Sri. G.V.Balasubramanya, <br /> Member<br /> <br /> 1. The complainant was contacted by one Shri.Jagadish from the O.P. club who requested him to become a member of the club. After repeated requests, the complainant relented and on 19-10-05 he paid Rs.10,000/- as membership fee through a cheque. As things turned out, that was the last time the complainant ever heard anything from the O.P.s. His cheque was encashed. But several attempts to obtain a receipt for the payment proved futile. A frustrated complainant issued a notice to the O.P. demanding refund of the money paid by him. But all that the complainant received was a membership card. Hence, he filed this complaint.<br /> 2. The O.P.s are the Managers of the office at Mysroe (1st O.P.), the Manager of the Club at Mysore (2nd O.P.) and the Manager of the Club at Bangalore (3rd O.P.). Notice sent to the 1st O.P. was not served and returned with an endorsement “No such post existing at the address. Hence return to sender as NOT ACCEPTED”. Notices were served on the 2nd and 3rd O.P.s. But they did not appear on the appointed day and hence were placed exparte.<br /> 3. In view of the above only one point arises for our consideration – whether the complainant proves that the O.P.s have rendered deficient service?<br /> REASONS<br /> <br /> 4. The complainant has filed statement of Account from Karnataka Bank Ltd., Chamundipuram branch, Mysore, to evidence the payment of Rs.10,000/- through cheque no.289483. There is a receipt dated 20-10-05 issued by the 3rd O.P. acknowledging the receipt of the money. Membership card is, also, filed. The letter of the 3rd O.P. dated 22-11-05, clearly states the facilities available at the Mysore club and terms and conditions of the use of these facilities. These documents go on the prove that the O.P.s have acted promptly after receiving the payment. Further, the complainant has not specifically stated what act of the O.P.s amounted to deficiency in service. His complaint that the O.P.s lost touch with him after receiving the cheque and did not issue the receipt are not believable as the receipt has been filed by the complainant himself. The letter of the 3rd O.P. dated 22-11-05 explains everything in detail. Under these circumstances we have to conclude that the complainant has failed to make out a case of deficiency in service. Hence, while answering the point for consideration in the negative, we proceed to pass the following order:-<br /> <br /> ORDER<br /> <br /> 1. Complaint is dismissed.<br /> 2. Parties to bear cost.<br /> 3. Give a copy of this order to both parties according to Rules.<br />