Date of Filing:08.12.2010<br /> Date of Order: 21.05.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 21ST DAY OF MAY 2010<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 /> <br /> COMPLAINT NO: 263 OF 2010 <br /> <br /> <br /> <br /> Mr. Mahesh R.Patil <br /> 2647, 12th Main, E Block,<br /> 2nd Stge, Rajajinagar, <br /> Bangalore-10. Complainant<br /> <br /> V/S<br /> <br /> M/s. Country Vacations <br /> No.102, 1st Floor, No.48, <br /> S&S Chambers, Next to Kamat Hotel,<br /> Hospital Road, Commercial Street,<br /> Shivajinagar, <br /> Bangalore-1. Opposite Party<br /> <br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <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 paid in all Rs.1,20,000/- to the opposite party towards membership of the club. The opposite party offered complimentary site but, the opposite party has not kept up the promise and site is not registered. Therefore, the complainant made repeated request for refund of the amount and cancellation of the membership. The complainant submitted that there is no transparency in the business, the opposite party luring the public to make money by deceit. It hides some facts mentioned in the purchase agreement during presentation. The complainant is lost faith in the opposite party club and he does not want to continue with the membership. Therefore, he requests to help him to getting back money. <br /> 2. The opposite party has filed defense version admitting receipt of total amount of Rs.1,20,000 from the complainant. The opposite party has also admitted that he had assured allotment of complimentary plot measuring 1089 sq.ft. Even now the opposite party is ready to give complimentary site at Tumkur District. Therefore, the opposite party has prayed to dismiss the complaint. <br /> <br /> 3. The respective parties have filed their affidavit evidence. Both the parties have filed documents. Heard the arguments on both the side. <br /> <br /> 4. In the light of the arguments advanced by the learned Advocates for the respective parties, the following points arise for consideration:-<br /> <br /> <br /> 1. Whether the complainant has proved deficiency of service on the part of the opposite party?<br /> <br /> 2. Whether the complaint is entitled for refund of the amount? <br /> <br /> <br /> REASONS<br /> 5. It is an admitted case of the parties that, the complainant has paid Rs.1,20,000/- to the opposite party, he has produced receipt dated 2-11-08 which is for Rs.80,000/- and another Receipt of the same date is for Rs.20,000/- and a Receipt for Rs.12,000/- dated 4-6-2009 is produced and a Receipt of Rs.8,000/- dated 27-5-09 is also produced. In this way the total amount paid by the complainant comes to Rs.1,20,000/-. The complainant has produced email correspondence and his Bank account statement. He also produced purchase agreement. The complainant does not want to continue the membership of the opposite party club. He request for refund of the amount with interest. The opposite party is ready to register the complimentary site as promised, when asked same to the complainant at the time argument, he submitted that he does not want any plot since, he has lost faith and confidence and requested to the forum to pass orders for refund of amount only. Therefore, the complainant is no more interested in continuing his membership with the opposite party club. His request shall have to be accepted and the opposite party shall be directed to refund the amount with interest. Though, there is no agreement for payment of interest but, since the opposite party had utilized the amount of complainant. It is just proper and fair to grant reasonable rate of interest for the refund amount. The Hon’ble State Commission in appeal No.3106/2009 decided on 11-3-2010 between S.M. Saqquaf v/s Country Club confirmed the order of this forum for refund of the amount. Therefore, relying on the above judgement in this case also it is just fair and reasonable to order the refund of the amount paid by the complainant. In the result, I proceed to pass the following:-<br /> <br /> ORDER<br /> <br /> 6. The complaint is allowed. The Opposite party is directed to refund Rs.1,20,000/- to the complainant with 6% interest p.a. from the date of respective date of payment made by the complainant till the date of payment / realisation. <br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> <br /> 8. Pronounced in the Open Forum on this 14TH DAY OF MAY 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> <br /> MEMBER MEMBER <br /> <br />