Date of Filing:17.09.2008<br /> Date of Order:29.11.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 29TH DAY OF NOVEMBER 2008<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 /> <br /> <br /> COMPLAINT NO: 2043 OF 2008<br /> <br /> Syed Suhale Perveez,<br /> No.908, 5th Cross, Oil Mill Road,<br /> Lingarajapuram,<br /> Bangalore 84. Complainant<br /> <br /> V/S<br /> Country Club (India) Limited<br /> No. 675, 9th ‘A’ Main, Indiranagar,<br /> I Stage, Bangalore-38. Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant seeking refund of Rs.1,15,000/- with interest and costs.<br /> The brief facts of the case are that the complainant has paid Rs.1,15,000/- to the opposite party towards Mr.Cool Membership Scheme. The amount has been paid on 13/12/2006 and on 23/03/2007. The complainant was promised that he will get membership card and a site of 2000 sq.ft., dimension at the Coconut Grove Club. It is the case of the complainant that two years have passed and the site has not register the site in his name. Upon contacting the opposite party the complainant is not getting satisfactory response. Therefore, the complainant submits that opposite party company be directed to pay back his membership fee.<br /> 2. Notice was issued to opposite party. The opposite party put in appearance through advocate. Defence version filed admitting that the opposite party has received Rs. 1,15,000/- from the complainant towards Cool Club Membership. As per the scheme every member gets a complimentary free site. Opposite party is ready to allot site to the complainant. Due the stoppage of conversion of lands by the Government opposite party could not allot the site. There is no deficiency in service. Therefore, opposite party prayed to dismiss the complaint.<br /> 3. Affidavit evidence of opposite party filed. Arguments are heard.<br /> 4. The point for consideration is:<br /> 1. Whether there was any deficiency in service on the part of the opposite party?<br /> 2. Whether the opposite party can be directed to pay back the membership fee?<br /> <br /> ORDER<br /> 5. The complainant has produced receipts dated 13.12.2006 and 23/03/2007. In these receipts he has paid Rs. 10,000/- and Rs.20,000/- on 13/12/2006 and other receipts dated 23.03.2007 for Rs.5,000/-, Rs.60,000/- and Rs. 20,000/- to opposite party. The complainant has paid in all Rs. 1,15,000/- to the opposite party under Mr. Cool Card Life Membership fee. This payment is admitted by the opposite party. There is no dispute or whatsoever in respect of the payment made by the complainant. Therefore, the total payment made by the complainant comes to Rs. 1,15,000/-. The complainant states that the opposite party has committed default in its commitment in not allotting and registering the complimentary plot as promised within 90 days from the date of membership. Admittedly, the opposite party has not executed sale deed of complimentary site as per the commitment. The opposite party has not come forward with defence that the sites have been formed and ready for distribution. The opposite party has not specified in the defence version whether the layout has been approved and plots have been formed or not. Therefore, it is clear that the opposite party has no specific defence to make. The opposite party has submitted very vague and bald defence version. Such kind of defence version will not help the opposite party in any manner. The defence version has not been signed by the opposite party or its authorized signatory. Defence version has been signed only by the advocate for the opposite party. This kind of defence version is not at all a defence version in the eye of law. Therefore, it is clear that whatever the case made out by the complainant has gone unchallenged and shall have to be accepted as true and correct. Therefore, by the facts stated by the complainant it can safely be held that the complainant has proved deficiency in service on the part of opposite party. Therefore, he is entitled for refund of the amount. The request of the complainant is fair, just and proper. Consumer Protection Act is a social and benevolent legislation intended to safe guard the better interests of the consumers. The complainant is definitely a ‘Consumer’ under the Consumer Protection Act 1986. His interests shall have to be protected. The complainant has prayed for refund of the amount with interest and costs. The prayer of the complainant deserves to be accepted. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 6. The Complaint is allowed. The opposite party is directed to refund Rs. 1,15,000/- to the complainant within 30 days from the date of this order.<br /> 7. The complainant is also entitled for interest at 10% p.a. on the above amount from the date of respective payments.<br /> 8. The complainant is also entitled for Rs. 1,000/- towards costs of the present proceedings from the opposite party.<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 29TH DAY OF NOVEMBER 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br /> Rhr.<br />