Date of Filing:17.11.2008<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 /> <br /> COMPLAINT NO: 2711 OF 2008<br /> <br /> Venugopal Prabhakaran Nair,<br /> S/o Late T.P. Prabhakaran Nair,<br /> R/at No. 28, ‘Bhagavathy’, 4th Main,<br /> Munireddy Layout, Horamavu, Main Road,<br /> Bangalore-560 043. Complainant<br /> <br /> V/S<br /> <br /> 1. Country Club (India) Ltd.,<br /> Corporate Office, No.8-2-703,<br /> Silver Oak, 3rd Floor, Amrutha Valley<br /> Road No.12, Banjara Hill<br /> Hyderabad 500 037<br /> Rep. by its Managing Director<br /> <br /> 2. Country Club (India) Ltd.,<br /> Administrative Office<br /> No. 78, First Floor, “Real Diamond”<br /> Near King Institute, Mount Road<br /> Guindy Chennai 600 032<br /> <br /> 3. Country Club (India) Ltd.,<br /> No.847/1, 100 ft. Road<br /> Adjacent to Indiranagar Post Office<br /> Indiranagar, Bangalore 560 038<br /> Rep. by its Branch Manager Opposite Parties<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 /> 2. The complainant has paid Rs.14,030/- towards membership package of opposite party club. Complainant received club membership card. He shocked to see the contents of the documents as same was not in accordance with the promises made to him by the representative of the opposite party. Complainant lost the confidence with the opposite party. He has been put to untold mental agony, hardship and monetary loss as such he desired to cancel the membership and has conveyed his intention to opposite party. Complainant had issued legal notice calling upon the opposite party to cancel the membership and refund of Rs. 14,030/- along with compensation. In spite of notice opposite party remains silent. Hence, the complaint.<br /> 2. Notice issued to opposite parties. Opposite parties put in appearance through advocate and defense version filed admitting the fact that, the opposite party has received Rs.14,030/- towards membership fee. Complaint is not maintainable in the eye of law. There is no deficiency in service. Hence, requested to dismiss the complaint. <br /> 3. Arguments are heard.<br /> 4. The point for consideration is:- <br /> “Whether the complainant is entitled for the refund of amount paid by him?<br /> REASONS<br /> 5. I have perused the documents and broacher of the opposite party company. As regards payment of Rs.14,030/- is concerned, there is no dispute at all. The opposite party has clearly admitted for having received the amount from the complainant. The complainant had issued legal notice canceling the membership and demanded refund of the amount with interest and compensation. In spite of notice the opposite party has not taken any steps to refund the amount. Therefore, the complainant is forced to approach this Fora for getting the justice. The defense version has been presented with the signature of the Advocate for the opposite party. The opposite party or its authorised signatory has not signed on the defense version. Therefore, such a defense version is not a legal and acceptable defense version. Therefore, whatever the case made out by the complainant shall have to be accepted. The complainant is entitled for the refund of amount paid towards the membership fee since he is not willing to continue his membership with the opposite party club for the reasons stated by him in his complaint. Therefore, the opposite party must be directed to refund the amount. The complainant has prayed Rs.50,000/- as compensation towards mental agony and hardship. On the facts of the case, this is not a case to grant compensation as claimed by the complainant. Therefore, same is rejected. 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. 14,030/- to the complainant. The complainant is also entitled to 12% interest p.a on the said amount from the date of this order till payment/realization. <br /> 7. The Complainant is also entitled for Rs. 2,000/- towards costs of the present proceedings from the opposite parties.<br /> 8. The opposite parties are directed to comply the order within 30 days from the date of this order. <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 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 />