Date of Filing:17.08.2010<br /> Date of Order:16.09.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 16TH DAY OF SEPTEMBER 2010<br /> PRESENT<br /> <br /> <br /> <br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> <br /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 1926 OF 2010 <br /> <br /> <br /> Mr. Mohan Jamakhandi,<br /> R/at No.302, Purva Fair Mont,<br /> 24th Main, 25th Cross,<br /> Sector-2, HSR Layout, <br /> Bangalore. Complainant<br /> <br /> V/S<br /> <br /> M/s. Country Vacations <br /> (International Holiday Club)<br /> A Division of Country Club India Ltd.,<br /> At No.4, 3rd Floor,<br /> S.V. Towers, Krishna Industrial Area,<br /> Hosur Road, Koramangala, <br /> Bangalore-29.<br /> Rep. by its Branch Manager 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 paid in all Rs.1,15,000/- to the opposite party towards membership of the club. The opposite party offered complimentary site but, the opposite party has not kept up the promise and site is not registered. Therefore, the complainant made repeated request for refund of the amount and cancellation of the membership. The opposite party has given letter to the complainant that they will refund the amount within 90 days and requested to kindly co-operate. The opposite party has sent another letter to the complainant stating that refund is delayed due to insufficient fund, kindly co-ordinate with them. In spite of letters and undertaking the op has not paid the amount. Hence, the complaint. <br /> 2. The opposite party has filed defense version admitting receipt of total amount of Rs.1,15,000 from the complainant. The opposite party has also admitted that he had assured allotment of complimentary plot and also admitted issue of letters to the complainant undertaking to refund the amount within 90 days. <br /> <br /> 3. Heard the arguments on both the side. <br /> <br /> <br /> 4. In the light of the arguments advanced by the learned Advocates for the respective parties, the following points arise for consideration:-<br /> <br /> 1. Whether the complainant has proved deficiency of service on the part of the opposite party?<br /> <br /> 2. Whether the complaint is entitled for refund of the amount? <br /> <br /> REASONS<br /> 5. It is an admitted case of the parties that, the complainant has paid Rs.1,15,000/- to the opposite party, he has produced receipt dated 12-1-2010 for Rs.1,15,000/- and also produced purchase agreement and letters of the opposite party dated 18-3-2010 and 24-6-2010. By these documents it is very clear that the complainant is entitled for Refund of Rs.1,15,000/- from the opposite party. The opposite party has failed to refund the amount even though had undertaken to refund the amount within 90 days. Therefore, the complainant is forced to file the present complaint. The complainant has proved deficiency of service. The complainant is definitely entitled for the refund of amount paid by him. 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 within 30 days from the date of this order. In the event of non compliance of this order the above amount carries 6% interest p.a. from the date of filing complaint till the date of payment / realisation. <br /> 7. The complainant is entitled cost of Rs.1,000/- from the opposite party.<br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> 9. Pronounced in the Open Forum on this 16TH DAY OF SEPTEMBER 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> I concur the above findings<br /> <br /> MEMBER <br /> <br />