Date of filing : 23.04.2010<br /> Date of Order: 20.08.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 20TH DAY OF AUGUST 2010<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 947 OF 2010<br /> <br /> Mr. Rajashekhar,<br /> S/o Koteswara Rao,<br /> R/at No.300, Jayakrishna Residency,<br /> 10th Cross, Kuvempu Road,<br /> Vignananagar,<br /> Bangalore-75. Complainant<br /> <br /> <br /> V/S<br /> <br /> Country Vacation,<br /> (A Dvn. of Country Club India Ltd.,)<br /> No.102, 1st Floor, No.48, S & S Chambers,<br /> Next to Kamath Hotel,<br /> Commercial Street,<br /> Shivajinagar,<br /> Bangalore-1.<br /> Rep. by its Authorized Signatory Opposite party<br /> <br /> <br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.<br /> The brief facts of the case are that, the complainant has become a member of the opposite party Club. The opposite party had offered free site along with other attractive offers and services. The complainant in all paid Rs.1,33,000/- to the opposite party. The opposite party failed to allot complimentary site and register the same in favour of the complainant. The complainant submitted that the opposite party has committed deficiency in service in not complying the assurance made. Therefore, the complainant had prayed for refund of amount paid by him with compensation. <br /> 2. The opposite party had filed defense version, stating that the complainant has paid Rs.80,000/- on 8-12-2008 and again Rs.53,000/- was paid. The opposite party admitted the payment made by the complainant towards the club membership. The opposite party had issued purchase agreement and also laminated club membership card. The opposite party’s always ready to execute necessary document in respect of plot. The opposite party denied deficiency of service. Therefore, the opposite party prayed to dismiss the complaint. <br /> 3. The complainant has filed affidavit evidence and documents. <br /> 4. Arguments are heard.<br /> 5. The points for consideration are:<br /> 1. Whether the complainant has proved deficiency of service on the part of opposite party?<br /> 2. Whether the complainant is entitled for refund of amount paid by him? <br /> REASONS<br /> 6. The complainant has produced receipts for Rs.80,000/- dated 8-12-2008 and another receipt for Rs.53,000/- dated 23-12-2008 is produced, in this way the complainant has paid Rs.1,33,000/- to the opposite party. As per the commitment the opposite party has not executed sale deed of a complimentary plot in favour of the complainant. The opposite party has fairly admitted in the defense version receipt of Rs.1,33,000/- from the complainant. Therefore, there is absolutely no dispute what so ever in respect of payment is concerned. The opposite party has submitted that even now it is ready to execute document of complimentary plot in favour of the complainant. Therefore, the opposite party submits that there is no deficiency of service on their part. Mere taking defense in the version that they are ready to register the plot is no use at all, because the opposite party has not come forward with documentary evidence to show that layout had been formed and all the legal formalities are over and plots are ready for registration. The opposite party has not shown as to where the plots are available for allotment and documents in respect of layout have not been produced. Therefore, the defense of the opposite party can not be accepted at all. The complainant wants cancellation of membership and refund of amount paid by him. Therefore, his prayer has been allowed and accepted. The opposite party has committed deficiency of service in not honoring the assurances and commitment. Therefore, the complainant is entitled for the relief of refund of the amount paid by him. If the amount is refunded, no injustice or any hardship will cause to the opposite party. In the result, I proceed to pass the following:- <br /> ORDER<br /> 7. The complaint is allowed. The opposite party is directed to refund Rs.1,33,000/- to the complainant within 60 days from the date of this order. In the event of non compliance of the order within 60 days the above amounts carry interest at 9% p.a. from the date of complaint till payment / realization. <br /> 8. The complainant is also entitled Rs.1,000/- as cost of the present proceeding from the opposite party. <br /> 9. Send the copy of this Order to both the parties free of costs immediately. <br /> 10. Pronounced in the Open Forum on this 20TH DAY OF AUGUST 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> I concur the above findings<br /> <br /> <br /> MEMBER<br />