Date of Filing: 07.12.2009<br /> Date of Order: 15.06.2010<br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 15TH DAY OF JUNE 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: 2880 OF 2009<br /> <br /> Mr. Sai Natesan<br /> No.306, 3rd Floor,<br /> Dheeral Manor, Near Gurudwara,<br /> Opp. Ulsoor Lake,<br /> Kensington Road,<br /> Bangalore-8. Complainant<br /> <br /> <br /> V/S<br /> <br /> M/s. The Country Club (India) Ltd,<br /> No.675, 9th A Main,<br /> Indiranagar 1st Stage, <br /> Bangalore-38.<br /> Rep. by its Chairman & MD Opposite party<br /> <br /> <br /> ORDER<br /> <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 brief facts of the case are as under, the complainant has paid in all Rs.5,79,000/- to the opposite party for Mr. Cool Golf Village Card Member Ship of the Club. The opposite party had given offer for allotment of complimentary sites. The opposite party had given receipts to evidence the payment. The complainant had also paid Rs.30,000/- for stamp duty and registration charges through cheque on 14-4-2007. The complainant has put in his hard earned money to become member of the opposite party. The opposite party has failed to keep up its promises. The complainant has not received complimentary plots as per the commitment. The complainant has sent in a Member Request Form requesting for refund of amount paid by him. The complainant does not wish to continue the member of the opposite party and seeks for refund of amount. Legal notice was sent to the opposite party. The complainant is entitled for refund of Rs.5,79,000/- from the opposite party along with compensation and interest. <br /> 2. The opposite party has filed defense version stating that, the complainant has paid under Mr. Cool Category. The opposite party undertakes to register the complimentary sites in favour of the complainant at the earliest. The opposite party denied deficiency of service on their part. The opposite party denied its liability to pay compensation and interest. <br /> 3. The respective parties have filed Affidavit evidence and documents. <br /> 4. Arguments are heard.<br /> 5. The points for consideration are:<br /> 1. Whether the complainant has proved deficiency of service on the part of opposite party?<br /> 2. Whether the complainant is entitled for refund of amount paid by him? <br /> 3. Whether the complainant is entitled for compensation claim?<br /> <br /> REASONS<br /> 6. It is admitted case that, the complainant has paid in all Rs.5,79,000/- including stamp duty and registration expenses. The complainant has produced total 5 receipts issued by the opposite party as per the receipts and documents it is very clear that the complainant in all has paid Rs.5,79,000/- to the opposite party. As per the case of the complainant the opposite party has failed to register sale deed of plots in his favour, even though the complainant has several times requested the opposite party. Therefore, the complainant has sent cancellation letter of membership and requested the opposite party to refund of amount paid by him. Even though the complainant has paid Rs.30,000/- towards stamp duty and registration expenses on 14-4-2007. The opposite party fail to execute sale deed of the plots as per the commitment. Therefore, the complainant has lost trust and hope, therefore, he does not want to continue his membership with the opposite party club. The complainant demanded for refund of the amount with interest and compensation. Non registration of the plots as per the commitment amounts deficiency of service on the part of the opposite party. When the complainant does not want to continue the membership there is nothing wrong to direct the opposite party to refund the amount received from the complainant. 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 heralds to allow the complaint. This forum and other forums have disposed off number of complaints against Country Club directing refund of amount with reasonable interest. Therefore, this complaint is also liable to be allowed. The complainant being consumer under the Consumer Protection Act, his interest requires to be protected by passing order for refund. The complainant has prayed for grant of compensation of Rs.5,00,000/- there is no basis to claim compensation in this case. The complainant has not established as to how he has suffered mental agony so as to claim compensation from the opposite party. Therefore, the complainant is not entitled for any amount of compensation. The ends of justice will be met in ordering refund of amount with reasonable interest. In the result, I proceed to pass the following:<br /> <br /> ORDER<br /> <br /> 7. The complaint is allowed. The Opposite party is directed to refund Rs.5,79,000/- to the complainant within 60 days from the date of this order. The opposite party is also directed to pay interest at 6% p.a. on the above amount from the date of filing this complaint till refund / realization. <br /> <br /> 8. The complainant is also entitled for Rs.2,000/- as cost of present proceedings from the opposite party. <br /> <br /> 9. Send the copy of this Order to both the parties free of costs immediately. <br /> 10. Pronounced in the Open Forum on this 15TH DAY OF JUNE 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br />