Date of Filing:11.07.2009<br /> Date of Order:20.11.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 20TH DAY OF NOVEMBER 2009<br /> PRESENT<br /> <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: 1695 OF 2009<br /> <br /> <br /> S.Gopal,<br /> A/o Subramani,<br /> R/at No. 64/1, II Main,<br /> Prashanthnagar,<br /> Bangalore-560 079. Complainant<br /> <br /> V/S<br /> <br /> M/s Country Club (India) Ltd.,<br /> No. 273, Main Road,<br /> Defence Colony,<br /> HAL II Stage, Bangalore 560 038. Opposite Party<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986. <br /> The case of the complaint is that, he has paid in all Rs. 1,15,000/- with a promise of different attractive facilities and a complimentary plot at Coconut Groove towards “Mr. Cool Privilege Card Member” Ship to the opposite party. The complainant submitted that, believing in the promises and colourful words of the opposite party, he has paid Rs. 1,15,000/- towards full membership fee and the same is acknowledged by their letters dated 23/12/2006 and 30/12/2006. Though full payment towards the said membership is paid by the complainant, the opposite party has not allotted any plot in the coconut groove. The complainant made several phone calls to the opposite party expressing his grievances in the facilities offered by them, the poor services offered by them and their failure to allot the plot as promised by them while luring the complainant with their colourful words and demanded the demanded for refund of the amount and cancellation of the membership since the opposite party has not responded to his request, has approached this Forum requesting to direct the opposite party to refund Rs. 1,15,000/- with interest and cost. <br /> 2. Notice was issued to opposite party through RPAD. Notice was served. The opposite party appeared through Advocate and filed defence version admitting that as per the request of the father of the complainant, the membership was upgraded to “Super Cool Card” which is worth around Rs.2,30,000/- and transfer the membership to the name of the complainant and degraded to a membership which was worth Rs.1,15,000/- and transferred his membership to the name of the complainant and issued all the receipts in the name of the complainant. The father of the complainant has also filed a complaint which has been numbered as 1008/2009 which has not been disclosed by this complainant. Without disclosing all these facts has filed this complaint so as to cheat the opposite party of the non refundable membership amount. The complainant is seeking refund without any fault or without proving any deficiency of service on the part of the opposite party. The opposite party submitted that in one of their latest public notice published in DNA daily news paper, the opposite party undertook speedy registration of the sites immediately upon full payment of membership fees and registration charges, as the registration process is going on and already the opposite party has registered more than 12000-00 sites to its members in various layouts formed by it. The opposite party as promised is even now ready to register the site in the name of the complainant and the complainant needs to bear the registration charges for the same. Therefore, the opposite party requested to dismiss the complaint.<br /> 3. Affidavit evidence of complainant filed. Heard the arguments. <br /> 4. In the light of the arguments advanced before us following points arise for consideration:<br /> 1. Whether the opposite party has committed deficiency in service?<br /> <br /> 2. Whether the complainant is entitled for refund of the amount?<br /> <br /> <br /> REASONS<br /> 5. I have gone through the complaint, defence version and documents. The opposite party clearly admitted in the defence version that, complainant had taken “Super Cool Card” and thereafter he requested for cool card which is for Rs. 1,15,000/- and requested to transfer membership to his son. Accordingly, the request of the complainant is accepted and membership was transferred to the name of the complainant S. Gopal. There is no dispute whatsoever that the complainant has paid Rs. 1,15,000/- towards membership to the opposite party. The complainant has produced receipts No.18735 for Rs.25,000/-, Receipt No.18736 for Rs.25,000/-, Receipt No.20445 dated 16/10/2006 is for Rs.32,500/-, and Receipt No.20446 dated 16/10/2006 is also for Rs.32,500/-. In this way by the receipts produced by the complainant it is clear that the complainant in all has paid Rs. 1,15,000/- to the opposite party. The learned Advocate for the opposite party submitted that the father of complainant had filed another complaint in C.C. No. 1008/2009 against the opposite party company which is pending before the 4th Additional District Consumer Disputes Redressal Forum, Bangalore and in that complaint the complainant has wrongly claimed excess amount and the opposite party is liable to pay only Rs.30,000/- in that complaint which is pending at 4th Additional District Consumer Disputes Redressal Forum, Bangalore. If that is so, it is for the opposite party to submit this fact before the 4th Additional District Consumer Disputes Redressal Forum, and the opposite party will be at liberty to bring to the notice of the Hon’ble 4th Additional District Consumer Disputes Redressal Forum that an order for refund of Rs. 1,15,000/- had already been passed on the file of 2nd Additional Consumer Disputes Redressal Forum. Therefore, it may not be any double payment. As regards the present complaint is concerned the opposite party having admitted the receipt of Rs.1,15,000/- from the complainant. Opposite party is bound to refund this amount. Since the opposite party has not allotted sites as per the commitments and broacher. Therefore, it amounts to deficiency of service. The complainant now does not want to continue his membership with the opposite party and he sought refund of the amount paid by him. Therefore, the request of the complainant shall have to be accepted. It is just, fair and reasonable to direct the opposite party to refund the amount of Rs.1,15,00/- to the complainant. In connected matters this Forum is awarding interest at 9% p.a on the refund amount. Therefore, in this case also it would be fair, just and reasonable to grant interest at 9% p.a to 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.1,15,000/- to the complainant along with interest at 9% p.a from 16/10/2006 till payment/realisation. <br /> <br /> 7. The opposite party is also directed to pay Rs. 1,000/- towards costs of the present proceedings to the complainant. <br /> <br /> 8. Send the copy of this Order to both the parties free of costs as statutory requirements. <br /> <br /> 9. Pronounced in the Open Forum on this 20th DAY OF NOVEMBER 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> I concur the above findings.<br /> <br /> MEMBER<br /> rhr.,<br /> <br />