /> Fort Kengeri, Bangalore-560 053. Complainant<br /> <br /> V/S<br /> <br /> Country Club (India) Ltd.,<br /> No. 273, Main Road,<br /> Defence Colony,<br /> HAL II Stage, Bangalore 560 038,<br /> Represented by its Chairman. Opposite Party<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986. <br /> The case of the complaint is that, he has paid in all Rs. 1,10,000/- towards Mr. Cool Card Members Ship to the opposite party. The complainant submitted that, he has not availed any services from the opposite party club and the opposite party has not maintained its commitment in giving service to the complainant and allotment of complimentary site. The complainant demanded for refund of the amount and cancellation of the membership since the opposite party has not responded to his request, has approached this Forum requesting to direct the opposite party to refund Rs. 1,10,000/- with interest. <br /> 2. Notice was issued to opposite party through RPAD. Notice was served. The opposite party appeared through Advocate and filed defence version admitting that the complainant has paid Rs.1,10,000/- towards Mr. Cool Card Membership. The opposite party submitted and admitting that a complimentary or gift site shall have to be given to the complainant and even now also the opposite party is ready to give site in the name of the complainant. The complainant has to pay the stamp duty and registration fee. Therefore, the opposite party requested to dismiss the complaint.<br /> 3. Perused the complaint and documents. Heard the arguments. <br /> 4. In the light of the arguments advanced before us following point arise for consideration:<br /> Whether there was any deficiency in service on <br /> the part of opposite party?<br /> <br /> 5. The complainant has produced documents and receipts of payment made by him. As per the documents it is clear that the complainant has paid in all Rs. 1,10,000/- to the opposite party. As regards the payment of amount there is absolutely no dispute. The opposite party has fairly and rightly admitting in the defence version that he has received the total amount of Rs. 1,10,000/- from the complainant. The defence of the opposite party is that, even now it is ready to give complimentary site to the complainant as per the commitment but, the opposite party has not produced any layout plan and document in respect of formation of layout. The opposite party has not come with a specific case or sites are being ready for allotment and registration. The mere statement in the defence version without any documents cannot be accepted. The complainant submitted that he is not interested in getting the complimentary site and requested for refund of the amount with interest. The complainant wants cancellation of his membership and requested that opposite party be directed to refund the amount. The complainant submitted that he has not availed any service as promised by the opposite party. Under these circumstances, there was deficiency in service on the part of the opposite party. The opposite party is bound to refund the amount with interest since the opposite party had utilised the amount. It is just, fair and reasonable to pay the interest on the amount received from the complainant. In the result, I proceed to pass the following: <br /> <br /> ORDER<br /> 6. The complaint is allowed. The opposite party is directed to refund Rs.1,10,000/- to the complainant along with interest at 9% p.a from the date of respective payment made by the complainant till refund of the amount. <br /> <br /> 7. The complainant is also entitled for Rs. 2,000/- towards costs of the present proceedings from the opposite party. <br /> <br /> 8. Send the copy of this Order to both the parties free of costs as statutory requirements. <br /> <br /> 9. Pronounced in the Open Forum on this 31ST DAY OF AUGUST 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br /> rhr.,<br /> <br />