COMPLAINT FILED: 01-02-2010 <br /> DISPOSED ON: 30-04-2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)<br /> <br /> DATED THIS THE 30TH APRIL 2010<br /> <br /> PRESENT :-SRI. B.S.REDDY PRESIDENT <br /> SMT. M. YASHODHAMMA MEMBER <br /> SRI.A.MUNIYAPPA MEMBER <br /> COMPLAINT NO.209/2010<br /> <br /> <br /> Sri.C.K.Lakshimiratan,<br /> S/o.Late C.S.Kothandaraman<br /> Aged about 52 years,<br /> Residing at Vivid Villa,<br /> No.254, 37th A Cross,<br /> Jayanagar 9th Block, <br /> Magadi Road,<br /> Bangalore – 560 069. …Complainant<br /> <br /> (Advocate:Sri.B.Subraya Kharvi)<br /> <br /> V/s.<br /> <br /> 1. Country Club (India) Limited<br /> #675, 9th A Main,<br /> Indiranagar Ist Stage,<br /> Bangalore – 560 038. <br /> <br /> 2. The Manager – Customer Care<br /> M/s. Country Club (India) Limited<br /> #675, 9th A Main,<br /> Indiranagar Ist Stage,<br /> Bangalore – 560 038. …Opposite Party<br /> <br /> <br /> O R D E R<br /> <br /> SRI. B.S.REDDY, PRESIDENT<br /> <br /> The complainant filed this complaint u/s. 12 of the C.P. Act of 1986 seeking direction against Opposite Parties (herein after called as OP) to refund an amount of Rs.1,25,000/- with interest at 24% p.a. and to pay compensation of Rs.25,000/- on an allegations of deficiency in service on the part of the OPs.<br /> <br /> The case of the complainant to be stated in brief is that:-<br /> <br /> 2. One of the Marketing executive of OP-1 approached the complainant during December’ 2007 to become a member of the OP-1 club with an assurance that plots will be allotted near International Airport Devanahalli. If complainant became member by paying an amount of Rs.1,25,000/-; he was also informed that he would be given free membership for a period of 6 months as complimentary to its club at their project by name MOKSH. The complainant through credit card made payment of membership fee of Rs.1,25,000/- and the marketing executive filled up relevant application form and obtained the signature of the complainant. The complainant requested the marketing executive to show the plots to be allotted and the documents of the same, but he was informed that the plots will be shown at the time of registration of the document. After lapse of several months the marketing executive did not turn up to show the place where the plots were formed. The complainant approached OP-1 and its customer care requesting to show the plots, but OP-1 and its customer care did not respond properly. On 02-01-2008 the complainant received 3 receipts dated 29-12-2007, for having received full membership fee. The complainant was required to pay further sum of Rs.15,000/- within 30 days of allotment of plots, towards registration charges and maintenance charges. Only after the receipt of the letter dated 03-03-2008 from Country Condons Limited; the complainant was informed that the plot is situated at Penukonda near Andhra Pradesh. The complainant approached OP for cancellation of his membership with a request to refund the amount of Rs.1,25,000/- but OPs failed to refund the same. Thus complainant felt deficiency in service on the part of the OPs and was advised to file this complaint seeking necessary reliefs as stated above.<br /> <br /> 3. Inspite of service of notice OPs failed to appear without any justifiably cause. Hence place exparte.<br /> <br /> 4. In order to substantiate the complaint averments the complainant filed affidavit evidence and produced documents. Written arguments was also filed.<br /> <br /> 7. After perusing the complaint averments and affidavit evidence of the complainant; it becomes clear that one of the Marketing executive of the OP approached the complainant with an assurance of allotting a site near International Airport Devenahalli if complainant becomes member of OP-1 by paying an amount of Rs.1,25,000/-. The complainant believing the assurance of the Marketing executive paid the membership amount of Rs.1,25,000/- through credit card and became member of OP-1. The receipts dated 29-12-2007 produced supports the case of the complainant regarding payment of Rs.1,25,000/. OP has acknowledged the receipt of the membership fee through its letter dated 02-01-2008. on 03-03-2008 Country Condons Limited sent letter of allotment stating that site No.837 is allotted to the complainant without mentioning the exact location of the said site with a demand to pay further sum of Rs.15,000/- towards site confirmation administration charges which includes the stamp paper; fee registration expenses and maintenance charges for a period of 30 months. Further in the said letter it is shown that the said allotment is valid for 30 days from the date of letter. The complainant was assured to allot complimentary site near International airport Devanahalli while accepting membership fee but now site said to have been situated at Penukonda of Andhra Pradesh is allotted. The complainant believing the assurances of OP that he would be allotted a site near International airport Devanahalli became the member of OP-1 and paid membership fee of Rs.1,25,000/-. Since OP-1 has not kept up its promise and allotted the site as assured near International Airport Devanahalli, the complainant is justified in seeking refund of the amount paid. The site situated at Penukonda was not informed to the complainant while he became the member. Under circumstances we are of the view that OPs failure to allot complimentary site near international airport Devanahalli as assured or in non-refunding of membership amount; amounts to deficiency in service on the part of the OPs. The complainant is entitled for the relief of refund of the amount with interest at 12% p.a. Accordingly we proceed to pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint filed by the complainant is allowed in part.<br /> <br /> OPs are directed to refund an amount of Rs.1,25,000/- with interest at 12% p.a. from the date of deposit till the date of realization with litigation cost of Rs.2,000/- to the complainant.<br /> <br /> This order is to be complied within four weeks from the date of its communication. <br /> <br /> Send copy of this order to both the parties free of costs. <br /> <br /> (Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 30th day of April 2010.) <br /> <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> NRS<br /> <br /> ORDER PRONOUNCED IN THE OPEN FORUM<br /> <br /> O R D E R<br /> <br /> The complaint filed by the complainant is allowed in part.<br /> <br /> OPs are directed to refund an amount of Rs.1,25,000/- with interest at 12% p.a. from the date of deposit till the date of realization with litigation cost of Rs.2,000/- to the complainant.<br /> <br /> This order is to be complied within four weeks from the date of its communication. <br /> <br /> Send copy of this order to both the parties free of costs. <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br />