Date of filing : 29.01.2010<br /> 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: 31ST 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: 191 OF 2010<br /> <br /> Sri K.G. Arun Changappa,<br /> S/o SriK.B. Ganapathi,<br /> Presently R/at No.124, 1st Cross,<br /> 80 Ft. Road, Ashwathnagr,<br /> Bangalore-94. Complainant<br /> <br /> V/S<br /> <br /> 1) M/s. Country Club India Ltd.,<br /> Regd. Off at Amrutha Castle,<br /> 5-9-16,<br /> Saifabad, opp. Secretariat,<br /> Hyderabad-63.<br /> <br /> 2)M/s. Country Club India Ltd.,<br /> No.273, 1st Main, Defense Colony,<br /> Indiranagar, HAL 2nd Stage,<br /> Bangalore-38.<br /> <br /> 3) Sri Rajeev Reddy,<br /> MD, M/s. Country Club India Ltd.,<br /> Amrutha Castle, 5-9-16,<br /> Saifabad, opp. Secretariat,<br /> Hyderabad-63. Opposite parties<br /> <br /> <br /> <br /> <br /> COMPLAINT NO: 193 OF 2010<br /> <br /> <br /> Sri Prasanna Kumar,<br /> S/o Vasudevaraju,<br /> R/at No.103/29, <br /> 5th Cross, 1st Main,<br /> Bovipalya, Mahalakshmipuram,<br /> Bangalore-86. Complainant<br /> <br /> <br /> COMPLAINT NO: 194 OF 2010<br /> <br /> Smt. Bhagyalakshmi.P.<br /> W/o Prasanna Kumar,<br /> R/at No.103/29, <br /> 5th Cross, 1st Main,<br /> Bovipalya, Mahalakshmipuram,<br /> Bangalore-86. Complainant<br /> <br /> V/S<br /> <br /> 1. Country Club India Ltd.,<br /> No.675, Old Syndicate Bank Road,<br /> 9th A Main, Indiranagr,<br /> 1st Stage, Bangalore-38.<br /> Rep. by its President. <br /> <br /> 2. Country Club India Ltd.,<br /> Branch Office at no.478,<br /> Mahapadma, 1st Floor,<br /> 1st main, Indiranagar,<br /> 1st Stage, Bangalore-38.<br /> Rep.by its D.M. Executive 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 both 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 K.G.Arun Changappa is that he has paid in all Rs.2,30,000/- on different dates from 2004 to 2007 to the opposite parties towards Super Cool Membership Club. The complainant Sri Prasanna Kumar in complaint No.193/2010 has paid in all Rs.1,25,000/- for Cool Membership to the opposite parties. The complainant Smt. Bhagyalakshmi in complaint No.194/2010 she has also paid Rs.1,25,000/- for Mr.Cool Card life Membership. The complainant had submitted that the opposite parties had promised for allotment of a complimentary plot to the complainants. 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.K.G.Arun Changappa has paid Rs.2,30,000/- to the opposite parties right from 2004 to 2007 on different dates and he has produced receipts to that effect. Like wise the complainant Mr. Prasanna Kumar has paid Rs.1,25,000/- during the year 2007-2008 and he has produced the receipts to prove the payment. The complainant Smt. Bhagyalakshmi has also paid Rs.1,25,000/- she has produced receipt Rs.1,10,000/- and receipt for Rs.15,000/- in this way she has paid Rs.1,25,000/- The opposite parties never denied the payment of amount towards membership of the club. 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 the 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 /> ORDER<br /> 8. These three complaints are allowed. The opposite parties are directed to refund Rs.2,30,000/- to Sri K.G.Arun Changappa complainant in cc.No.191/2010. The opposite parties are directed to refund Rs.1,25,000/- to Sri Prasanna Kumar in cc No.193/2010. The opposite parties are directed to refund Rs.1,25,000/- to Smt. Bhagyalakshmi in cc No.194/2010 within 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 complaint 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 /> <br />