Date of Filing:18.07.2009<br /> Date of Order:31.08.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 31ST DAY OF AUGUST 2009<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: 1696 OF 2009<br /> <br /> Albert Kurian<br /> D-301, Oceanus Triton Apartments<br /> Bellandur, Kaikondanahalli<br /> Sarjapur Road<br /> Bangalore 560103 Complainant<br /> V/S<br /> Proprietor<br /> Golden Palms Hotel & Spa<br /> Golden Palms Avenue<br /> Off. Tumkur Road<br /> Bangalore 562123 Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant for refund of membership amount of Rs. 2,84,136/- and for compensation and interest.<br /> The facts of the case are that the complainant has paid Rs. 2,84,136/- to opposite party on 28.08.2007 for the Golden Palms Hotel & Spa membership. The complainant submitted that he was misled to believe that there was excellent service. But after becoming member the attitude changed and complainant was unable to get quality service. He did not like service and therefore, asked the opposite party to refund and cancel his membership No. 10701. Complainant has got right to take back his money since he is an unsatisfied customer. The International Consumer Rights Protection Council has also sent a notice dated 07.02.2009 to the opposite party. <br /> 2. Notice issued to opposite party by registered post after admitting complaint by this fora. The notice sent by this fora had been served on opposite party. When the case was set for appearance of opposite party on 28.08.2009 the opposite party remained absent. Nobody appeared on behalf of the opposite party. Therefore, opposite party was placed as ex-parte.<br /> 3. Complainant was heard in person and perused documents and terms and conditions of membership agreement.<br /> 4. There were several e-mail correspondences between the complainant and the opposite party. The complainant has produced receipt of the opposite party and the payment details made through credit card. The complainant has also produced the copy of membership application and also the terms and conditions of membership agreement. Clause 2.13 reads as under:<br /> “Members opting for cancellation of their membership after the Cooling Off period, but before expiry of three (3) years of their membership shall be liable to a deduction of 40% from the Membership Price paid by them plus the cost of the services availed till date as per the prevailing rate. In such an event, the member would also cease to be a member of the Interval International.”<br /> 5. So as per this clause the members opting for cancellation of their membership before expiry of three years there shall be deduction of 40% from the membership fees paid by them. So according to this condition the complainant is not entitled for refund of entire amount paid by them. The complainant even during the course of argument fairly submitted that he is ready and willing to take the refund amount after deduction of 40%. The total amount paid by the complainant is Rs. 2,84,136/-. After deduction of 40% the amount that is liable to be refunded comes to Rs. 1,70,482/-. The opposite party company shall have to be directed to refund that amount to the complainant. The complainant intimated the opposite party for cancellation of membership on 08.10.2008. The opposite party could have promptly taken action and refunded the amount on the request of the complainant. But, the opposite party has not taken any steps to refund the amount. Therefore, there is a delay in refunding the amount. The complainant naturally entitled for interest for the delayed payment. The International Consumer Rights Protection Council had also sent notice to the opposite party to refund the amount. Even after that also the opposite party has not taken prompt action. The opposite party has not appeared before this fora though served with notice. Case put up by the complainant has gone unchallenged. Therefore, case of the complainant has to be accepted as true and correct. Consumer Protection Act being a social and benevolent legislation. The object of the Act is to protect the better interests of the consumers. Therefore, the fora has to achieve the object of the Act by ordering the opposite party to refund the amount. 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. 1,70,482/- to the complainant. The complainant is also entitled for 10% interest p.a. on that amount from 08.10.2008 till payment / realization.<br /> 7. The complainant is also entitled for Rs. 2,000/- as costs of the present proceedings from the opposite party.<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 31ST DAY OF AUGUST 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br /> <br />