COMPLAINT FILED ON: 02.04.2011

DISPOSED ON: 03.11.2011

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL

FORUM AT BANGALORE (URBAN)

03^rd  NOVENBER 2011

       PRESENT:- SRI.B.S.REDDY                      PRESIDENT           

                         SMT. M. YASHODHAMMA     MEMBER

                         SRI.A.MUNIYAPPA                MEMBER

COMPLAINT NO. 651/2011

COMPLAINANT                                    YASHAVANTHA KUMAR.G.S.,

# 27,4^th Cross, 24^th Main,

                                                                   Agara extension,

H.S.R.Layout,

Bangalore- 560 034.

Herein represented by his

Power of Attorney Holder

Smt.Kavyashree G.S.

(Adv: Smt.Akhila)

                                                                                    V/s.

OPPOSITE PARTY                              Country Club (India) Ltd.,

Having Office at #273,

1^st Main, Defence Colony,

HAL II Stage,

Indiranagar,

Bangalore.

Represented by its Manager.

 ( Adv: G.A.GOPI)           

O R D E R

SMT. M. YASHODHAMMA, MEMBER

This is a complaint filed by the complainant u/s. 12 of the Consumer Protection Act of 1986, seeking direction to the Opposite Party   (herein after called as O.P) to refund membership fee of  Rs.1,25,000/- with interest at 18% p.a. along with compensation of Rs. 1 lakh/-  and costs on the allegations of  deficiency in service on the part of the O.P.

2.      Though O.P. entered appearance through advocate failed to contest the matter by filing version.

3.      The complainant in order to substantiate the complaint averments filed affidavit evidence and produced documents.

4.      Heard from complainant side.

5.      We have gone through the complaint averments; unchallenged affidavit evidence of the complainant and the documents produced. Attracted by the offers made by O.P. complainant became the member of O.P. Club by paying a sum of Rs.50,000/- on 15/12/2007, Rs.25,000/- on 14/4/2008 and Rs.50,000/- on 22/2/2008.  Totally complainant paid Rs.1,25,000/- to O.P.  O.P. has issued the receipts acknowledging receipt of amount to the extent of Rs.75,000/-. In support of further payment of Rs.50,000/- complainant has produced the statement of his credit card issued by citi bank.  Wherein it shows that on 22/2/2008 complainant has paid Rs.50,000/- to O.P. through his credit card.  OP  accepted the membership of the complainant and issued  membership bearing No. Kool 457.  O.P. failed to issue permanent membership card and failed to issue allotment letter to the complainant as assured.  Complainant was ready to pay the registration fees.  Hence requested for refund of amount.  O.P. failed to respond to the correspondences and emails.  Complainant got issued legal notice on 23-12-2010 requesting O.P. to refund the membership fees along with interest and compensation of Rs.1 lakh. Inspite of service of notice there was no response.  We have perused the copy of the emails and legal notice. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and documents produced.  The very fact of O.P. not contesting the matter leads us to draw an inference that OP admits all the allegations made by the complainant.  There is no justification on the part of O.P. in not issuing the permanent membership card or allotment letter inspite of receipt of entire membership fees of Rs.1,25,000/- in the year 2007-08 itself.  O.P. has failed to issue permanent membership card and allotment letter of complimentary plot since, four years.  OP failed to respond to the correspondences, emails and legal notice inspite of service of the same.  This act of OP neither allotting site nor refunding the amount and failure to reply to the legal notice amounts to deficiency in service on its part. Under the circumstances we are of the considered view that the complainant is entitled for refund of membership fees paid along with interest at 12% p.a. as compensation and litigation cost of Rs.2000/-. Accordingly we proceed to pass the following

O R D E R

The Complaint is allowed in part.  OP is directed to refund Rs.1,25,000/- together  with interest at  the rate of 12% p.a. from the date of respective payments till the date of realisation and pay litigation cost of Rs.2000/- to the complainant.

        This order is to be complied within four weeks from the date communication of this order.

Send the copy of this order to both the parties free of cost.

(Dictated to the Stenographer and typed in the computer and transcribed by him verified and corrected, and then pronounced in the Open Court by us on this the 3rd  day of November 2011.)

MEMBER                        MEMBER                PRESIDENT