Date of Order: 10.06.2010<br /> <br /> <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: 141 OF 2010<br /> (Date of filing: 22.1.2010)<br /> <br /> <br /> Smt.Bharathi Mohan,<br /> W/o K.Mohan Rao,<br /> No.68, Basappa Layout,<br /> Pattanagere,<br /> Bangalore-98. Complainant<br /> <br /> COMPLAINT NO: 333 OF 2010<br /> (Date of filing: 18.2.2010)<br /> <br /> <br /> Sri Santosh Patnaik,<br /> No.817, 3rd Main Road,<br /> Chowdeshwari Layout,<br /> Behind Brand Factory,<br /> Marathahally,<br /> Bangalore-37. Complainant<br /> <br /> V/S<br /> <br /> Country Club (India) Ltd.,<br /> Administrative Office No.847/1,<br /> Adj. to Post office, <br /> 100 Ft. Road,<br /> Indiranagar,<br /> Bangalore-38.<br /> Rep. by its Divisional Manager. Opposite party<br /> <br /> <br /> <br /> <br /> <br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> These two complaints are clubbed together for passing common order since, the opposite parties in both the cases are one and the same and question of facts and law involved is also one and the same. Therefore, these two 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 Smt. Bharathi Mohan is that she has paid in all Rs.1,25,000/- towards membership. The complainant Mr. Santosh Patnaik has paid Rs.1,25,000/- towards membership. The complainant had submitted that the opposite party had promised for allotment of a complimentary plot to the complainants. Therefore, the complainants asked the opposite party to returned the amount with interest and cancel the membership of the club. <br /> 3. The opposite party had filed defense version admitting that the complainant has become the members of the club. The opposite party admitted the payments made by the respective complainants. The complimentary sites could not be registered due to the fault of the complainants. The complainants can not blame the opposite party. The interest claimed by the complainant can not be granted. There is no deficiency of service on the part of the opposite party. Place of allotment of complimentary site have been informed by the opposite party to all the members. The opposite party prayed 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 /> REASONS<br /> 7. It is admitted case of the parties that the complainant Smt. Bharathi Mohan has paid Rs.1,25,000/- to the opposite party, receipt for Rs.25,000/- dated 24-12-2007 and another receipt for Rs.50,000/- dated 14-3-2008 and another receipt for Rs.50,000/- dated 12-1-2009 is produced, from the receipt it is cleared that the total amount paid by him is Rs.1,25,000/-. Like wise complainant Mr.Santosh Patniak has paid Rs.1,25,000, receipt for Rs.33,000 dated 31-12-2007 is filed and another receipt for Rs.15,000/- dated 31-12-2007 and another receipt for Rs.75,600/- dated 26-2-2008 and one more receipt for Rs.1,400/- dated 27-2-2008 is produced. In this the total amount paid by Mr.Santosh Patnaik comes to Rs.1,25,000/- The complainant requested the opposite party to cancel the membership of the club and refund the amount paid by them. This Forum and other district Forums are allowing number of complaints filed against the Country Club. 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 two 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 ends of justice will 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 two complaints are allowed. The opposite party is directed to refund Rs.1,25,000/- to Smt. Bharati Mohan in CC No.141/2010. The opposite party is directed to refund Rs.1,25,000/- to Sri Santosh Patnaik, in CC No.333/2010 within 60 days from the date of this order. In the event of non compliance of the order within 60 days the above amounts carry interest at 9% p.a. from the date of filing of respective complaints 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 file. <br /> 12. 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 /> <br /> MEMBER MEMBER<br />