Date of Order: 30.10.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 30TH DAY OF OCTOBER 2010<br /> <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: 1115 OF 2010<br /> (Date of filing : 15.05.2010)<br /> <br /> Sri D.S. Deepak,<br /> C/o Koten Developers & Construction<br /> India Pvt., Ltd.,<br /> Ten Centre, No.600, 3rd Floor, 7th Main,<br /> 16th Cross, HMT Layout,<br /> Viodyaranyapura Main Road,<br /> Bangalore-97. Complainant<br /> <br /> V/S<br /> M/s. Country Club (India) Ltd.,<br /> No.847/1, adj. to post office,<br /> 100 Feet Road, Indiranagar,<br /> Bangalore-38.<br /> Rep. by its M.D. Opposite party<br /> <br /> COMPLAINT NO: 1186 OF 2010<br /> (Date of filing : 25.05.2010)<br /> <br /> Sri B.M. Shivaraju,<br /> S/o Mayanna,<br /> R/at No.219, 1st Cross,<br /> Maruthi Nagar, Bapuji Nagar Extn.<br /> Mysore Road, Bangalore-26. Complainant<br /> <br /> V/S<br /> M/s. Country Club (India) Ltd.,<br /> No.675, old Syndicate Bank Road,<br /> 1st Stage, Indiranagar, Bangalore-38. <br /> Rep. by its Manager. Opposite party<br /> COMPLAINT NO: 1550 OF 2010<br /> (Date of filing : 09.07.2010)<br /> <br /> Mr.N.Chowdareddy,<br /> R/at No.98, C Block,<br /> New Kalasipalya Market,<br /> Bangalore-2. Complainant<br /> <br /> V/S<br /> The Country Club <br /> (A Division of Country Club (India) Ltd.,)<br /> Admn. Office at No.273, Defence Colony,<br /> HAL II Stage, <br /> Bangalore-38.<br /> Rep. by its MD Opposite party<br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> These three complaints are clubbed together for passing common order since, the opposite parties in all the cases are one and the same and question of facts and law involved is also one and the same. Therefore, these three cases can be conveniently disposed off by passing common order. <br /> 1. The respective complainants have filed complaints under section 12 of the Consumer Protection Act. <br /> 2. The case of the complainant in cc No.1115/2010 Sri D.S. Deepak is that he has paid in all Rs.1,45,000/- towards Club Membership to the opposite party. The complainant Sri B.M. Shivaraju in cc.No.1186/2010 has paid in all Rs.1,05,000/- for club Membership to the opposite party. The complainant Sri N.Chowdareddy in cc.No.1550/2010 has paid in all Rs.1,07,110/- for club Membership to the opposite party. The complainants have submitted that the opposite party had promised for allotment of a complimentary plot to the complainants. It is the case of the complainants that the opposite party club not maintained its commitment and obligation and the complementary plots have not been allotted and registered in their favour as per promise of the opposite party. Therefore, the complainants got issued legal notice, intimating to cancel the membership and refund the amount with interest and compensation.<br /> 3. The opposite party has filed version in all the cases, stating that the complaints are not maintainable. There is no deficiency of service on the part of the opposite party. The opposite party is ready and willing to allot and register the complementary site even now also. The complainants have enjoyed the facilities provided by the opposite party. The opposite party has providing good services to the members. Order for refund would cause loss to the opposite party. Therefore, the opposite party requested to dismiss the complaints. <br /> 4. The respective parties have filed Affidavit evidence and documents. <br /> 5. Arguments are heard.<br /> <br /> 6. The points for consideration are:<br /> 1. Whether the complainants have proved deficiency of service on the part of opposite party?<br /> 2. Whether the complainants are entitled for refund of amount paid by them? <br /> <br /> <br /> REASONS<br /> 7. It is an admitted case of the parties that the complainant in cc No.1115/2010 Mr.D.S.Deepak has produced receipts for Rs.1,45,000/-. Like wise the complainant in cc No.1186/2010 Mr.B.M. Shivaraju has produced receipts for Rs.1,00,000/-. Like wise the complainant in cc No.1550/2010 Mr. N.Chowdareddy has produced receipts for Rs.1,07,110/-. The complainants have paid certain amount as stated above to the opposite party for club membership. The amount was paid on different dates. The opposite party never denied the payment of amount towards membership of the club. The respective complainants have filed receipts passed by the opposite party to prove the payment made by them. It is the case of the complainants that as per the commitments the opposite party has not allotted complementary plots and documents were not registered in their favour. Therefore, they don’t want to continue with the membership of the opposite party club. They requested the opposite party to cancel the membership and refund the amount. The payment of amount is concerned there is no dispute. The opposite party has submitted that even now it is ready to allot the plot and register the document. But, the complainants are not ready to accept the plots at this stage and requested only to refund the amount. The Hon’ble State Commission in appeal No.3106/2009 decided on 11-3-2010 between S.M. Saqquaf v/s Country Club confirmed the order of this forum for refund of the amount. Therefore, there are no any legal hurdles to allow the complaints. Therefore, these three complaints are also liable to be allowed. Not registering the complimentary site in favour of the respective complainants as per the commitment amounts deficiency of service. The complainants being consumers under the Consumer Protection Act, their interest requires to be protected by passing order for refund. The complainants have prayed for grant of compensation. On the facts of the case these are not fit cases to grant compensation. The complainants have prayed for grant of past interest from the date of respective payments made by them, admittedly there is no agreement or clause in the agreement for payment of interest on the refund amount. These amounts are the membership fee paid to the club and now the complainants prayed for cancellation of membership and refund of the amount paid by them. Therefore, the complainants are not entitled for interest on the refund amount from the date of respective payments. Since, there is no contract between the parties for payment of interest. The present transaction is also not commercial transaction, so as to claim the interest on the refund amount. The ends of justice will be met in ordering the opposite party to refund the amount received from the respective complainants. In the result, I proceed to pass the following:<br /> ORDER<br /> 8 These three complaints are allowed. The opposite party is directed to refund the following amounts to the respective complainants. <br /> Sl.<br /> NO. Complaint No. Name of the Complainant Refund Amount<br /> <br /> 1. 1115/2010 D.S. Deepak Rs.1,45,000/-<br /> 2. 1186/2010 B.M. Shivaraju Rs.1,00,000/-<br /> 3. 15502010 N.Chowdareddy Rs.1,07,110/-<br /> <br /> The Opposite party is directed to comply the order within 60 days from the date of this order. In the event of non compliance of the order within 60 days the complainants are entitled interest at 9% p.a. on the above amounts from the date of complaint till payment / realization. <br /> 9. The respective complainants are entitled Rs.1,000/- as cost of the present proceeding from the opposite party. <br /> 10. Send the copy of this Order to both the parties free of costs immediately. <br /> 11. Keep the copy of the order in connected case files. <br /> 12. Pronounced in the Open Forum on this 30TH DAY OF OCTOBER 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings <br /> <br /> MEMBER MEMBER<br /> <br />