Date of Filing: 16.11.2009<br /> Date of Order: 10.06.2010<br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 10TH DAY OF JUNE 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 /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 2672 OF 2009<br /> <br /> Sri I.Raghava Reddy,<br /> S/o late T.I Reddy,<br /> R/at no.4/16, Ravi Teja,<br /> Patel Nanjappa Reddy Colony,<br /> 1st Main Road,<br /> Yeshwanthpura,<br /> Bangalore-22. Complainant<br /> <br /> <br /> V/S<br /> <br /> M/s. The 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 party<br /> <br /> <br /> ORDER<br /> <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 brief facts of the case are as under, the complainant has paid in all Rs.1,28,667/- to the opposite party for Cool Member Ship of the Club. The opposite party had offered complimentary site at Tumkur and Free trip to Goa by Flight. The complainant visited opposite party office and the opposite party has not responded properly. The opposite party has not shown the site in spite of repeated request. The complainant contacted opposite party office and communicated about his willingness to cancel the membership and requested to return the amount. The complainant issued letter for cancellation of membership. After the said letter, the opposite party called the complainant for negotiations and assured that the amount will be repaid within one week. The complainant has also lodged a complaint against the opposite party to the Indiranagar Police. Since the opposite party failed to make the payment the complainant is forced to file the complaint for refund of amount with interest and compensation. <br /> 2. The opposite party has filed defense version stating that, the complainant is taking membership of the opposite party club with a profit motive. The place the allotment of the complimentary site has been informed by the opposite party to all the members. There is no malafide intention on the part of the opposite party. The complainant has miserably failed to shown the deficiency of service on the part of the opposite party. Membership fee paid by the members is non refundable. The complainant has paid Rs.1,00,000/- towards Cool Membership and Rs.25,000/- for up gradation and Rs.3,650/- is paid towards annual maintenance. The prayer for awarding compensation can not be granted. The opposite party requested to dismiss the complaint. <br /> 3. The respective parties have filed Affidavit evidence and documents. <br /> 4. Arguments are heard.<br /> 5. The points for consideration are:<br /> 1. Whether the complainant has proved deficiency of service on the part of opposite party?<br /> 2. Whether the complainants are entitled for refund of amount paid by them? <br /> <br /> REASONS<br /> 6. It is admitted case that the complainant has paid in all Rs.1,28,667/- to the opposite party towards membership of the club. The payment made by the complainant has been clearly admitted by the opposite party. The complainant has produced receipts issued by the opposite party towards payments made by him. The Complainant submitted that the opposite party has not kept up its promise in respect of giving complimentary site at Tumkur and has not made arrangement for free trip to Goa by Air. The complainant requests the opposite party for cancellation of membership and refund of the amount paid by him. The complainant no more wants to remain as member of opposite party club. When asked to the complainant whether he is ready to take complimentary site as offered by the opposite party, but the complainant refused to take the complimentary site and requested for refund of the amount. So under circumstances it a just and fair and reasonable to order the opposite party to refund the amount received from the complainant. Since complainant is not ready to take the complimentary site. 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 complaint. This forum and other forums have disposed off number of complaints against Country Club directing refund of amount with reasonable interest. Therefore, this 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. In the result I proceed to pass the following:<br /> <br /> <br /> ORDER<br /> <br /> 7. The complaint is allowed. The Opposite party is directed to refund Rs.1.28,667/- to the complainant within 60 days from the date of this order In the event of non compliance of the order the above amount carries interest at 9% p.a from the date of this order till payment / realisation. <br /> <br /> 8. Send the copy of this Order to both the parties free of costs immediately. <br /> 9. Pronounced in the Open Forum on this 10TH DAY OF JUNE 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> MEMBER MEMBER <br /> <br />