Date of Filing:30.01.2010<br /> Date of Order: 17.06.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 17TH DAY OF JUNE 2010<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 204 OF 2010<br /> <br /> Seshadri G.<br /> 76, 2nd ‘A’ Cross, 6th Main<br /> Gowravnagar, 7th Phase<br /> J.P. Nagar, Bangalore 78 Complainant<br /> <br /> V/S<br /> <br /> Country Vacations<br /> A Division of Country Club (India) Ltd.<br /> No. 102, 1st Floor, No. 48<br /> S & S Chambers, Next to Kamath Hotel<br /> Commercial Street, Shivajinagar<br /> Bangalore 560 001 Opposite Party<br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant stating that he has paid Rs. 95,000/- towards membership of the opposite party. The opposite party promised that on making member of the club they will allot two plots which will be 20 minutes drive from Devanahalli Airport. He visited the location which is far away from Devanahalli Airport. Complainant visited the office of opposite party and requested to cancel the membership. Mr. Shashidhar asked the complainant to give letter for cancellation. On several visits opposite party told that Karnataka Government has stopped registration. Complainant waited for 18 months. Complainant went to the opposite party and asked for refund along with interest. Complainant has paid Rs. 30,000/- on 07.02.2009 for registration and he has received the refund of Rs. 30,000/- from the opposite party in the month of November 2009. The complainant prayed for direction to the opposite party to refund Rs. 95,000/-.<br /> 2. The opposite party has filed defence version admitting the payment made by the complainant. The opposite party denied deficiency in service. Opposite party submitted that even now opposite party is ready to allot a complementary site at Coconut Groove, Tumkur District. Hence, refund of amount as claimed does not arise.<br /> 3. Affidavit evidence filed.<br /> 4. Arguments are heard.<br /> 5. I have perused the documents.<br /> 6. The points for consideration are:<br /> 1. Whether the complainant is entitled for refund of Rs. 95,000/-?<br /> 2. Whether the complainant has proved deficiency of service? <br /> 7. The complainant has produced receipt dated 13.03.2007 which is for Rs. 70,000/- and he has produced another receipt dated 13.03.2007 which is for Rs. 25,000/-. In this way the complainant has paid Rs. 95,000/- to the opposite party. The complainant has paid Rs. 30,000/- towards registration of plot. That amount he has received back from the opposite party in the month of November 2009. It is the case of the complainant that the opposite party has not registered the complementary site as per the commitment and assurance. Therefore, the complainant requested for cancellation of the membership. The opposite party postponed to refund the amount for one or another reason. Till today registration of site is not completed and opposite party has not executed sale deed of plot in favour of complainant. The complainant does not want any complementary site. He is interested in taking back the amount paid by him. So under these circumstances the opposite party shall be directed to refund the amount. Non-allotment and registration of complementary site as per the promise and commitment amounts to deficiency of service on the part of opposite party. In the result I proceed to pass the following:<br /> ORDER<br /> 8. The complaint is allowed. The opposite party is directed to refund Rs. 95,000/- to the complainant along with 9% interest p.a. from the date of filing complaint till the date of payment / realisation.<br /> 9. Complainant is also entitled for Rs. 1,000/- as cost of the present proceedings from the opposite party.<br /> 10. The opposite party is directed to comply the order within 60 days from the date of this order.<br /> 11. Send the copy of this Order to both the parties free of costs immediately. <br /> 12. Pronounced in the Open Forum on this 17TH DAY OF JUNE 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br />