Date of filing : 19.07.2010<br /> Date of Order: 21.09.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 21ST DAY OF SEPTEMBER 2010<br /> <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 /> <br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 1629 OF 2010<br /> <br /> Mr. Chaitanaya Swarup Chibbar,<br /> No.725, 4th Main BHEL Layout,<br /> Pattanegere, Rajarajeshwari nagar,<br /> Bangalore-95. Complainant<br /> <br /> <br /> V/S<br /> <br /> The Managing Director,<br /> Country Club <br /> No.273, 1st Main, Defence Colony,<br /> Hal 2nd Stage,<br /> Indiranagar,<br /> Bangalore-38. Opposite party<br /> <br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<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 become member of the opposite party Club. The opposite party had offered free site along with other attractive offers and services. The complainant in all paid Rs.2,30,000/- to the opposite party. The opposite party failed to allot complimentary site and register the same in favour of the complainant. The complainant submitted that the opposite party has committed deficiency in service in not complying the assurance made. Therefore, the complainant has prayed for refund of amount paid by him with compensation and interest. <br /> 2. The notice was sent to the opposite party, notice was served in spite of service of the notice the opposite party has not appeared before this Fora, even the defense version not sent by post. Therefore, op was placed ex-parte. Affidavit Evidence of the complainant has filed. The complainant has produced some documents in support of this case. Arguments are heard. I have perused the complaint, affidavit and documents. As per the case of the complainant he has paid Rs.1,45,000/- towards membership fee and he has paid Rs.60,000/0 towards land registration on 20-6-2009 and he has paid another Rs.25,000/- for registration purpose only on 19-1-2009. in this way the complainant has paid total amount of Rs.2,30,000/- to the opposite party. The opposite party unfortunately did not maintain the commitment. Therefore, the complainant requested for refund of amount. The case put up by the complainant has gone unchallenged. The case of the complainant shall have to be accepted as true and correct. The complainant has proved deficiency of service on the part of the opposite party. Therefore, the complaint deserves to be allowed. In the result, I proceed to pass the following:- <br /> ORDER<br /> 3. The complaint is allowed. The opposite party is directed to refund Rs.2,30,000/- to the complainant within 60 days from the date of this order. In the event of non compliance of the order within 60 days the above amounts carry interest at 9% p.a. from the date of complaint till payment / realization. <br /> 4. The complainants is also entitled Rs.2,000/- as cost of the present proceeding from the opposite party. <br /> 5. Send the copy of this Order to both the parties free of costs immediately. <br /> 6. Pronounced in the Open Forum on this 21ST DAY OF SEPTEMBER 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings<br /> <br /> <br /> MEMBER MEMBER<br />