In the Court of the
Consumer Disputes Redressal Forum, Unit -I, Kolkata,
8B, Nelie Sengupta Sarani, Kolkata-700087.
CDF/Unit-I/Case No. 167 / 2010.
1) Sri Dinesh Agarwal,
GARD House, 11A/1D, East Topsia Road, Kolkata-700046. ---------- Complainant
---Versus---
1) M/s. Country Club (India) Ltd.
2) Rajiv Reddy, M.D..Chairman, Country Clun (India) Ltd.,
3) The Branch Manager, Country Clun (India) Ltd.
Having its Registered Office at :
Amrurha Castle, 5-9-16, Saifabad, Hyderabad-500063.
Administrative Office at :
# 675, 9th A Main, Indiranagar, 1st Stage, Bangalore-560038.
Kolkata Branch Office at :
8, Ho Chi Minh Sarani, 4th Floor, Flat no. 29, Kolkata-71. ---------- Opposite Parties
Present : Sri Sankar Nath Das, President.
Smt. Jhumki Saha, Member.
Dr. A. B. Chakraborty, Member
Order No. 18 Dated 22/03/2012.
The petition of complaint u/s 12 has been filed by the complainant Dinesh Agarwal against the o.ps. M/s Country Club (India) Ltd. The case of the complainant in short is that being allured by assurance given by the agent of o.ps., complainant took electronic membership card from o.ps. for getting services and facilities in and outside the town bearing membership no.CK-117K and that card marked with CK27 on payment of sum of Rs.1 lakh. Subsequently complainant got no facilities assured by o.ps. and being aggrieved complainant requested for refund of Rs.1 lakh and cancellation of his membership personally as well as through ld. advocate’s letter. But o.ps. did not pay heed to his request. Hence, the case.
O.ps. had enter its appearance in this case by filing w/v only wherein denied all the material allegations and prayed for dismissal of the case.
Decision with reasons:
We have gone through the pleadings of the parties, evidence and documents in particular. The main contention of o.ps. is that at the time of signing of the membership application form complainant was well aware that the application form was for CK27 Club, Bangalore wherein the member could enjoy facilities of the club in India as well as in abroad and complainant was also aware that the club CK27 of Kasba, Kolkata was under construction whereas the facilities of club of Baruipur was available and thus the question of refund the membership subscription does not arise. It is an admitted position that complainant made payment of Rs.1 lakh and has asserted that no facility was gien to him. Be that as it may fact remains that complainant actually made payment of Rs.1 lakh without having any facilities from o.ps.
That being the position we are of the view that o.ps. are duty bound being service provider to their consumer / complainant to refund the membership subscription of Rs.1 lakh to complainant for not providing facilities as was agreed upon and as such, we are of view that complainant is entitled to relief as prayed for.
Hence, ordered,
That the petition of complainant is allowed on contest with cost against o.ps. O.ps. are jointly and severally directed to refund of Rs.1,00,000/- (Rupees one lakh) only together with interest @ 10% p.a. from the date of deposit till the realization and are further directed to pay compensation of Rs.15,000/- (Rupees fifteen thousand) only to complainant for his harassment and mental agony and litigation cost of Rs.5000/- (Rupees five thousand) only within 45 days from the date of communication of this order, i.d. an interest @ 10% p.a. shall accrue over the entire sum due to the credit of complainant till full realization.
Supply certified copy of this order to the parties.
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MEMBER MEMBER PRESIDENT
