Date of Filing: 17.07.2008<br /> Date of Order:30.09.2008<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 30TH DAY OF SEPTEMBER 2008<br /> PRESENT<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 /> COMPLAINT NO: 1586 OF 2008<br /> V.P. Udaya Kumar<br /> S/o. Late Sri V.R. Padmanabhan<br /> No. 459, Rear Entrance<br /> Opposite Harichand Technologies<br /> Sampige Road, Malleswaram<br /> Bangalore 560 003 Complainant<br /> V/S<br /> <br /> Managing Director<br /> CountryClub (India) Limited<br /> No. 675, 9th A Main<br /> Indiranagar I Stage<br /> Bangalore 560038<br /> Represented by its General Manager Opposite Party<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. <br /> The facts of the case are that complainant has paid sum of Rs. 1,15,000/- on 21.02.2007. Opposite party has issued a receipt to that effect. The allotment letter of the plot, documents of title pertaining to the plot is not given to the complainant. Opposite party was silent with regard to the allotment of plot. Complainant visited opposite party atleast on ten occasions and requested for promised plot. There was no positive action. Opposite party has failed to allot any residential plot to the complainant even after repeated visits to the office of the opposite party. Complainant has not at all utilized any facilities of the opposite party. Complainant was misled and misrepresented by the opposite party. Complainant is entitled for the refund of the amount collected by the opposite party and for damages for deficiency of service. Notice was sent to opposite party on 17.04.2008 demanding refund and damages. Even after notice the opposite party has neither complied with the demand nor sent any reply to the notice. Hence, the complainant prayed opposite party may be directed to refund sum of Rs. 1,15,000/- with 12% interest p.a. from 21.02.2007.<br /> 2. Notice was issued to opposite party. Opposite party has put in appearance through advocate and defence version filed stating that the opposite party has not rendered deficiency in service. Therefore, question of claiming compensation does not arise. The complainant being impressed with the offers expressed his willingness to become member of the opposite party by paying Rs. 1,15,000/-. Opposite party is ready to execute complimentary site sale deed in favour of the complainant near Bagepalli once the complainant makes payment of all the necessary registration and stamp duty charges. <br /> 3. Arguments are heard. Perused the documents.<br /> 4. The point for consideration is:<br /> “Whether the opposite party can be directed to refund the amount paid by the complainant?”<br /> 5. The complainant has produced receipt issued by the opposite party. As per this receipt he has paid Rs. 1,15,000/- on 21.02.2007. The opposite party has produced the copy of legal notice. As regards payment of Rs. 1,15,000/- there is no dispute. The defence version submitted by the opposite party has not been signed or verified by the opposite party. Defence version is signed by the advocate. Therefore, the defence version is not at all valid and legal version. It is as good as no defence version. Therefore, what ever the case made out by the complainant shall be treated as unchallenged. The complainant has paid the amount is admitted by the opposite party. The complainant has not received any service from the opposite party as promised. The complainant has not got complementary plot as per the scheme and promise of the opposite party. Therefore, the complainant does not want to continue his membership with the opposite party club. He wants refund of the amount with interest. The prayer of the complainant is quite just, fair and reasonable. The opposite party cannot be allowed to get the benefit by retaining the amount of the complainant without providing service to the complainant. In other connected matters we have passed the orders directing the opposite party to refund the amount and opposite party had also complied the orders. Therefore, in this case also it is fair, proper and reasonable to direct the opposite party to refund the amount with 12% interest p.a. from 21.02.2007. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 6. The complaint is allowed. The opposite party is directed to refund Rs. 1,15,000/- to the complainant along with 12% interest p.a. from 21.02.2007 till realization. <br /> 7. The complainant is also entitled for Rs. 3,000/- towards costs of the present proceedings from the opposite party.<br /> 8. Send the copy of this Order to both the parties free of costs as per statutory requirements. <br /> 9. Pronounced in the Open Forum on this 30TH DAY OF SEPTEMBER 2008. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> I concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br /> <br /> CV<br />