Complaint filed on: 03-12-2011
Disposed on: 28-03-2012
BEFORE THE BANGALORE IV ADDITIONAL DISTRICT
CONSUMER DISPUTES REDRESSAL FORUM,
BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE – 560 052
C.C.No.2200/2011
DATED THIS THE 28th MARCH 2012
PRESENT
SRI.J.N.HAVANUR, PRESIDENT
SRI.GANGANARASAIAH, MEMBER
SMT.ANITA SHIVAKUMAR.K., MEMBER
Complainant:-
Sanjay Kumar,
# 101, Poornima shelter,
Gidamba Layout,
Akshnagar, A.Narayanapura,
Bangalore-16
V/s
Opposite party: -
Sandip, Marketing Manager,
The Country Club,
Sy. No.55/1,
Varthur hobli,
Deevarabeesanahalli,
Sarjapur Road, Bangalore
Karnataka State
O R D E R
SMT.ANITA SHIVAKUMAR.K., MEMBER.
The brief facts of the complaint filed by the complainant against Op are that he received call from Op office regarding with the lucky draw on behalf of his friend on 29/5/2011 around 3.00 p.m. stating that he won the gift from OP. Op also requested to attend the function which is organized to collect the gift. Accordingly he attended the function and Op said that complainant’s family is one of the lucky family and offered to get special package of life time club membership only for Rs.36,000/- which is actual costs around Rs.1,20,000/-. Complainant was not mentally prepared for the offer because he went there to collect the gift on behalf of his friend. The employees of Op office tried to convince him to avail the offer. When he did not show any interest towards them, they told that this special offer is limited to single day. i.e on 29/5/2011 and if he refused, the same offer would transfer to the other family. After lot of discussion and efforts of Op he decided to avail offer and for that Op insisted to pay some amount as token advance for booking. By the time it was 10 p.m. he paid Rs.16,000/- as advance by using debit card on 29/5/2011. Op did not issue any receipt for that and told to collect the receipt later. After enquiring with his colleagues, friends and surfing internet he came to know that Op indulged in misrepresentations, and cheating the public. He asked to refund the paid amount and also told he is not interested in the transaction. After several request also. Op neither refunded the amount nor issued receipt as promised. The complainant sent several e-mail correspondences to the Op but he did not respond to them even. Therefore, the complainant approached this forum seeking direction to Op to refund his amount of Rs.16,000/- and direction to Op to stop unfair trade practice.
2. Notice sent to Op through RPAD, was served on him. He was absent on the date of appearance before the forum. Hence, He placed exparte.
3. In the course of enquiry into the complaint, the complainant has filed his affidavit evidence reproducing what he has stated in his complaint. The complainant produced email copies of correspondence with Op, bank statement which shows the payment of Rs.16,000/-. Heard the complainant and perused the records.
4. After going through the documents produced by the complainant, there is no doubt about the payment of Rs.16,000/- made through debit card of the complainant which is entered in the name of op. Though Op has not issued the receipt to the complainant towards the payment received, complainant has proved that he made payment of Rs.16,000/- on 29/5/2011 to Op by producing bank statement. It was duty of Op to issue receipt for the payments whatever he received from the public. Even though the complainant requested many times he did not issue. This attitude of Op was not acceptable by the complainant and he did not pay further payment, instead he requested to refund the amount what he paid. If really Op is genuine trade practice or business promoter of his service, he should atleast try to make correspondence with the complainant asking further payment and issue the receipt for what purpose he received the amount from him. Op has neither tried to collect further payment by showing his genuineness nor refunded amount though the complainant has written emails since June 2011. It shows the deficiency in service on the part of the Op. Either the OP should issue the receipt for Rs.16,000/- or claimed for further payment for Rs.20,000/- or he should refund the amount.
5. Op has not issued receipt for partial payment since 29/5/2011, there is no question of issuing the membership card to utilize the club facility from Op which is essential to avail service from Op. For no purpose, the Op received the part amount and retained it for long period in spite of request made by complainant for refund and the said act of OP indicates he is not fair in his business transaction. He is liable to refund the amount with interest. Op was absent and placed exparte. There is no rebuttance from Op to disbelieve the allegations made by the complainant. The complainant is entitled for refund. Accordingly, we proceed to pass the following order.
ORDER
Complainant is allowed.
Op is directed to refund Rs.16,000/- with 12% interest p.a from the date of payment within 30 days from the date of receipt of copy of this order.
Failing which Op shall pay interest @ 15%p.a till the date of realization
Op shall pay Rs.1000/- towards cost.
Supply free copy of this order to both parties.
Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 28th March 2012.
Member Member President
