M/s. Country Club India Ltd., The Country Club Bangalore
...........Respondent(s)
BEFORE:
Complainant(s)/Appellant(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
OppositeParty/Respondent(s):
ORDER
Date of filing : 16.10.2009 Date of Order: 15.07.2010 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20 Dated: 15TH DAY OF JULY 2010 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: 2421 OF 2009 Mr. Suresh N.Sagar, S/o late K. Narayanappa, Proprietor, Omplast Inc., No.4/33, 2nd Main Road, Chennigappa Indl. Estate, Sunkadakatte, Magadi Road, Bangalore-91. Complainant V/S 1.M/s. Country Club (India) Ltd., Amrutha Castle, 5-9-16, Saifabad, opp. Secretariat, Hyderabad-560063. Rep. by its MD 2. The Country Club-Bangalore, A Dvn. of Country Club (India) Ltd., No.847/1, 100 Ft. Road, Adj. to Indiranagar Post office, Indiranagar, Bangalore-38. Rep. by its MD Opposite parties ORDER By the President Sri S.S. Nagarale This is a complaint filed under Section 12 of the Consumer Protection Act, 1986. The brief facts of the case are that, the complainant has become member of the opposite parties Club, Mr. Cool card membership is obtained and the complainant has paid membership fee of Rs.1,15,000/- in installments to the opposite parties and Rs.10,000/- was paid for stamp paper and registration fee. The opposite parties Club offered complementary plot and other facilities. Even after repetitive request the opposite parties fail to register the site in favour of the complainant as promised. The complainant got issued legal notice. Even after notice also the opposite parties not had taken any steps. Therefore, the complainant seeks refund of the amount paid by him with interest and compensation. 2. The opposite parties had filed defense version, stating that the complaint is false. The complainant has utilized services provided by the opposite parties. The membership fee is non refundable but membership is transferable and if the complainant wants he can transfer the membership. There is no deficiency of service. Even now the opposite parties are willing to register the site in favour of the complainant. Therefore, the opposite parties requested to dismiss the complaint. 3. The respective parties have filed Affidavit evidence and documents. 4. Arguments are heard. 5. The points for consideration are: 1. Whether the complainant has proved deficiency of service on the part of opposite parties? 2. Whether the complainant is entitled for refund of amount paid by him? REASONS 6. The complainant has produced documents and receipts. He has produced receipt dated 10-8-2006 for Rs.10,000/- and he has produced receipt given by the opposite parties on 15-6-2006 for Rs.50,000/- and he has produced another receipt for Rs.3,666/-. In this way the complainant has produced documents to support the total payment made by him totaling Rs.63,666/-. As per the complainant he is claiming Rs.1,35,000/- from the opposite parties but the complainant has not produced receipt or any other documents to prove the fact that he has paid Rs.1,35,000/- to the opposite parties. Therefore, under these circumstances the complainant is entitled for the refund of Rs.63,666/- from the opposite parties. The complainant does not want membership and complementary site. He has requested for cancellation of membership. Therefore, the opposite parties shall be directed to refund the amount received from the complainant towards Mr. Cool membership. Since, the opposite parties failed to execute sale deed for a complementary site as per the commitment it amounts to deficiency of service on the part of the opposite parties. In the result, I proceed to pass the following: ORDER 7. The complaint is allowed. The opposite party No.1 & 2 is directed to refund Rs.63,666/- to the complainant within 60 days from the date of this order. In the event of non compliance of the order within 60 days the above amounts carry interest at 9% p.a. from the date of complaint till payment / realization. 8. The complainant is also entitled Rs.1,000/- as cost of the present proceeding from the opposite parties. 9. Send the copy of this Order to both the parties free of costs immediately. 10. Pronounced in the Open Forum on this 15TH DAY OF JULY 2010. Order accordingly, PRESIDENT We concur the above findings MEMBER MEMBER
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