COMPLAINT FILED: 28-08-2009 <br /> DISPOSED ON: 30-04-2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> DATED THIS THE 28TH APRIL 2010<br /> <br /> PRESENT :-SRI. B.S.REDDY PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> COMPLAINT NO.2083/2009<br /> <br /> <br /> V.Lakshminarayana,<br /> No.13, 2nd Floor, 8th Cross,<br /> Manjunathanagar, <br /> Magadi Road,<br /> Bangalore – 560 023. …Complainant<br /> <br /> (Party in Person)<br /> <br /> V/s.<br /> <br /> Country Club (India) Limited<br /> “Amrutha Castle”, 5-9-16, <br /> Saifabad, Opp. Secretariate,<br /> Hyderabad-500 063<br /> <br /> And<br /> <br /> Country Club (India) Ltd.,<br /> #675, 9th A Main,<br /> Indiranagar,<br /> Bangalore – 560 038. …Opposite Party<br /> <br /> (Sri.G.A.Gopi, Advocate)<br /> <br /> <br /> O R D E R<br /> <br /> SRI. B.S.REDDY, PRESIDENT<br /> <br /> The complainant filed this complaint u/s. 12 of the C.P. Act of 1986 seeking direction against Opposite Party (herein after called as OP) to refund the balance membership fee of Rs.13,188/- with interest at 18% p.a. on the said amount amounting to Rs.27,600/- with compensation of Rs.50,000/- in all Rs.90,788/- on an allegations of deficiency in service on the part of the OP.<br /> <br /> The case of the complainant to be stated in brief is that:-<br /> <br /> 2. The complainant became the member of the OP club by paying an amount of Rs.1,15,000/- through cheque dated 11-12-2006. After he became the member; OP failed to provide the facilities of the club as assured. Though the site allotment letter issued, the registration process was not completed. It is stated that OP has cheated the complainant by receiving the amount of Rs.1,15,000/- on the false assurance of giving free plot and register the same. As the complainant was under pressure for financial need in connection of marriage of his daughter, he met the vice-president of OP on 13-01-2008 and appraised him as how he has become the member and insisted to refund amount of Rs.1,15,000/-. After 3 months he was able to get the refund of Rs.1,01,812/- through cheque dated 08-04-2008 with deduction of Rs.13,188/-. The said amount was with held towards incentive given to their Marketing staff, annual administrative and other expenses. The complainant has written to the Managing Director letter dated 27-08-2007 to refund the with held amount with interest and compensation of Rs.50,000/-, but so far as no response. The complainant has not utilized the services of OP he has not visited OP club. OP failed to refund the amount deducted. Hence the complainant felt deficiency in service on the part of the OP and filed the complaint seeking the above said relief.<br /> <br /> 3. OP on appearance filed version contending that the complainant has utilized the facilities provided by OP and the OP has deducted the said amount while refunding the membership fee. The complainant having received entire membership fee towards full and final settlement of his membership, has filed the complaint claiming for balance amount. Complainant has failed to show deficiency in service on the part of the OP, he is not a ‘Consumer’. The amount of Rs.13,188/- was deducted due to service availed by the OP in the OP club. The allegation that the complainant has not utilized any service of OP is denied as false. It is stated that the complainant has availed the service for 2 years, the said amount was deducted in the membership fee. OP is not liable to pay interest and compensation claimed. Hence it is prayed to dismiss the complaint.<br /> <br /> 4. In order to substantiate the complaint averments the complainant filed affidavit evidence. The Customer care Manager of OP filed affidavit evidence in support of defence version and produced documents. <br /> 5. Arguments heard on both sides. Points that arise for our consideration are:-<br /> <br /> Point No. 1 :- Whether the complainant has Proved <br /> the deficiency in service on the part of <br /> the OP?<br /> <br /> Point No. 2 :- If so, whether the complainant is <br /> entitled for the relief’s now claimed?<br /> <br /> Point No. 3 :- To what Order?<br /> <br /> <br /> 6. We record our findings on :-<br /> <br /> Point No.1:- In Affirmative<br /> Point No.2:- Affirmative in part<br /> Point No.3:- As per final Order.<br /> <br /> R E A S O N S<br /> <br /> 7. At the outset it is not in dispute that the complainant became the member of the OP club by paying an amount of Rs.1,15,000/- on 11-12-2006. OP assured certain club facilities and allotment of complimentary sites for the members on payment of entire membership fee. Since OP failed to keep up its promises and provide the facilities as assured; the complainant requested for refund of the entire membership fee. OP refunded only Rs.1,01,812/- through cheque dated 08-04-2008 by deducting an amount of Rs.13,188/-. The complainant is claiming for refund of the said deducted amount with interest. <br /> <br /> 8. It is contended for the OP that the said amount of Rs.13,188/- was deducted towards the service of OP club availed by the complainant for the period from 11-12-2006 till 08-04-2008 and complainant has received an amount of Rs.1,01,812/- towards full and final settlement. In support of the same OP has produced the letter given to the complainant with the cheque dated 08-04-2008 for Rs.1,01,812/-. In the said letter it is stated that the cheque for the said amount has been given towards full and final settlement of the membership. The complainant has received the said letter along with cheque. From the said letter we are unable to accept that the complainant has consented for the deduction of the balance membership amount of Rs.13,188/-. The said letter was addressed by OP with a cheque towards refund of the amount. Merely because the complainant has not protested to receive the said cheque it is difficult to accept that he has consented to deduct the said amount towards utilization of service. OP has not produced any material to prove the fact that this complainant has utilized any service of OP club. Therefore OP was not justified in deducting the said amount towards services stated to have been utilized by the complainant. Under these circumstances we are of the view that the act of OP without any justifiable cause retaining the amount of Rs.13,188/- out of membership fee amounts to deficiency in service on the part of the OP. The complainant is entitled for refund of the said amount. The complainant is not made any case refund for awarding damages. Accordingly we proceed to pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint filed by the complainant is allowed in part.<br /> <br /> OP is directed to refund an amount of Rs.13,188/- with interest at 12% p.a. from 11-12-2006 till the date of realization with litigation cost of Rs.1,000/- to the complainant.<br /> <br /> This order is to be complied within four weeks from the date of its communication. <br /> <br /> Send copy of this order to both the parties free of costs. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 30th day of April 2010.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> NRS<br /> <br />