Date of Filing:16.12.2008<br /> Date of Order:20.02.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 20TH DAY OF FEBRUARY 2009<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 /> COMPLAINT NO: 2709 OF 2008<br /> <br /> Mrs. Nishat Mehdi,<br /> W/o Mirza Mehdi Ali Baig, <br /> R/o No.8, Dhiraj Kunj, II Floor,<br /> Birlie Street Cross, ‘S’ Street,<br /> Shanthinagar, Bangalore-27.<br /> <br /> Represented by her G.P.A Holder:<br /> <br /> 1. Mir Hyderali,<br /> <br /> 2. Smt. Sakeena Fathima, <br /> R/o No.8, Dhiraj Kunj,<br /> II Floor, Birlie Street Cross,<br /> ‘S’ Street, Shanthinagar,<br /> Bangalore 560 027. Complainants<br /> <br /> V/S<br /> <br /> 1. The Chairman,<br /> Amrutha Castle, 5,9,18, Saifabad, <br /> Opp: Secretariat, Hyderabad-500063.<br /> <br /> 2. Mr. Ranjit Pathik, <br /> Manager, Sales & Marketing,<br /> No. 847, 100 feet road,<br /> Adjn. to Indiranagar Post Office,<br /> Indiranagar, Bangalore-560 038. Opposite Parties<br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed u/Sec. 12 of the Consumer Protection Act 1986.<br /> On 16/03/2007 the complainants have paid Rs.50,000/- by cheque to the opposite parties towards initial payment for club membership fee. Membership was accepted and Club issued member ship card. Receipt dated 25/12/2006 had been given. The complainants have paid another Rs.65,000/- through cheque dated 16/03/2007 towards last and final payment of membership. A gift site was offered as insensitive to the members of the club. After becoming full fledged member there was absolute silence regarding transfer of immovable property measuring 2,178 sq.ft., in the name of the complainant. The Country Club committed breach of contract and attempted to cheat in not fulfilling the offer which amounts to deficiency in service. Notice has been issued to Manager, Sales and Marketing, Country Club. For which no communication is received. The complainant has sought refund of Rs.1,15,000/- and Rs.3,00,000/- as compensation for mental agony and hardship and Rs.20,000/- towards expenses. <br /> 2. Notice issued to opposite parties. Opposite parties put in appearance through advocate and defence version filed stating that the opposite party is a company registered under the Indian Companies Act 1956. The opposite party has not rendered deficiency in service. Complaint is not maintainable. Complainant being impressed with the offers, expressed his willingness to become member of the opposite party by paying Rs.1,15,000/- fee to become Mr. Cool Life membership and availed all the benefits. Opposite party is even ready to allot two sites as offered under the scheme and it is the duty of the complainant to pay the necessary registration charges and stamp duty. Therefore, the opposite party requested to dismiss the complaint.<br /> 3. Arguments are heard.<br /> 4. The points for consideration are:- <br /> 1. Whether the complainants are entitled for the refund of amount paid by them? <br /> 2. Whether there was any deficiency in service on the part of the opposite parties?<br /> <br /> <br /> REASONS<br /> 5. I have perused the documents. The complainant has produced receipt of opposite party dated 25/12/2006. This is for Rs.50,000/- and another receipt dated 17/03/2007 has been produced for Rs.65,000/-. In this way the complainant has paid Rs.1,15,000/- towards Mr. Cool Card Membership fee. The membership is in the name of Nishat Hyder. She had executed power of attorney in favour of her parents and the parents have filed complaint on behalf of their daughter. As regards payment of Rs.1,15,000/- for getting Mr. Cool Membership of the opposite party club there is no dispute. Opposite party in the defense version clearly admitted that, it has received Rs.1,15,000/- towards membership fee from the complainant. The opposite party submitted that it is even now ready and willing to allot two sites as offered under the scheme,. But in the defense version nothing has been mentioned as to where are those sites, whether the layout has been formed or not, whether all the legal formalities for formation of layout has been completed or not. Therefore, without saying details and description of the layout and bald statement of the opposite party, it is ready to allot the sites cannot be accepted as true and correct. The complainant is not ready to accept the sites since the opposite party has not maintained its commitment, obligation and offer. The complainant is satisfied if the amount is refunded. Under these circumstances, it would be just, fair and reasonable to direct the opposite party to refund the amount. The defense version has not been filed by authorised signatory or the opposite party representative or the Managing Director. Therefore, such defense version cannot be considered at all. The case made out by the complainant shall have to be accepted as true and correct. The complainant has prayed for grant of compensation of Rs. 3,00,000/-. On the facts of the case, it is not a case to grant compensation to the complainant. There is no proof or any evidence to show the mental agony, harassment and inconvenience caused to the complainant. However, the opposite parties shall be directed to refund the amount received from the complainant. In the result, I proceed to pass the following:-<br /> ORDER<br /> 6. The Complaint is allowed. The opposite parties are directed to refund Rs.1,15,000/- to the complainant within 30 days from the date of this order. In the event of noncompliance of the order within 30 days the above amount carries interest at 10% p.a from the date of this order till payment/realisation. <br /> 7. The Complainant is also entitled for Rs. 2,000/- towards costs of the present proceedings from the opposite parties.<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 20TH DAY OF FEBRUARY 2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br /> Rhr., <br />