COMPLAINT FILED: 28-07-2009<br /> DISPOSED ON: 30-09-2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> 30TH SEPTEMBER 2009<br /> <br /> PRESENT :- SRI. B.S.REDDY PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> <br /> COMPLAINT NO.1789/2009<br /> <br /> <br /> COMPLAINANT Ramachandra Hegde,62/1, Shri Raksha, 1st Main Kamakshi Layout,Near Brahahmakumari Ashram, Gottigere, Bannerghatta Road,Bangalore-560 083.Party in personV/s.<br /> OPPOSITE PARTY Country Vacations, A Division of Country Club India Limited,#4, 3rd Floor, S.V.Towers, Krishnanagar, Industrial Layout, DRC Post, Hosur Road, Kormanagala,Bangalore – 560 029.Corp. Off:#3-6-367, 368,369, 3rd Floor, Flat No.306, Skill Spectrum Building, Besides T.T.D Kalyana Mandapam, Liberty ‘X’ Road, Himayath Nagar, Hyderabad-500 029.<br /> <br /> <br /> O R D E R<br /> <br /> SMT. M. YASHODHAMMA, MEMBER<br /> <br /> This complaint filed u/s. 12 of the C.P. Act of 1986 seeking direction against the Opposite Party (herein after called as OP) to refund Rs.3,05,000/- along with interest. <br /> <br /> The brief contents made in the complaint is as follows:-<br /> <br /> 2. The complainant became the member of the OP, International Holiday Club. As per the contract dated 20-04-2009 and paid Rs.3,05,000/- to OP. OP has failed to fulfill the promises offered at the time of contract. The complainant and his family wanted to go on holiday trip from May 22nd to May 26th’ 2009. Complainant informed the same to the Manager of the OP Club well in advance for reservation and accommodation. OP failed to do the necessary arrangements. Hence complainant could not go for holiday trip. The very purpose of taking membership has defeated. Even after 90 days of payment complainant failed to receive the certificate of registration and permanent membership card. OP offered 3 complimentary sites, but failed to allot the same. There is no response from the OP. The promise to offer 5 Gms Gold coin remained as promise only. OP informed that all their club will have library and Gymnastic along with indoors and out door games facility. But the club on Bannerghatta Road which is very close to the residence of the complainant is not well equipped. From this false promises made by the OP, complainant decided to discontinue the membership with the OP. Thus complainant felt deficiency in service on the part of the OP. Hence, he is advised to file the complaint for necessary relief. <br /> <br /> 3. After registration of the complaint notice sent to OP 1 & 2. Inspite of service of notice OP 1 & 2 remained absent without any sufficient reason. Hence OPs are placed exparte. <br /> <br /> 4. In order to substantiate the complaint averments complainant filed affidavit evidence and produced some documents. Heard the arguments. <br /> <br /> 5. It is the case of the complainant that he became the member of the OP club and paid Rs.40,000/-, Rs.60,000/- and Rs.2,05,000/- on 21-04-2009 in all Rs.3,05,000/- towards the membership fee, the receipts issued by the OP are produced. The complainant entered into contract dated 20-04-2009 with the OP as per the contract OP failed to register the plot inspite of receipt of full membership fee. According to complainant OP promised to arrange for holiday trip but failed to fulfill its promise. Even though complainant informed well in advance for reservation and accommodation for vacation trip from May’ 22nd to May’ 26th’ 2009. The very propose of taking the membership is failed. Even OP failed to allot 3 complimentary sites as promised. The promise to offer 5Gms Gold coin remained as promise only. <br /> <br /> 6. The evidence produced by the complainant supports the case of the complainant. There is nothing to discard the sworn testimony of the complainant. The non-appearance of the OP even after due service of notice leads us to draw an inference that OP admits all the allegations made by the complainant. OP having accepted such a huge amount neither provided the facilities offered nor refunded the amount to the complainant. Hence, the complainant decided to discontinue the membership. We have satisfied that complainant is able to prove the deficiency in service on the part of the OP. Under the circumstances justice will be met by directing the OP to refund whatever amount it has received from the complainant along with interest and cost. With these reasons we proceed to pass the following :-<br /> <br /> O R D E R<br /> <br /> Complaint is allowed in part.<br /> <br /> OP is directed to refund Rs.3,05,000/- together with interest at the rate of 9% p.a. from 21-04-2009 till realization and also 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 30th day of September 2009.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> NRS<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />