Date of Filing:16.09.2009<br /> Date of Order: 18.12.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 18TH DAY OF DECEMBER 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: 2227 OF 2009<br /> <br /> B. Sharath Kumar Shetty<br /> No. 255/8, Brahmalingeshwara Nilaya<br /> First Main Road, Manjunathanagara<br /> Gowdanapalya, Uttarahalli Main Road<br /> Bangalore 560 061 Complainant<br /> V/S<br /> 1. The Country Club Bangalore<br /> (The Country Club of India Division)<br /> Administration Office : 273<br /> Defence Colony, HAL 2nd Stage<br /> Bangalore 560 038<br /> <br /> 2. Amrutha Estates<br /> Branch Office : 47, ‘Mahapadma’<br /> 1st Main Road, 1st Stage<br /> Indiranagar, Bangalore 560038<br /> <br /> Registered Office:<br /> 8-2-703, Amruth Valley<br /> Road No. 12, Banjara Hills<br /> Hyderabad 500034 Opposite Parties<br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed by the complainant seeking refund of Rs. 1,09,000/- from the opposite party.<br /> The facts of the case are that the complainant has became member of the Country Club and paid Rs. 99,000/- through credit card and again he has paid Rs. 10,000/- through credit card. In this way the total amount paid by the complainant is Rs. 1,09,000/-. The complainant has stated that he had not utilised any services from the opposite party and the opposite party had been not allotted any site as per the promise and commitment. Therefore, complainant submitted that as per the orders passed in respect of other members he also want order of refund against opposite party.<br /> 2. The opposite party has filed defence version admitting the payment of Rs. 1,09,000/-by the complainant. The opposite party has not stated anything about the complement site in the defence version. The opposite party submitted that there is no deficiency of service on their part.<br /> 3. Arguments are heard.<br /> 4. 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 complainant is entitled for refund of amount paid by him?<br /> 5. I have gone through the pleading and the documents. The complainant has produced receipt issued by the opposite party to show that he has paid Rs. 1,09,000/-. As far as payment made by the complainant there is absolutely no dispute. The opposite party has clearly admitted in the defence version. The opposite party has not allotted any site as per the commitment. The opposite party has not produced any documents to show that layout has been formed and sites are available for allotment to its members. In the absence of any documents it is clear that there are no sites available to allot to complainant and other members. The complainant has submitted that he has not availed any services from the opposite party. The opposite party has also not produced any documents that the complainant has availed any services from the opposite party. So under these circumstances complainant has proved deficiency of service on the part of opposite party. The complainant has prayed that opposite party may be directed to refund the amount paid by him with reasonable rate of interest. This prayer of the complainant is quite just, fair and reasonable. The complainant has submitted that Consumer Forums have passed orders in respect of other members directing the opposite party club to refund the amount and he also requested a similar order may be passed in his favour. It is true that number of complaints have been disposed off against the country club directing the club to refund amount with interest at 12% p.a. In this case also it is just, fair and reasonable to grant 12% interest p.a. on the refund amount. In the result I proceed to pass the following:<br /> ORDER<br /> 6. The complaint is allowed. The opposite parties No. 1 & 2 are directed to refund Rs. 1,09,000/- along with 12% interest p.a. from the date of respective payments till payment / realisation.<br /> 7. Send the copy of this Order to both the parties free of costs immediately. <br /> 8. Pronounced in the Open Forum on this 18TH DAY OF DECEMBER 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br /> <br />