Date of Order: 27.08.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 27TH DAY OF AUGUST 2010<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> COMPLAINT NO: 139 OF 2010<br /> (Date of filing : 22.01.2010)<br /> <br /> Sri P. Maniranjan,<br /> S/o Palaniswamy,<br /> R/at No.71/10, Annipura Road,<br /> Sudhama Nagar,<br /> Bangalore-27. Complainant<br /> <br /> V/S<br /> The Administrative officer,<br /> M/s. The Country Club (India) Ltd.,<br /> No.847/1, adj.to Post office,<br /> 100 Ft. Road, Indiranagar,<br /> Bangalore-38.<br /> Rep. by its Manager Opposite party<br /> <br /> COMPLAINT NO: 140 OF 2010<br /> (Date of filing : 22.01.2010)<br /> <br /> Sri Gautam Agarwal,<br /> S/o N.P. Agarwal,<br /> No.4925, 11th Floor,<br /> High Point-IV, Palace Road,<br /> Bangalore-1. Complainant<br /> <br /> <br /> V/S<br /> M/s. Country Club (India) Ltd.,<br /> No.675, 9th Main, Indiranagar,<br /> 1st Stage, Old Syndicate Bank Road,<br /> Bangalore-38.<br /> Rep. by its Chairman. Opposite party<br /> <br /> COMPLAINT NO: 347 OF 2010<br /> (Date of filing : 18.02.2010)<br /> <br /> <br /> Sri Sampath B.S.<br /> S/o Shambu B.M.<br /> R/at No.87, 22nd Main Road,<br /> Near PES College, Nagendra Block,<br /> Srinagar, Bangalore-50. Complainant<br /> <br /> V/S<br /> <br /> 1. The Country Club (India) Ltd.,<br /> Rep. by its Chairman and MD,<br /> No.8-2-703, Amruth Valley,<br /> Silver Oak, 3rd Floor,<br /> Road No.12, Banjara Hills,<br /> Hyderabad.<br /> <br /> 2.The Manager,<br /> Country Club (India) Ltd.,<br /> No.847, 100 Ft. Road,<br /> 9th Main, Next to P.O.<br /> Indiranagar 1st Stage,<br /> Bangalore-38.<br /> <br /> Also at <br /> No.273, 1st Main Road,<br /> Defence Colony, HAL 2nd Stage,<br /> Bangalore-38. Opposite parties<br /> <br /> COMPLAINT NO: 638 OF 2010<br /> (Date of filing : 24.03.2010)<br /> <br /> Sri Avinash G.Rao,<br /> S/o T.P. Gopala Rao,<br /> No.45, Anuraga,<br /> 5th Cross, K.S.R.T.C. Layout,<br /> 2nd Phase, J.P.Nagar,<br /> Bangalore-78. Complainant<br /> <br /> V/S<br /> M/s. Country Club (India) Ltd.,<br /> No.675, 9th A Main, Indiranagar,<br /> 1st Stage, Bangalore-38.<br /> Rep. by its MD Opposite party<br /> <br /> COMPLAINT NO: 652 OF 2010<br /> (Date of filing : 25.03.2010)<br /> <br /> <br /> Sri Anand V.<br /> S/o Sri Venkataramanappa.S.A.<br /> No.704, 5th Cross,<br /> Kempegowda Layout,<br /> BSK 3rd Stage,<br /> Bangalore-85. Complainant<br /> <br /> V/S<br /> <br /> 1. The General Manager,<br /> Country Club (India) Ltd.,<br /> No.675, 9th A Main Road,<br /> Indiranagar 1st Stage,<br /> Bangalore-38.<br /> <br /> 2. Country Club(India) Ltd.,<br /> No.273, 1st Main Road,<br /> Defence Colony, HAL 2nd Stage,<br /> Bangalore-38.<br /> Rep. by its MD Opposite parties<br /> <br /> COMPLAINT NO: 656 OF 2010<br /> (Date of filing : 25.03.2010)<br /> <br /> Sri S.Manjunath Prasad,<br /> S/o K.S. Sangappa,<br /> R/at Hrishikesh Nivas,<br /> Door No.601, 27th Main,<br /> 2nd Stage, 1st Phase,<br /> BTM Layout,<br /> Bangalore-76. Complainant<br /> <br /> <br /> V/S<br /> M/s. Country Club (India) Ltd.,<br /> Adm. Office No.847/1, Adj. to Post office,<br /> 100 Ft. Road,<br /> Indiranagar, Bangalore-38.<br /> Rep. by its Divisional Manager. Opposite party<br /> <br /> <br /> <br /> <br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> These six complaints are clubbed together for passing common order since, the opposite parties in all the cases are one and the same and question of facts and law involved is also one and the same. Therefore, these six cases can be conveniently disposed off by passing common order. <br /> 1. The respective complainants have filed complaints under section 12 of the Consumer Protection Act. <br /> 2. The case of the complainant in cc No.139/2010 Sri P.Maniranjan is that he has paid in all Rs.1,25,000/- towards Club Membership to the opposite parties. The complainant Sri Goutam Agarwal in complaint No.140/2010 has paid in all Rs.1,15,000/- for club Membership to the opposite parties. The complainant Sri Sampath B.S. in complaint No.347/2010 he has also paid Rs.1,15,000/- for club Membership. The complainant Sri Avinash G.Rao in complaint No.638/2010 he has also paid Rs.2,40,000/- for club Membership. The complainant Sri Anand V. in complaint No.652/2010 he has also paid Rs.1,15,000/- for club Membership. The complainant Sri Manjunath Prasad in complaint No.656/2010 he has also paid Rs.99,000/- for club Membership to the opposite parties. The complainants have submitted that the opposite parties had promised for allotment of a complimentary plot to the complainants. It is the case of the complainants that the opposite parties club not maintained its commitment and obligation and the complementary plots have not been allotted and registered in their favour as per promise of the opposite parties. Therefore, the complainants got issued legal notice, intimating to cancel the membership and refund the amount with interest and compensation.