Date of filing : 03.12.2010
Date of Order: 30.04.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20
Dated: 30TH DAY OF APRIL 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: 2781 OF 2010
Mr. S.Sivaraman,
An individual, Indian Citizen,
R/o No.47, RBI Colony, Anandanagar,
Near Punjab National Bank,
Bangalroe-24. Complainant
V/S
1.M/s. The Country Club Bangalore,
A Dvn. of Country Club (India) Ltd.,
No.273, 1st Main Road, Defence Colony,
HAL 2nd Stage, Bangalore-38.
2.M/s. Amrutha Estates,
A Dvn. of Country Club (India) Ltd.,
8-2-703, Amrutha Valley,
Road no.12, Banjara hills,
Hyderabad-500034.
3.M/s. Country Condos Ltd.,
Formerly known as Neocure Therapeutics Ltd.,
A Dvn. of Country Club (India) Ltd.,
8-2-703, Amrutha Valley,
Road no.12, Banjara hills,
Hyderabad-500034
4.M/s. Country Club (India) Ltd.,
No.675, 9th A main, 1st Stage, Indiranagar,
Bangalore-38. Opposite Parties
ORDER
By the President Sri S.S. Nagarale
The complainant has filed complaint under section 12 of the Consumer Protection Act.
2. The complainant has paid in all Rs.2,40,341/- towards Club Membership to the opposite party. This includes administrative and registration charges also. The complainant has submitted that the opposite party had promised for allotment of a complimentary plot to the complainant. It is the case of the complainant that the opposite party club not maintained its commitment and obligation and the complementary plots have not been allotted and registered in his favour as per promise of the opposite party. Therefore, the complainant got issued legal notice, intimating to cancel the membership and refund the amount with interest and compensation.
3. The opposite party has filed version, stating that the complaint is not maintainable. There is no deficiency of service on the part of the opposite party. The opposite party is ready and willing to allot and register the complementary site even now also. The complainant has enjoyed the facilities provided by the opposite party. The opposite party is providing good services to the member. Order for refund would cause loss to the opposite party. Therefore, the opposite party requested to dismiss the complaint.
4. The respective parties have filed affidavit evidence documents. Perused the pleadings and documents.
5. Arguments are heard.
6. The points for consideration are:
1. Whether the complainant has proved deficiency of service on the part of opposite party?
2. Whether the complainant is entitled for refund of amount paid by him?
REASONS
7. It is an admitted case of the parties that the complainant has paid certain amount as stated above to the opposite party for club membership. The amount was paid on different dates. The opposite party never denied the payment of amount towards membership of the club. The complainant has filed copy of legal notice and receipts passed by the opposite party to prove the payment made by him. It is the case of the complainant that as per the commitment the opposite party has not allotted complementary plots and documents were not registered in his favour. Therefore, he does not want to continue with the membership of the opposite party club. He requested the opposite party to cancel the membership and refund the amount. The payment of amount is concerned there is no dispute. The opposite party has submitted that even now it is ready to allot the plot and register the document. But, the complainant is 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 hurdles to allow the complaints. Therefore, complaint is also liable to be allowed. Not registering the complimentary site in favour of the complainant as per the commitment amounts deficiency of service. The complainant being consumers under the Consumer Protection Act, his interest requires to be protected by passing order for refund. The complainant has prayed for grant of compensation. On the facts of the case, this is not a fit case to grant compensation. The complainant has prayed for grant of past interest from the date of respective payments made by him, admittedly there is no agreement or clause in the agreement for payment of interest on the refund amount. The amount is the membership fee paid to the club and now the complainant prayed for cancellation of membership and refund of the amount paid by him. Therefore, the complainant is not entitled for interest on the refund amount from the date of respective payments. 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 party to refund the amount received from the complainant and interest will be granted from the date of order. Out of the amount paid by the complainant Rs.10,341/- was paid towards administrative chares and membership fee, therefore, this amount the complaint is not entitled for refund. The total amount that could be ordered to pay by the opposite party comes to Rs.2,30,000/-. In the result, I proceed to pass the following:
ORDER
8 The complaint is allowed. The opposite party is directed to refund Rs.2,30,000/- to the complainant along with interest at 9% p.a. from the opposite party from the date of filing complaint till payment / realization. The opposite party is comply the order within 45 days from the date of this order.
9. The complainant is entitled Rs.1,000/- as cost of the present proceeding from the opposite party.
10. Send the copy of this Order to both the parties free of costs immediately.
11. Pronounced in theOpenForum on this 30TH DAY OF APRIL 2011.
Order accordingly,
PRESIDENT
We concur the above findings
MEMBER MEMBER
