Date of Order: 31.08.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 31ST DAY OF AUGUST 2009<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: 1115 OF 2009<br /> Date of Filing: 14.05.2009<br /> <br /> 1. Manoj Thapliyal<br /> <br /> 2. Priyanka Thapliyal<br /> <br /> Both are residing at<br /> House No. 401<br /> Casa Ansal Apartment<br /> Bannerghatta Road<br /> Bangalore 560 076 Complainant<br /> V/S<br /> <br /> 1. Vinay Kumar N.<br /> M/s. Country Club India Ltd.<br /> No. 675, 9th ‘A’ Main<br /> Old Syndicate Bank Road<br /> 1st Stage, Indiranagar<br /> Bangalore 560 038<br /> <br /> 2. Malim<br /> M/s. Country Club India Ltd.<br /> No. 675, 9th ‘A’ Main<br /> Old Syndicate Bank Road<br /> 1st Stage, Indiranagar<br /> Bangalore 560 038<br /> <br /> 3. M. Imamuddin<br /> M/s. Country Club India Ltd.<br /> No. 675, 9th ‘A’ Main<br /> Old Syndicate Bank Road<br /> 1st Stage, Indiranagar<br /> Bangalore 560 038 Opposite Parties<br /> COMPLAINT NO: 1397 OF 2009<br /> Date of Filing: 18.06.2009<br /> <br /> S.M. Saqquaf<br /> SERC, Indian Institute of Science<br /> Bangalore Complainant<br /> <br /> V/S<br /> <br /> The Country Club (I) Ltd.<br /> No. 246, 13th Cross<br /> Indiranagara 2nd Stage<br /> Bangalore 560 038 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> These two complaints are clubbed together for passing common order since the opposite party in both the cases is one and the same and the facts and law involved in these two complaints are one and the same. Therefore, these two complaints can be conveniently disposed off by passing common order. <br /> The complainant in complaint No. 1115/2009 have paid in all Rs. 1,70,000/- to the Country Club towards membership of the club. The complainant in complaint No. 1397/2009 Mr. S.M. Saqquaf has paid in all Rs. 2,55,000/- to the Country Club towards Mr. Kool Life Membership. The complainants submitted that they have not availed any facilities or benefit of the Country Club. The complainants also submitted that the opposite party promised complementary sites and they have failed to allot sites as promised in the brochure. Therefore, the opposite party has committed deficiency in service. The complainants are no more interested in continuing membership of the opposite party club. They demanded refund amount and cancellation of the membership since the opposite party not responded to the request of the complainants. Therefore, respective complainants have been forced to approach this fora for getting justice. <br /> 2. Notice was issued to opposite party. Opposite party put in appearance through advocate. Defence version filed admitting the fact that the complainants have paid amount towards Kool Membership and Country Club Kool Card was issued to them. The opposite party admitted that they have promised free sites as complementary to its members and requested the complainants to come forward for registration and they have also submitted that they are even now ready to register the sties in the name of the complainants and offered all other services. <br /> 3. By the defence version it is clear that there is no dispute as regards receiving of the amount from the respective complainants towards membership of the club. It is also not disputed that opposite party company had promised allotment of complementary sites to the respective complainants. A bear and bald statement of the opposite party that they are ready and willing to allot complementary sites to the complainants cannot be accepted in the absence of any documentary evidence or proof. The opposite party company has not come forward with concrete evidence to show that sites are ready for registration and all other legal formalities have been complied with in forming the layout. No documents are produced to show that layout has been formed and developed. So under these circumstances a bald statement of the opposite party that they are ready to allot the sites cannot be accepted. Under these circumstances the only alternate relief that could be granted to the complainants is refund of the amount received by the country Club. The opposite party club having received the amount is bound to refund the amount with interest. So taking into consideration of all the facts and circumstances of the case complaints are liable to be allowed. In the result I proceed to pass the following:<br /> ORDER<br /> 4. Both the complaints are allowed. The opposite party is directed to refund Rs. 1,70,000/- to the complainants in complaint No. 1115/2009 along with 9% interest p.a. from 26.06.2008 i.e. last date of payment till payment / realization.<br /> 5. The complainant in complaint No. 1397/2009 is entitled for Rs. 2,55,000/- from the opposite party along with 9% interest p.a. from 26.05.2008 till payment / realization.<br /> 6. The complainants are entitled for Rs. 1,000/- each as costs of the present proceedings from the opposite party.<br /> 7. The opposite party is directed to comply the above order within four weeks from the date of this order.<br /> 8. Keep the copy of the order in connected case files. <br /> 9. Send the copy of this Order to both the parties free of costs immediately. <br /> 10. Pronounced in the Open Forum on this 31ST DAY OF AUGUST 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br />