Date of Filing: 16.01.2008<br /> Date of Order: 18.04.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 18TH DAY OF APRIL 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: 153 OF 2009<br /> <br /> Smt. Archana Jhajharia<br /> W/o. Surya Kant<br /> R/at 192, 6th Main, BCC Layout<br /> Bangalore 560 040 Complainant<br /> V/S<br /> 1. M/s. Country Club (India) Ltd.<br /> Regd. Office: Amrutha Castle<br /> 5-9-16, Saifabad, Opp. Secretariat<br /> Hyderabad 560 063<br /> <br /> 2. The Manager<br /> Sales & Marketing<br /> M/s. Country Club (India) Ltd.<br /> South # 847, 100 ft. Road<br /> Adj. to Indiranagar Post Office<br /> Indiranagar, Bangalore 560 038 Opposite Parties<br /> <br /> COMPLAINT NO: 415 OF 2009<br /> <br /> B.E. Vinod Kumar<br /> No. 3/5A, I Cross, 4th Main<br /> Abbayappa Layout, N.S. Palya<br /> B.T.M. Layout II Stage<br /> Bangalore 560 076 Complainant<br /> <br /> COMPLAINT NO: 416 OF 2009<br /> Hari K.<br /> C/o. Vijay Mangala Logistics<br /> No. B-177, I Floor, D.D.U.T.T.L.<br /> Industrial Suburb, Yeshwanthpur<br /> Bangalore 560 022 Complainant<br /> V/S<br /> Country Club (India) Limited<br /> # 675, 9th A Main Road<br /> Indiranagar I Stage<br /> Bangalore 560 038 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> All three complaints are clubbed together for passing common orders since the facts and law points involved in these three complaints are one and the same and the opposite party in all these cases is one and the same. <br /> The respective complainants have filed complaints under Section 12 of the Consumer Protection Act praying refund of the amount paid to the opposite party towards Mr. Cool Card Membership.<br /> The facts of the case are that the opposite party company offered the membership with attractive offers such as free stay for one week in every year for the next 30 years with RCI affiliation, free trip to Goa with one way air tickets for the couple, complimentary stay at Coorg and in addition to this facilities opposite party company also offered free gift of residential plot to the respective complainants. The complainant in complaint No. 153/2009 Archana Jhajharia has paid in all Rs. 2,30,000/- to the opposite party. It is the case of the complainant that the opposite party company has not provided any facilities as promised. The complainant requested to allot sites, but company did not give any proper response. The opposite party company is postponing to register the sites as promised. The employees started giving evasive answers and company did not given sites as promised. Therefore, there was deficiency in service on the part of the opposite party company. The complainants have prayed for refund of the amount paid by them with interest. <br /> 2. Notice was issued to opposite party. Opposite party put in appearance through advocate and defence version filed stating that the respective complainants have paid the amount towards membership fee. It is also admitted that the company had given offers under the scheme to the complainants. It is the case of the opposite party that they are even now ready to serve its members. The opposite party ready to register site in the name of complainants as soon as complainants makes payment of registration fee and stamp duty. Opposite party is ready to produce approved layout plan and conversion order. Therefore, the opposite party submitted that the complaints are not maintainable and same is liable to be dismissed.<br /> 3. Arguments are heard.<br /> 4. The points for consideration are:<br /> “1. Whether the complainants are proved deficiency of service on the part of the opposite party?<br /> 2. Whether the complainants are entitled for refund of the amount?”<br /> <br /> <br /> 5. I have gone through the complaints, defence version and documents. Complainant in complaint No. 153/2009 Smt. Archana Jhajharia has produced receipt dated 16.08.2006 for Rs. 60,000/- under receipt No. 16835 towards Mr. Super Cool Membership fee through D.D. 318064 and Rs. 70,000/- is paid to the opposite party on 26.08.2006 under receipt No. 17517 through D.D. 318065 and Rs. 50,000/- is paid by the complainant to opposite party on 13.11.2006 under receipt No. 22127 through D.D. 378075 and another Rs. 50,000/- is paid on 02.12.2006 under receipt No. 23597 through D.D. 318066. Totally the complainant has paid an amount of Rs. 2,30,000/- to the opposite party. The opposite party has accepted the payment made by the complainant. In the defence version the opposite party has stated that even now they are ready to register complimentary site in favour of the complainant. But, the opposite party has not produced the approved layout plan and conversion order to show that sites are ready for allotment. The opposite party has not given any particulars of plots in the defence version. Defence version is not clear whether the plots have been formed, developed and ready for registration. So under these circumstances there is no use in directing the opposite party to register plots in the name of respective complainants. The complainants submitted that they do not want any plots from the opposite party. They are satisfied if the amount paid by them is refunded with interest. This is clear case of deficiency of service on the part of the opposite party. The opposite party has utilised the money received from the complainants. Therefore, the opposite party is bound to pay the interest on the amount. The complainant Vinod Kumar in complaint No. 415/2009 has paid in all Rs. 1,15,000/-. Rs. 25,000/- was paid on 02.02.2007 and Rs. 90,000/- was paid on 18.01.2008 through D.D. Receipts have been produced. The complainant in complaint No. 416/2009 Hari K. has paid Rs. 1,25,000/- to the opposite party under different receipts. Payment made by this complainant to the tune of Rs. 1,25,000/- towards membership fee is admitted by the opposite party in the defence version. Therefore, there is no dispute what so ever in respect of the amount paid by respective complainants. The complainants want refund of their amount. The prayer of the complainants is quite just, fair and reasonable. If the opposite party is directed to refund the amount in that case no injustice would cause to the opposite party. Opposite party having received the amount and utilised the same is bound to pay the interest. Consumer Protection Act is a social and benevolent legislation. It is intended to protect the better interests of the consumers. The opposite party under the guise of giving so many services and complimentary sites has received the amount from the respective complainants. It has failed to provide any service offered. The defence of the opposite party that even now opposite party is ready to give sites to the respective complainants cannot be accepted and believed because the opposite party has not furnished particulars of plots and documents like approved layout plan and conversion order etc. So there is no merit in the offer of the opposite party. Therefore, it is proper to direct the opposite party to refund the amount received from the complainants with interest. In the result I proceed to pass the following:<br /> ORDER<br /> <br /> 6. All the complaints are allowed. The opposite party is directed to refund Rs. 2,30,000/- to the complainant Smt. Archana Jhajharia in complaint No. 153/2009 with 12% interest p.a. from respective date of receipt of amount till the date of payment / realisation. The opposite party is directed to refund Rs. 1,15,000/- to the complainant B.E. Vinod Kumar in complaint No. 415/2009 with 12% interest p.a. from respective date of receipt of amount till the date of payment / realisation. The opposite party is directed to pay Rs. 1,25,000/- to the complainant K. Hari in complaint No. 416/2009 with 12% interest p.a. from respective date of receipt of amount till the date of payment / realisation. <br /> 7. The complainants in all the three cases are entitled for Rs. 2,000/- as costs of the present proceedings from the opposite party.<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 18TH DAY OF APRIL 2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br />