| Complaint Case No. CC/250/2015 |
| | | | 1. Girish Naik .C | | S/o late Chandra Naik, Presently working as Inspector of police, Madugiri, Tumkur district. Rep. by GPA Holder Sri. B. Siddegowda, 61 years, S/o late Boregowda Residing at Door No.900, CH 11 1A, 1st main Lakshmipuram, Mysore. |
| ...........Complainant(s) | |
| Versus | | 1. Country Vacation International Holiday Club | | A division of Country Club (I) Ltd., Mysore Bangalore Ring road, Near Signal Light, Opposite Columbia Asia Hospital, Rep. by its Manager. |
| ............Opp.Party(s) |
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| ORDER | BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MYSORE-570023 CONSUMER COMPLAINT NO.250-2015 DATED ON THIS THE 30th June 2016 Present: 1) Sri. H.M.Shivakumara Swamy B.A., LLB., - PRESIDENT 2) Smt. M.V.Bharathi B.Sc., LLB., - MEMBER 3) Sri. Devakumar.M.C. B.E., LLB., - MEMBER COMPLAINANT/S | | : | Girish Naik.C., S/o Late Chandra Naik, Inspector of Police, Madugiri, Tumkur District. Rep. by GPA holder B.Siddegowda, S/o Late Boregowda, D.No.900, Ch-11/1A, 1st Main, Lakshmipuram, Mysuru. (Sri J.M.Aiyanna, Adv.) | | | | | | V/S | OPPOSITE PARTY/S | | : | Manager, Country Vacation International Holiday Club, A Division of Country Club (I) Ltd., Mysore Bangalore Ring Road, Near Signal Light, Opposite Columbia Asia Hospital. (Sri Kenche Gowda Patel., Adv.) | | | | | | |
Nature of complaint | : | Deficiency in service | Date of filing of complaint | : | 07.04.2015 | Date of Issue notice | : | 17.04.2015 | Date of order | : | 30.06.2016 | Duration of Proceeding | : | 1 YEAR 2 MONTHS 23 DAYS |
Sri Devakumar.M.C. Member - The complainant has filed the complaint under section 12 of the C.P.Act 1986, against the opposite party, seeking a direction to refund the membership amount of `20,000/- with interest at 18% p.a. from 29.01.2010 and interest at 18% p.a. on `1,00,000/- from the date of payment and such other reliefs.
- The complainant took the membership for himself and his family with opposite party, intending to purchase a site paid a sum of `1,00,000/- on 18.07.2007. Since no sites were allotted near Mysore, the complainant demanded for refund of the deposit amount with interest. But, the opposite party refunded only the principal amount, without interest and not paid the membership amount. Hence, the complainant alleging the deficiency in service filed the complaint seeking reliefs.
- The opposite party though represented through its counsel, fail to file version.
- The complainant filed affidavit to establish the facts and placed several documents. The opposite party failed to lead evidence. Written arguments filed by the complainant. On perusing the documents, matter posted for orders.
- The points arose for our consideration are:-
- Whether the complainant established the deficiency in service on the part of opposite party in not refunding the membership amount with interest and interest on the amount deposited towards the site and thereby he is entitled for the reliefs?
- What order?
- Our findings on the aforesaid points are as follows:
Point No.1 :- Partly in the affirmative. Point No.2 :- As per final order for the following :: R E A S O N S :: - Point No.1:- The complainant had taken the membership with opposite party, on payment of a sum of `20,000/- on 29.10.2010. The opposite party also collected a sum of `1,00,000/- towards the allotment of a site, on 18.01.2007. But, the opposite party fail to allot a site near Mysore and requested to accept a site near Tumkur after formation of sites. The complainant demanded for refund of the entire amount. As such the opposite party refunded the sital value of `1,00,000/- on 10.01.2011 and 25.02.2011, through two cheques. The interest was not paid. The membership amount has not been refunded in spite of repeated demands. Thereby, the complainant alleged the deficiency in service and unfair trade practice by opposite party and sought for the reliefs.
- The documents placed on record, by the complainant, established that the complainant had deposited a sum of `1,00,000/- on 18.01.2007 towards the allotment of site and also paid a sum of `20,000/- on 29.01.2010 towards membership. The receipts produced confirms the payment by complainant. The repayment of `1,00,000/- has been admitted by the complainant through cheques on 10.01.2011 and 25.02.2011. However, the membership amount has not been refunded. Accordingly, the complainant is entitled for refund of membership fee of `20,000/- with 18% interest from the date of its deposit and also interest at 18% p.a. on the sital value from the date of its deposit i.e. 18.01.2007 until the same refunded vide cheques on 10.01.2011 and 25.02.2011. Further, the opposite party is liable to pay compensation for the deficiency in service and unfair trade practice, to the complainant. Accordingly, Point No.1 is answered partly in the affirmative.
- Point No.2:- In view of the above, we proceed to pass the following
:: O R D E R :: - The complaint is allowed in part.
- The opposite party is hereby directed to refund `20,000/- with 18% interest p.a. from 29.01.2010 till the date of payment and interest at 18% p.a. on `1,00,000/- from the date of its deposit to till the date of repayment of the same i.e. from 18.07.2007 to 10.01.2011 and 25.02.2011, to the complainant, within 60 days of this order. In default, the opposite party shall pay penalty of `100/- per day until payment is made.
- The opposite party shall pay a sum of `3,000/- towards deficiency in service and unfair trade practice and `2,000/- towards cost of the proceedings.
- In default, the opposite party shall pay interest at 10% p.a. on the said total sum of `5,000/- to the complainant until compliance made.
- In case of default to comply this order, the opposite party shall undergo imprisonment and also liable for fine under section 27 of the C.P.Act, 1986.
- Give the copies of this order to the parties, as per Rules.
(Dictated to the Stenographer transcribed, typed by her, transcript corrected by us and then pronounced in open court on this the 30th June 2016) | |
