Date of Filing:17.07.2009 Date of Order:26.08.2009 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 26TH DAY OF AUGUST 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: 1682 OF 2009 P. DCosta, No. 14, 20th F Cross, Ejipura Main Road, Bangalore-560 047. Complainant V/S Country Vacations, (A Division of Country Club (I) Ltd.,) No.4, III Floor, S.V. Towers, Krishna Industrial Area, Hosur Road, Koramangala, Bangalore 560 029, Represented by: Mr. Vasanth Kumar, Take Over Manager. Opposite Party ORDER By the President Sri. S.S. Nagarale This is a complaint filed by the complainant stating that, he has paid Rs. 75,000/- to the opposite party for membership of the Country Club. The opposite party offered complimentary site near Tumkur or Hindupur. After taking membership, opposite party have sent a brochure explaining the point system. The complainants are not able to avail annual weekly holiday. The opposite party offered free oil massage for six months. When they approached the massage center at country club the complainants were informed that they have to pay standard fee of Rs.600/- for a single back massage. The complainants took the matter with the country vacations and also customer care center and there has been no response from them. Regarding the gift holiday package it was conditional on payment of Rs.3,000/- as booking fee and Rs. 3,000/- as administration fee. The complainants stated that he and his wife suffered much mental anguish ever since they have taken membership. They have not utilised any of the benefits. The complainant has recently retired from the service and amount was paid out of his retiral benefits. Therefore, the complainant requested for refund of Rs.75,000/- with interest. 2. Notice was issued to opposite party through RPAD. Notice was served. In spite of service of notice, the opposite party did not appear before this Forum. Defence version also not sent by post. Therefore, the opposite party is placed exparte. 3. The case put up by the complainant has gone unchallenged. There was no contrary defence on behalf of the opposite party. The opposite party has produced receipt No. 5240 dated 30/04/2008 for Rs.10,000/- and another receipt No.5225 dated 30/04/2009 for Rs.65,000/-. In this way the total amount paid by the complainant to the opposite party is Rs. 75,000/-. The complainant is not happy with the promise made by the opposite party. The complainant has not availed any services as promised by the opposite party. The opposite party has not given any complimentary site to the complainant as per the brochure. Therefore, there is definitely a deficiency in service on the part of the opposite party. The complainant requested for refund of amount with interest. The request of the complainant shall have to be accepted. Consumer Protection Act is a social and benevolent legislation. The intention of the Act is to protect better interest of the consumers. The object of the Act is to be achieved by directing the opposite party to refund the amount with interest. The opposite party has committed breach of condition and obligation in not providing any service as promised in the brochure. The opposite party having utilised the amount of the complainant is bound to pay the interest. In the result I proceed to pass the following: ORDER 4. Complaint is allowed. The opposite party is directed to refund Rs.75,000/- along with interest at 12% p.a on the said amount from 30/04/2009 till payment / realisation. 5. Send the copy of this Order to both the parties free of costs immediately. 6. Pronounced in the Open Forum on this 26TH DAY OF AUGUST 2009. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER rhr.,
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