Date of Filing: 03.02.2011
Date of Order: 18.05.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20
Dated: 18TH DAY OF MAY 2011
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: 239 OF 2011
B.S. Latha Devi
W/o. Gurumurthy
# 17/A, RMV 2nd Stage
Railway Colony
Lotte Gollahally Station
Bengaluru 560 094 Complainant
V/S
1. M/s. Country Club (India) Ltd.
No. 273, 1st Main Road
Defence Colony, HAL 2nd Stage
Indiranagar, Bangalore 560 038
2. M/s. Country Club (India) Ltd.
Sy. No. 55/1, Varthur Hobli
Deevarabeesanahalli
Sarjapur Road, Bangalore
Both No. 1 & 2 are represented by its
Managing Director Mr. Rajeev Reddy Opposite Parties
ORDER
By the President Sri S.S. Nagarale
This is a complaint filed by the complainant under section 12 of the Consumer Protection Act.
The facts of the case are that the complainant has paid in all Rs. 1,25,000/- to the opposite party. The opposite party had issued letter of congratulations to complainant for becoming member of club and issued membership card of Kool-1480. The opposite party had issued receipts for having received the amount. As per the assurance the opposite party has not registered complementary site in favour of complainant. Complainant shocked to see condition of the location of site. They have to travel 130 kms and the sites were not even situated in Karnataka but in Andhra Pradesh. The complainant lost interest in continuing membership of the club and demanded refund of the membership amount. Legal notice was issued to the opposite party requesting the opposite party to cancel the membership and refund the amount. The opposite party has not responded to the notice. Withholding the amount tantamount to unfair trade practice and deficiency of service. The very purpose of becoming member has been defeated. Therefore, the complainant prayed that opposite party be directed to refund Rs. 1,25,000/- along with compensation and interest.
2. After admitting the complaint notice issued to opposite parties. Notice was served. Inspite of service of notice the opposite party has not appeared before the forum. The opposite party remained absent.
3. The complainant has filed her affidavit evidence and documents are produced.
4. Arguments are heard.
5. I have gone through the pleadings and documents.
6. The complainant has produced receipt dated 31.12.2007, Receipt No. 78230 to show that some of Rs. 1,00,000/- has been paid to the opposite party. Another receipt dated 31.12.2007 is produced which is for Rs. 15,000/- and 3rd receipt is produced for Rs. 10,000/-. In this way the total amount paid by the complainant comes to Rs. 1,25,000/-. The complainant has produced letter of opposite party dated 07.01.2008 wherein the opposite party has congratulated the complainant on becoming Kool Card member of Country Club. The opposite party has produced legal notice copy. It is the case of the complainant that as per the assurance given by the opposite party complementary site was not allotted by the opposite party to the complainant. Therefore, complainant requested the opposite party to cancel the membership and refund membership amount. The opposite party has not properly responded to the request of the complainant. Thereafter, legal notice was issued to the opposite party. Inspite of notice the opposite party has not refunded the amount. Therefore, the complainant was forced to file complaint before this forum. The case put up by the complainant has gone unchallenged. Opposite party has not appeared and contested the matter. The opposite party has accepted the case of the complainant by remaining absent. Therefore, the case of the complainant has to be accepted as true and correct. The complainant is entitled for refund of the amount paid to the opposite party since, the opposite party has committed default in not allotting complementary site as per the commitment. This amounts to deficiency of service on the part of opposite party. In the result I proceed to pass the following:
ORDER
7. The complaint is allowed. The opposite parties are directed to refund Rs. 1,25,000/- to the complainant along with 12% interest p.a. from the date of filing complaint till the date of refund / realisation within 30 days from the date of this order.
8. The complainant is also entitled for Rs. 1,000/- as costs of the present proceedings 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 18TH DAY OF MAY 2011.
Order accordingly,
PRESIDENT
We concur the above findings.
MEMBER MEMBER
