IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> <br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 165/10 DATED 10.06.2010<br /> ORDER<br /> <br /> Complainant S. Somashekar, S/o late Siddalingappa, R/at Door No. 6th Main, Paramahamsa Road, Mysore-20.<br /> (In person)<br /> <br /> Vs. <br /> Opposite Party The Manager, Country Vacation Club, Near Tole gate, Bangalore-Mysore Road, Mysore.<br /> (Exparte)<br /> <br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 21.04.2010<br /> Date of appearance of O.P. : <br /> Date of order : 10.06.2010<br /> Duration of Proceeding : <br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> <br /> 1. Alleging that, the complainant became the member of the opposite party club paid Rs.10,000/-, but the opposite party has not issued membership card and postponed to issue the card under some pretexts and even when the complainant visited the club of the opposite party, the service was unsatisfactory and hence, it is prayed to direct the opposite party to refund the opposite party the said amount, interest as well as compensation and cost.<br /> <br /> 2. The notice issued by the Forum to the opposite party returned undelivered by the postal authority stating that, the addressee refused. Holding that its sufficient service, opposite party is set exparte.<br /> <br /> 3. When the matter was posted for filing affidavit of the complainant finally, complainant remained absent and the matter was posted for arguments. Wife of the complainant appeared before the Forum and made submissions that, her husband has authorized to represent, since he is unable to appear before the Forum today. Also, she made submission that, when the opposite party club had telephoned her husband, she was present and telephone call was that the complainant with his wife to attend the opposite party, to get the gift etc.,. Thus, she submitted that, all along she was present with her husband. She has stated that, though amount of Rs.10,000/- has been paid, membership card has not been issued and so also when she and her husband went to the opposite party club, service was not proper and whenever they demanded to issue membership card, the opposite party postponed and ultimately, request was made for refund of amount. The opposite party told that, the complainant has to make other persons as member of the opposite party club then only the amount will be refunded.<br /> <br /> 4. We have perused the entire records.<br /> <br /> 5. Now, we have to consider whether there is any deficiency in service on the part of the opposite party?<br /> <br /> 6. Our finding is in affirmative for the following reasons.<br /> <br /> REASONS<br /> 7. Without repeating the facts noted here before mentioned in the complaint, prima-facie, deficiency is made out. The facts alleged in the complaint are not denied or disputed by the opposite party club. Hence, we have no reasons to disbelieve the said facts. We do consider that, no affidavit is filed, for the complainant. But at the same time, we take note that, the complainant has filed the complaint in person and appeared before the Forum in person and on the particular date, when the matter was posted for filing affidavit, he was absent. However, as noted above, on the subsequent date, because of inability to appear before the Forum, the complainant sent his wife authorizing to make representation. Firstly, the facts having not denied by the opposite party, we have no reasons to disbelieve the same. Secondly, to prove the fact that a sum of Rs.10,000/- has been paid by the complainant to the opposite party club, Xerox copy of a card debiting said amount in the account of the complainant in favour of the opposite party club is produced. This document prima-facie, support the claim of the complainant that, he paid the amount has stated therein. Under the circumstances, in our opinion, deficiency in service alleged has been proved. Accordingly, following order.<br /> <br /> ORDER <br /> 1. The complaint is partly allowed.<br /> 2. The opposite party is hereby directed to refund Rs.10,000/- to the complainant with interest at the rate of 10% p.a. from the date of the complaint (21.04.2010) till realization. This amount shall be paid within a month from the date of the order.<br /> 3. Further, the opposite party shall pay a sum of Rs.2,000/- to the complainant as compensation, towards mental agony and inconvenience caused within a month from the date of the order, failing which the amount will carry interest at the rate of 10% p.a.<br /> 4. Likewise, the opposite party to pay a sum of Rs.500/- to the complainant towards cost of the proceedings.<br /> 5. Give a copy of this order to each party according to Rules.<br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 10th June 2010)<br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br />