Date of Filing: 08.12.2009 Date of Order: 01.06.2010 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20 Dated: 01ST DAY OF JUNE 2010 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: 2883 OF 2009 Mrs. Annesha Bharadwaj Mr. Saibal Bharadwaj 26/2, Kodichikanahalli Main Road Janapriya Apartments, Phase II Flat 2248, BL-A Bangalore 560 076 Complainant V/S The Country Club Bangalore No. 675, 9th A Main, 1st Stage Indiranagar, Bangalore 560 038 Name of the person Representing Country Club Employee No. BG M04-0960 Marketing Executive Opposite Party ORDER By the Member Sri Balakrishna. V. Masali The complainant has filed the complaint under section 12 of the Consumer Protection Act. The grievances of the complainants are that the complainant has paid Rs. 60,000/- towards the millionaire premium metro card membership to the opposite party. This Rs. 60,000/- would be charged as monthly EMI for ABN Amro customers for a period of 36 months. This membership would also include 5 years complimentary Health Club to Moksh. The complainant demanded refund of the amount paid by her and cancellation of membership. Since, the opposite party did not respond to the request of the complainant they have been forced to file complaint, compensation of Rs. 4,00,000/- for harassment and cost. 2. The opposite party filed version admitting that the complainant has become the millionaire premium metro card member at the country club. The opposite party submits that only the members under cool scheme are entitled for complimentary site and since the complainant is member under millionaire metro card scheme she is not entitled for any complimentary site at all. The opposite party has also admitted in the version that the membership of the complainant being millionaire club premium card membership is charged at Rs. 60,000/-. The opposite party denied deficiency of service on their part and also compensation of Rs. 4,00,000/- and requested to dismiss the complaint. 3. The complainant and opposite party filed Affidavit evidence. The complainant filed documents. 4. Arguments are heard. 5. The points for consideration are: 1. Whether the complainant has proved deficiency of service of the part of opposite party? 2. Whether the complainant is entitled for refund of amount paid by the complainant? 6. The complainant has produced the receipt passed by the opposite party. The total amount paid by the complainant as per the receipt is Rs. 60,000/- dated 25.05.2009. Since, the opposite party failed to refund the amount of Rs. 60,000/- the complainants do not want to continue with the membership of the club. The complainant is interested in cancellation of membership and getting refund of amount. 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. This is not a case for granting the compensation. The complainant being Consumer under the Consumer Protection Act their interest requires to be protected by passing order of refund. In the result I proceed to pass the following: ORDER 7. The complaint is allowed. The opposite party is directed to refund Rs. 60,000/-. 8. The complainant is entitled for 9% interest p.a. from the date of filing the complaint till the date of payment / realisation. 9. The complainant is entitled for cost of Rs. 500/- from the opposite party. 10. Send the copy of this Order to both the parties free of costs immediately. 11. Pronounced in the Open Forum on this 01ST DAY OF JUNE 2010. Order accordingly, MEMBER We concur the above findings. MEMBER PRESIDENT
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