<br /> 3. The opposite parties have filed version in all the cases, stating that the complaint is not maintainable. There is no deficiency of service on the part of the opposite parties. The opposite parties are ready and willing to allot and register the complementary site even now also. Therefore, the opposite parties requested to dismiss the complaints. <br /> 4. The respective parties have filed Affidavit evidence and documents. <br /> 5. Arguments are heard.<br /> 6. The points for consideration are:<br /> 1. Whether the complainants have proved deficiency of service on the part of opposite parties?<br /> 2. Whether the complainants are entitled for refund of amount paid by them? <br /> <br /> <br /> <br /> <br /> REASONS<br /> 7. It is an admitted case of the parties that the complainants have paid certain amount as stated above to the opposite parties for club membership. The amount was paid on different dates. The opposite parties never denied the payment of amount towards membership of the club. The respective complainants have filed copy of legal notice and receipts passed by the opposite parties to prove the payment made by them. It is the case of the complainants that as per the commitments the opposite parties have not allotted complementary plots and documents were not registered in their favour. Therefore, they don’t want to continue with the membership of the opposite parties club. They requested the opposite parties to cancel the membership and refund the amount. The payment of amount is concerned there is no dispute. The opposite parties have submitted that even now it is ready to allot the plot and register the document. The opposite parties produced copy of agreement of sale cum general power of attorney deed and also layout plan issued by Panchyat Secretary, Somadapalli Mandal. Mere agreement of sale deed will not give any title to the property it will not create any interest in the property. Therefore, the opposite parties can not take defense on the strength of agreement of sale cum general power of attorney deed. But, the complainants are not ready to accept the plots at this stage and requested only to refund the amount. The Hon’ble State Commission in appeal No.3106/2009 decided on 11-3-2010 between S.M. Saqquaf v/s Country Club confirmed the order of this forum for refund of the amount. Therefore, there are no any legal heralds to allow the complaints. Therefore, these six complaints are also liable to be allowed. Not registering the complimentary site in favour of the respective complainants as per the commitment amounts deficiency of service. The complainants being consumers under the Consumer Protection Act, their interest requires to be protected by passing order for refund. The complainants have prayed for grant of compensation. On the facts of the case these are not fit cases to grant compensation. The complainant grant of past interest from the date of respective payments made by them, admittedly there is no agreement or clause in the agreement for payment of interest on the refund amount. These amounts are the membership fee paid to the club and now the complainants prayed for cancellation of membership and refund of the amount paid by them. Therefore, the complainants are not entitled for the refund amount. Since, there is no contract between the parties for payment of interest. The present transaction is also not commercial transaction, so as to claim the interest on the refund amount. The ends of justice will be met in ordering the opposite parties to refund the amount received from the respective complainants. In the result, I proceed to pass the following:<br /> ORDER<br /> 8. These six complaints are allowed. The opposite parties are directed to refund Rs.1,25,000/- to Sri P.Mairajnaj complainant in cc.No.139/2010. The opposite parties are directed to refund Rs.1,15,000/- to Sri Gautham Agarwal in cc No.140/2010. The opposite parties are directed to refund Rs.1,15,000/- to Sri Sampath B.S. in cc No.347/2010. The opposite parties are directed to refund Rs.2,40,000/- to Sri Avinash G.Rao complainant in cc.No.638/2010. The opposite parties are directed to refund Rs.1,15,000/- to Sri Anand V. complainant in cc.No.652/2010. The opposite parties are directed to refund Rs.99,000/- to Sri Manjunath Prasad complainant in cc.No.656/2010 within 60 days from the date of this order. In the event of non compliance of the order within 60 days the complainants are entitled interest at 9% p.a. on the above amounts from the date of complaint till payment / realization. <br /> 9. The respective complainants are entitled Rs.1,000/- as cost of the present proceeding from the opposite parties. <br /> 10. Send the copy of this Order to both the parties free of costs immediately. <br /> 11. Keep the copy of the order in connected case file. <br /> 12. Pronounced in the Open Forum on this 27TH DAY OF AUGUST 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> I concur the above findings <br /> <br /> MEMBER<br /> <br />