Date of Order: 31.07.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 31TH DAY OF JULY 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: 248 OF 2010<br /> (Date of filing: 05.02.2010)<br /> <br /> Sri Chaluvaraj Gupta<br /> R/at SVT Engineerings,<br /> Near Vertakara Bhavan,<br /> Double Road,<br /> Chamarajnagar-571313. Complainant<br /> V/S<br /> <br /> <br /> Country Club (India) Ltd.,<br /> No.675, 9th A Main, Indiranagar 1st Stage,<br /> Bangalore-38.<br /> Rep. by Manager. Opposite party<br /> <br /> <br /> COMPLAINT NO: 628 OF 2010<br /> (Date of filing: 24.03.2010)<br /> <br /> Mrs. Vinutha Viswanath,<br /> W/o Sri M.Vishwanath,<br /> No.L20, LIC Row House,<br /> J.P.Nagar Behind LIC office,<br /> Bangalore-78. Complainant<br /> <br /> COMPLAINT NO: 629 OF 2010<br /> (Date of filing: 24.03.2010)<br /> <br /> Sri M.Vishwanath,<br /> S/o Sri Murugaiah,<br /> No.L20, LIC Row House,<br /> J.P.Nagar Behind LIC office,<br /> Bangalore-78. Complainant<br /> V/S<br /> <br /> <br /> 1.Country Club (India) Ltd.,<br /> No.675, 9th A Main, Indiranagar 1st Stage,<br /> Bangalore-38.<br /> Rep. by Manager. <br /> <br /> <br /> 2. The Branch Manager,<br /> Amrutha Estates,<br /> (a dvn. of Country Club) <br /> No.478, “Maha Padma”,<br /> 1st Main, 1st Stage, Indiranagar,<br /> Bangalore-38. Opposite parties<br /> <br /> <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 Sri Chaluvraj Gupta has paid in all Rs.1,15,000/- in cc No.248/2010 towards Membership to the opposite party club. In cc No.628/2010 the complainant Mrs. Vinutha Vishwanath has paid in all Rs.1,60,000/- to the opposite parties. In cc No.629/2010 the complainant Mr. M.Vishwanath has paid in all Rs.1,25,000/- to the opposite parties. The complainant stated that the opposite parties club had promised complementary plots to them. It is the case of the complainants that the opposite parties 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 parties. Therefore, the complainants got issued legal notice, intimating to cancel the membership and refund the amount with interest. <br /> 3. The opposite parties have filed version in all the cases, stating that the complaint is not maintainable. There is no deficiency of service on the part of the opposite parties. The opposite parties are ready and willing to allot and register the complementary site even now also. Therefore, the opposite parties requested to dismiss the complaints. <br /> 4. The respective parties have filed Affidavit evidence and documents. <br /> 5. Arguments are heard.<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 Mr.Chaluvaraj Gupta has paid Rs.1,15,000/- to the opposite party, he has produced receipt for Rs.25,000/- dated 20-1-2007 and another receipt for Rs.90,000/- dated 13-3-2007. He has produced copy of legal notice sent to the opposite party. The opposite party never denied the payment of amount towards membership of the club. Like wise the complainant Mrs.Vinutha Vishwanath has produced receipt Rs.50,000/-dated 21-9-2006 and another receipt for Rs.65,000/- dated 5-10-2006 and another receipt for Rs.45,000/- dated 28-11-2006 is produced. In this way the total amount paid by Mrs.Vinutha Viswanath comes to Rs.1,60,000/-. The complainant Mr.M.Vishwanath has produced receipt dated 20-7-2006 for Rs.16,000/- and another receipt dated 15-7-2006 for Rs.24,000/- and receipt dated 15-6-2006 for Rs.25,000/- and another receipt dated 15-5-2006 is for Rs.25,000/- and receipt dated 5-4-2006 is for Rs.25,000/- and receipt dated 29-11-2006 for Rs.10,000/- in this way the total amount paid by Mr.M.Vishwanath towards Mr.Cool card membership comes to Rs.1,25,000/- The respective complainants have filed copy of legal notice. It is the case of the complainants that as per the commitment the opposite parties have not allotted complementary plots and documents were not registered in their favour. Therefore, they don’t want to continue with the membership of opposite parties club. They requested the opposite parties to cancel the membership and refund the amount. The payment of amount is concerned there is no dispute. The opposite parties have 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 heralds 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 ends of justice will be met in ordering the opposite parties to refund the amount received from the respective complainants. In the result, I proceed to pass the following:<br /> <br /> <br /> ORDER<br /> 8. These three complaints are allowed. The opposite parties are directed to refund Rs.1,15,000/- to Sri Cheluvaraj Gupta in cc.No.248/2010. The opposite parties are directed to refund Rs.1,60,000/- to Smt. Vinutha Vishwanath, in cc No.628/2010. The opposite parties are directed to refund Rs.1,25,000/- to Sri M.Vishwanath in cc No.629/2010 with in 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 filing complaints till payment / realization. <br /> 9. The respective complainants are entitled Rs.1,000/- as cost of the present proceeding from the opposite parties. <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 file. <br /> 12. Pronounced in the Open Forum on this 31TH DAY OF JULY 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER<br />