Date of Filing:13.04.2009 Date of Order:04.06.2009 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 04TH DAY OF JUNE 2009 PRESENT Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 851 OF 2009 A. Francis No. 807, 1st Cross Swarna Nagar Robertsonpet K.G.F. - 563122 Complainant V/S Country Club (India) Ltd. Administration Office No. 675, 9th Main, Indira Nagar Bangalore 560038 Opposite Party ORDER By the President Sri. S.S. Nagarale This is a complaint filed by the complainant stating that he has paid Rs. 50,000/- on 22.09.2008 through cheque to the opposite party. Complainant received letter from opposite party on 10.10.2008 and he was given Cool Membership No. 4648. Due to unavoidable circumstances and he had to meet expenses of marriage he decided to cancel the site purchased and he has sent letter mentioning his financial problem and he contacted opposite party over phone many times. He has visited number of times to the Country Club. Complainant faced lot of financial problem. Complainant is a middle class employee working in BEML at KGF. Complainant submitted that he is not in a position to participate in club activities. Therefore, he wants refund of money paid by him with compensation. 2. Notice issued to opposite party. Opposite party put in appearance through advocate and defence version filed admitting that the complainant has paid Rs. 50,000/- out of the total membership of Rs. 1,45,000/- towards Kool Card Membership. Opposite party even now ready to provide all the offers promised and also ready to register the site allotted in the name of complainant. There is no deficiency of service on the part of opposite party. Therefore, opposite party requested to dismiss the complaint. 3. Arguments are heard. 4. The point for consideration is: Whether the opposite party can be directed to refund the amount of Rs. 50,000/-? 5. The complainant has produced receipt dated 22.09.2008 which is for Rs. 15,000/- and he has produced another receipt of the same date for Rs. 35,000/-. In this way the complainant has paid Rs. 50,000/- to the opposite party. The complainant has paid the amount through Cheque No. 777040 of State Bank of Mysore. The opposite party has rightly and fairly admitted in the defence version receipt of Rs. 50,000/- from the complainant. The complainant has submitted that he is not in a position to pay the balance amount for getting site since he is in financial hardship and complainant has sent letter requesting opposite party to cancel his membership and asked for refund of amount. The opposite party has submitted that even now opposite party is ready to allot and register site in the name of complainant. But, in the defence version no particulars of site or layout plan is explained. Therefore, submission of the opposite party that they are ready to allot site cannot be accepted without any particulars. Complainant is not interested in getting site. He will be satisfied if the amount is refunded with interest. The opposite party has not proved or produced any documents that the complainant has availed any services from the opposite party. So under these circumstances it is just, fair and reasonable to order opposite party to refund Rs. 50,000/- with interest. In the result I proceed to pass the following: ORDER 6. The Complaint is allowed. The opposite party is directed to refund Rs. 50,000/- to the complainant along with 12% interest p.a. from 22.09.2008 till payment / realisation within 30 days from the date of this order. 7. The complainant is also entitled for Rs. 2,000/- towards costs of the present proceedings from the opposite party. 8. Send the copy of this Order to both the parties free of costs immediately. 9. Pronounced in the Open Forum on this 04TH DAY OF JUNE 2009. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER
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