Date of Filing:17.09.2009 Date of Order:24.10.2009 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 24 TH DAY OF OCTOBER 2009 PRESENT Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 2236 OF 2009 Srinivasa Rao Kasbe, S/o Ramachandra Rao Kasbe, No. 83/2, K.R. Road, Shankarapura, Bangalore 560 004. Complainant V/S Country Vacation, No. 4, III Floor, SV Towers, Krishnanagar Industrial Layout, Hosur Road, Koramangala, Bangalore-560029. Opposite Party ORDER By the President Sri. S.S. Nagarale This is a complaint filed under Section 12 of the Consumer Protection Act, 1986. The facts of the case are that, the opposite collected sum of Rs.35,000/- and given membership No. DT-41-151. A sum of Rs.25,000/- was collected through debit card and Rs.10,000/- has paid through cheque. Opposite party given an assurance to the complainant that membership card will be issued immediately. Opposite party postponed the same for one or the other reason. Complainant approached opposite party on several occasions and spent considerable amount. Complainant issued legal notice through opposite party. Opposite party has not replied to the notice. It is the duty of the opposite party to issue membership card. Therefore, there is deficiency of service on the part of the opposite party. Therefore, the complainant prayed that opposite party be directed to refund Rs.35,000/- with interest and compensation for mental agony. 2. After admitting the complaint, notice was issued to opposite party through RPAD. Notice was served on the opposite party. When the case was set for appearance before this forum on 22/10/2009, nobody appeared on behalf of the opposite party. Defence version also not sent even by post. Therefore, the opposite party placed exparte. The case put up by the complainant has gone unchallenged. The complainant has paid Rs.35,000/- to the opposite party under receipts. The opposite party has issued two receipts for the said amount. The complainant stated that the opposite party as per the terms and commitment has not issued membership card. Therefore, legal notice was served on the opposite party. In spite of service of notice the opposite party failed to issue membership card and even the opposite party had not replied to the notice. The complainant submitted that he had approached the opposite party on several occasions and spent considerable amount, even then also there was no response from the opposite party. Therefore, it is a clear case of deficiency in service on the part of the opposite party. The complainant prayed for refund of the amount paid by him with interest. The request of the complainant shall have to be accepted. It is just, fair and reasonable to direct the opposite party to refund Rs.35,000/- with interest. The complainant has prayed Rs.50,000/- as compensation for mental agony. This is not a case to grant compensation, nothing has been pleaded or said as to how the complainant suffered mental agony. Therefore, the request of the complainant for compensation cannot be considered. In the result, I proceed to pass the following:- ORDER 3. The complaint is allowed. The opposite party is directed to refund Rs. 35,000/- to the complainant along with interest at 12% p.a. from the date of respective payment received from the complainant till payment/realization. 4. The opposite party is also directed to pay Rs.1,000/- as cost of the present litigation from the opposite party. The opposite party is directed to comply the order within 4 weeks from the date of this order. 5. Send the copy of this Order to both the parties free of costs immediately as a statutory requirement. 6. Pronounced in the Open Forum on this 24TH DAY OF OCTOBER 2009. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER
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