O R D E R <br /> <br /> <br /> SRI. D.KRISHNAPPA., PRESIDENT., <br /> <br /> <br /> The grievance of the complainant against the OP in brief is that he became a member of the Op club and became a member as Mr. cool. Thereafter the Op suggested him to pay Rs.1,25,000/- towards the membership fee and through that member ship OP offered him 1089 sq feet of land at Tumkur. Later the OP promising him allotment of a site at Tumkur by giving certain survey numbers in which the proposed layout would be developed the complainant was invited by the Op to get his membership upgraded and to that membership he was told to pay balance amount of Rs.4,55,000/- with a promise that by paying so much amount he will get Cool Golf village membership and OP by so prevailing upon him promised him to allot 5 sites. Therefore he in all has paid Rs.5,79,000/- on various dates. Thereafter the Op told him to pay Rs.30,000/- as registration charge promising to get the site immediately. The OP had told him to allot site No:104 but on going to the spot where the layout was proposed he did not see any developmental activities. Thereafter Op promised to allot site either at Tumkur or at Krishnagiri and despite receipt of registration charges of Rs.30,000/- the OP did not show any progress of formation of layout. Therefore he lost faith in Op and requested him to pay back his membership fee with interest. The Op further alleged to had offered several other facilities but offered none. Hence has prayed for a direction to the OP to refund Rs.5,79,000/- with interest and cost. <br /> <br /> OP has appeared through his advocate and filed version interallia contending that compliant is not maintainable and is filed with a malafide intention. That he has not caused any deficiency in his service and he had promised to allot a site within two months but was not materialized. Op has stated that a permanent member of his club would get life member ship, complimentary plot of 5382 sq feet at coconut grove, Golf village besides other holiday packages. He has further contended that much progress could not be done at the land purchased at A.M.Kaval, Badavanmahalli at Tumkur district. The Op without disputing the amount paid by the complainant stated to have allotted a site bearing No:104 through allotment letter dated 19-01-2009 and stated because a site was allotted to the complainant, he had collected Rs.30,000/- towards registration fee but there was a delay in getting approval from the concerned governmental departments. Stating that the membership fee is not refundable has contended that amount paid by the complainant is utilized for developmental works and therefore denying any deficiency at his end has prayed for dismissal of the compliant. <br /> <br /> In the course of enquiry into the complaint, the complainant and one Alla Subba reddy for OP have filed their affidavit evidence by reproducing what they have stated in their respective compliant and version. The complainant alongwith the compliant has produced copies of the letters exchanged, copy of a letter indicating allotment of site No:104 measuring 5300 sq feet and copy of facilities offered to the complainant and copies of receipts under which payments were made to the OP. OP has produced a copy of the application filed by the complainant and a brochure of the offers made to the complainant. Counsel for the Op has filed written arguments. We have heard the complainant who is in person and gone through the material documents and written arguments. <br /> <br /> On consider of the above materials, following points for determination arise.<br /> <br /> 1. Whether the complainant proves that the OP has caused deficiency in his service by not allotting site has promised and failed to provide the other facilities offered ? <br /> <br /> 2. To what relief the complainant is entitled to ?<br /> <br /> Our findings are as under:-<br /> <br /> Point No: 1 in the affirmative.<br /> Point No: 2:see the final order.<br /> <br /> REASONS: Answer to Point No:1:: As found from the facts narrated by both the parties, there is no dispute about the fact that this complainant became a member called Mr.Cool golf village member and had paid Rs.5,79,000/- to the Op. The OP has produced the brochure containing the facilities offered to the member and allotment of sites besides agreeing to provide certain packages. But the complainant has contended that the Op went on promising to allot sites at Tumkur and went on changing location of the proposed layout and even in providing certain packages. On perusal of the papers OP found to have promised a site measuring 5000 sq feet at Cool club, Coconut grove at Tumkur. Then three more sites of 1089 sq feet besides certain packages. As against this the complainant submitted that he went to the spot were sites were promised but he did not find any move of an inch of any development in the formation of the layout and allotment of the sites. It is further found that the complainant was also not given the other packages promised by the OP. <br /> <br /> It is found from the records that the complainant had paid Rs.5,49,000/- on various dates till 18-12-2006. And the complainant’s allegation that the Op has not formed sites for allotment and he did not find any improvement at the lands shown by the OP has not been controverted. The OP after receiving a substantial amount upto December 2006 has not proved before us regarding formation of layout, availability of the sites and having offered the packages. The Op not only in his version but also in the affidavit evidence filed admitted delay in getting approval from the concerned government department and they are unable to form the plot and to allot the same to its members including the complainant. It is therefore clear, right from the year 2006 till date OP has not been able to form layout and to allot sites to the complainant. With this admission of the OP the fact is clear that after the receipt of considerable amount OP is squatting on that amount without moving an inch to show progress. Under these circumstances when the complainant requested the OP to refund his money the OP has no option but to refund the entire deposit amount. The complainant who has invested his hard earned money is left with helplessness and was compelled to approach this forum with this compliant. The defence of the Op, that the amount received is non-refundable do not stand to the reasons. When admittedly the OP has not performed the promises in our view has no right to contend that the amount is not refundable, particularly when he has not rendered any service to the complainant as agreed. The OP has also not put forward anything in having had spent any money for the benefit the complainant as such these facts in our view prove the deliberate silence of the OP in refunding the money as such the compliant in our view deserves to be allowed by answering point NO:1 in the affirmative and thus we pass the following order. <br /> <br /> O R D E R<br /> <br /> Complaint is allowed. OP is directed to refund Rs.5,79,000/- with interest @ 16% per annum from the date of respective deposits till the date of payment and he shall refund that amount with interest within 60 days from the date of this order. <br /> <br /> OP shall also pay cost of Rs.2000/- to the complainant. <br /> <br /> Dictated to the stenographer. Got it transcribed and corrected. Pronounced in the open forum on this the 18th February 2010.<br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT. <br />