Date of Filing:18.04.2009<br /> Date of Order:13.07.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 13TH DAY OF JULY 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 903 OF 2009<br /> <br /> Sanjeev Kumar / <br /> Mittal Panchal, W/o. Sanjeev Kumar<br /> # 230, Ground Floor, 18th Main<br /> 1ST C Cross, HAL 2nd Stage<br /> Near Diamond District<br /> Bangalore 560008 Complainant<br /> <br /> V/S<br /> <br /> Country Club (India) Ltd.<br /> # 675, 9th ‘A’ Main<br /> Indiranagar 1st Stage<br /> Bangalore 560038 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant.<br /> The facts of the case are that the complainant has paid in all Rs. 40,000/- to the opposite party towards membership of the opposite party club. The complainant submitted that he is not interested in continuing the membership. He reminded return of Rs. 40,000/-. The opposite party promised to return the amount without interest before 20.07.2008. Again the opposite party promised to pay the amount by 15.01.2009. Complainant wrote reminder, e-mails and contacted the opposite party over phone. But there was no reply. The complainant saw many cases against the opposite party company in Consumer Forums website. Therefore, he decided to file the complaint. Complainant submits that he belongs to middle class family and he cannot afford to become member of the club. The opposite party demanded additional sum of Rs. 40,000/- for registration of two plots but the complainant is not willing to pay the additional amount. Therefore, he wants refund of amount.<br /> 2. Notice was issued to opposite party. Opposite party appeared through advocate and filed defence version stating that opposite party is a club registered under Indian Companies Act 1956. The complainant being attracted by the offers made by the opposite party expressed his willingness to become member of club under the scheme known as Millionaire Club Card and paid Rs. 40,000/-. Complainant was offered complimentary plots under the scheme. The complainant has to clear the balance amount of Rs. 20,000/- towards membership fee. When the balance amount was reminded by opposite party the complainant came up with this present complaint. Hence, the opposite party prayed to dismiss the complaint.<br /> 3. Arguments are heard.<br /> 4. The point for consideration is:<br /> Whether the complainant is entitled for refund of the amount?<br /> 5. It is admitted case of the parties that the complainant has paid Rs. 40,000/- to the opposite party. The complainant has produced receipt dated 19.02.2008 for Rs. 5,000/- and another receipt is for Rs. 35,000/- which is dated 15.02.2008. Therefore, it is clear that complainant has paid in all Rs. 40,000/- to the opposite party towards Millionaire Club Premium membership. The complainant has produced letter sent to the opposite party stating that he is not interested in continuing the membership and requested the opposite party to return back Rs. 40,000/-. Complainant has also produced e-mail correspondence. The complainant submitted that the opposite party is paying additional amount of Rs. 40,000/- to allot two complimentary sites. Therefore, he is not interested in continuing the membership of the opposite party club. The complainant demanded for refund of the amount. The opposite party had promised to return whole amount. So taking into consideration of all the facts and circumstances of the case it is just, fair and reasonable to direct the opposite party to refund Rs. 40,000/- with interest. The opposite party has to pay the interest on the amount since, the opposite party has utilised the amount. In similar cases against opposite party club this forum, other District Consumer Forums and State commission are awarding interest on the refund amount. Therefore, it is just, fair, reasonable and proper to award 12% interest on Rs. 40,000/- from the date of respective payment made by the complainant. In the result I proceed to pass the following: <br /> ORDER<br /> 6. The complaint is allowed. The opposite party is directed to refund Rs. 40,000/- to the complainant along with 12% interest p.a. on that amount from 19.02.2008 till payment / realisation within 30 days from the date of this order.<br /> 7. The complainant is also entitled for Rs. 2,000/- as costs of the present proceedings 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 13TH DAY OF JULY 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER<br /> <br />