Date of Filing : 30.06.2011
Date of Order : 23.09.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 23rd SEPTEMBER 2011
PRESENT
Sri. S.S. NAGARALE, B.A., LL.B. (SPL) …. President
Smt. D. LEELAVATHI, M.A., LL.B. …. Member
Sri. BALAKRISHNA V. MASALI, B.A., LL.B.(SPL) …. Member
COMPLAINT NO. 1203 / 2011
Sri. C. Gopinath,
No. 582, 15th Main, HMT Layout,
Near State Bank of Mysore, Mathikere,
Bangalore – 560 054. ……. Complainant
V/s.
The Country Club (India) Ltd.,
No. 675, 9th ‘A’ Main,
Indiranagar, 1st Stage,
Bangalore – 560 038.
Rep. by its Manager (Sales & Marketing) …… Opposite Party
ORDER
(By the President Sri. S.S. Nagarale)
This Complaint is filed the Complaint u/s. 12 of the C.P. Act, 1986 against the OP seeking refund of the amount paid by him
2. Brief facts of the case are that Complainant has become a member of the OP by paying Rs.1,25,000/- towards membership fees. OP has passed Receipt for having received membership amount. OP promised to allot complimentary Site to the Complainant at the time of accepting the membership. But, OP failed to execute the Sale Deed in favour of the Complainant. Several requests were made to the OP for execution of the Sale Deed. There is no possibility of allotment of site. Therefore, Complainant requested the OP to refund the amount paid by him. Complainant further stated that the act of OP amounts to deficiency in service. Complainant got issued legal notice to the OP demanding refund of amount. Even after sending the notice, OP has not taken any steps to refund the amount as prayed by the Complainant. Therefore, complainant was forced to file the Complaint against OP seeking refund of the amount with interest and compensation.
3. After admitting the Complaint notice was sent to the OP by RPAD and OP appeared through their Counsel and filed the defence version denying any deficiency of service on its part. No consideration amount was collected for allotment of complimentary plot. Complimentary plot was not registered in favour of the Complainant just because he failed to pay the remaining membership fees, registration & miscellaneous charges. Allotment of complimentary plot is subject to government approvals and sanctions. It is submitted that OP is ready to register the Plot even now. Therefore, OP prayed to dismiss the Complaint.
4. Arguments are heard.
5. Points for consideration are as under:
(1) Whether the Complainant has proved deficiency in service on the part of OP?
(2) Whether the Complainant is entitled to refund of the amount paid by him?
(3) Whether the Complainant is entitled for the interest on the amount paid by him?
(4) Whether the Complainant is entitled for the compensation?
(5) What order & relief?
6. I have gone through the pleadings of the parties and the documents. By the documents produced by the Complainant, it is clear that he has paid the amount to the OP towards club membership. Complainant has paid the amount on the promise made by the OP that he will be provided complimentary plot, but the OP has not kept-up its promise. Complimentary Plot has not been registered in favour of the Complainant even though the Complainant requested the OP to register the Plot as per its commitment and obligation. Complainant having not satisfied with the attitude / response of the OP got issued legal notice demanding refund of amount, but OP has not replied to the said notice. Since the OP has failed to comply the demand, Complainant was forced to approach Consumer Forum for getting justice. As regards payment of amount is concerned, there is no dispute. OP never denied the payment made by the Complainant. Complainant has produced Cash Receipt passed by the OP to show the payment made by him. Therefore, payment made by the Complainant for becoming a member of the Club shall have to be accepted as true & correct. Since the OP has failed to execute the Sale Deed of the Plot in favour of Complainant, it amounts to deficiency of service. Now the Complainant is not ready to take the Plot offered by the OP. The only demand made by the Complainant is to get the refund of the amount paid to the OP. If OP is ordered to refund the amount, it will not amount to any injustice as the OP will be refunding the amount whatever the amount received from the Complainant. If the Complainant is denied the relief of refund, he will be put to great injustice and financial loss. Complainant has invested his hard earned money with a hope that they may get complimentary plot. Since he could not get the Plot, Complainant is justified to seek refund of the amount made by him. As regards payment of interest is concerned, admittedly, there is no agreement between the parties for payment of interest. It is not a commercial transaction. OP cannot be asked to pay the interest on the amount paid by the Complainant. At the most, Complainant shall entitle interest on the amount paid by him from the date of filing the Complaint before this Forum till the date of refund. Granting interest @ 9% P.A. would be just, fair & reasonable. Complainant has asked for grant of compensation. The question of granting compensation does not arise. Complainant has not proved or established as to how he has suffered mental agony or harassment from the hands of the OP. There is no legal basis to claim compensation on the refund amount. Therefore, request of the Complainant to grant compensation is not considered. In the result, I proceed to pass the following:
ORDER
Complaint is allowed. OP is directed to refund Rs.1,25,000/- to the Complainant.
Complainant is entitled for interest @ 9% P.A. from the date of filing the Complainant i.e., 30.06.2011 till the date of payment / realization.
Complainant is entitled for Rs.2,000/- from the OP towards costs of the present proceedings.
OP is directed to comply the order within 30 days from the date of this order.
Send copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 23rd day of September 2011.
Order accordingly
PRESIDENT
We concur the above findings
MEMBER MEMBER
