COMPLAINT FILED: 27/07/2009<br /> DISPOSED ON: 22/09/2009:<br /> <br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 22ND SEPTEMBER 2009<br /> <br /> PRESENT :- SRI. B.S.REDDY PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> COMPLAINT NO.1764/2009<br /> <br /> COMPLAINT Prakash Kumar M.K.No.127/1, IInd Cross,M.G.K.Murthy Layout,K.g.Nagar,Bangalore – 560 018.Party in PersonV/s. <br /> OPPOSITE PARTY The Management/ Concerned Authority Country Vacations:Adivision of Country Club (India) Ltd. No.102, 1st floor, No.48,S&S Corner, Commerical Street, Shivajinagar,Bangalore – 560 001.<br /> <br /> O R D E R<br /> <br /> SHRI. B.S.REDDY, PRESIDENT<br /> <br /> This complaint is filed U/s.12 of C.P.Act seeking direction against the Opposite Party (Here in called as OP) to refund the amount of Rs.1,20,000/- with interest at 10% p.a. along with damages of Rs.25,000/- for mental agony, tension and inconvenience caused on the ground of deficiency in services. <br /> <br /> The case of the complainant stated to be in brief is that:-<br /> <br /> 2. OP made him a member in its Country Vacations promising to allot 2 sites and collected a amount of Rs.1,20,000/- through cheque and cash between 22-11-2008 to 02-01-2009. As per OP contract No.DTE901 dated 09-11-2008, till date OP has not given any proper information regarding the allotment of sites. The complainant is not interested to continue as a member and requested the OP to refund the entire amount, letter written by the complainant remained unreplied. Hence the complaint.<br /> <br /> 3. Inspite of service of notice OP failed to appear without any sufficient cause. Hence OP placed exparte. <br /> <br /> 4. The complainant filed affidavit and produced documents. On the date of hearing the complainant remained absent, hence taken as heard.<br /> <br /> 5. After perusing the complaint allegations and the documents produced along with complaint it becomes clear that the OP made the complainant one of its member in the Country Vacations with a promise to allot 2 sites and collected an amount of Rs.1,20,000/-. The agreement deed dated 09-11-2008 goes to show that OP has promised to allot the sites and acknowledge the receipt of Rs.20,000/- as initial payment. Later the balance amount has been collected through cheques and by cash as shown in Para 3 of the complaint. OP has not contested the proceedings. The very fact that inspite of service of the notice OP has not appeared and contested the matter is sufficient to hold that OP has admitted all the complaint allegations. The complainant has invested his hard earned amount, but he could not reap the fruits of the same for no fault of his. Thus we are of the view that there is deficiency of service on the part of the OP. OP has received the amount of Rs.1,20,000/- and retained the amount without allotting the sites as promised. The complainant is not interested to continue as a member and he is seeking for refund of the amount with interest. With regard to the award of damages we are of the view that since the complainant has enjoyed the facilities by becoming the member, hence we feel it not proper to award any damages. The complainant is entitled for the refund of the amount with 9% interest p.a. Accordingly, we proceed to pass the following:- <br /> <br /> O R D E R<br /> The complaint filed by the complainant is allowed in part.<br /> <br /> OP is directed to refund an amount of Rs.1,20,000/- with interest at 9% from 02-01-2009 till realization and also to pay a litigation cost of Rs.1,000/-.<br /> <br /> This order is to be complied within four weeks from the date of its communication. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 22nd day of September 2009.) <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> NRS<br />