Date of Filing: 16.05.2009 Date of Order: 05.08.2009 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 05TH DAY OF AUGUST 2009 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: 1139 OF 2009 Ponnappa Rajendran S/o. Late Ponappa R/at No. 34, 16th Main 1st Cross, BTM II Stage Madeshwara Layout Bangalore 560 076 Complainant COMPLAINT NO: 1140 OF 2009 N. Ravi Shankar S/o. A.R. Natarajan R/at C/o. No. 34, 16th Main 1st Cross, BTM II Stage Madeshwara Layout Bangalore 560 076 Complainant V/S 1. The Manager / Managing Director Country Club (India) Ltd. Member Relation Division # 847/1, (Adj to Post Office) 100 feet Road, Indiranagar Bangalore 560 038 2. Amrutha Estates A Division of Country Club # 478, Maha Padma, 1st Main 1st Stage, Indiranagar Bangalore 560 038 Opposite Parties COMPLAINT NO: 1142 OF 2009 1. Krishna Murthy S/o. Late Lakkappa 2. Lakshmi W/o. Krishna Murthy R/at No. 13, ITC (Motapppa) Road 4th Cross, Ramaswamy Palya M.S. Nagar Post Bangalore 560 033 Earlier residing at: No. 73, K. Ramachandrappa Road Near SBI, Kammanahalli Circle Bangalore 560 084 Complainants COMPLAINT NO: 1143 OF 2009 Srikant M. Pai H 18, Sriram Sadan, 109 MSR Road, Gokula Extn. Bangalore 560 054 Complainant COMPLAINT NO: 1144 OF 2009 Dinesh Kumar 103, Abishek, 4th Cross Officers Model Colony T. Dasarahally, Bangalore 560 057 Complainant COMPLAINT NO: 1375 OF 2009 Pradeep Kumar Mishra S/o. Naveen Chandra Mishra R/at # 3, 3rd Floor, 20th Cross Cubbonpet, Bangalore 560 002 Complainant V/S The Country Club (I) Ltd. Country Point, # 780, 9th Main Indiranagar I Stage Bangalore 560 038 Rep. by Y. Rajeev Reddy Chairman and Managing Director Opposite Party ORDER By the President Sri. S.S. Nagarale These six complaints are clubbed together for passing common order since the facts and law involved in all these six complaints are one and the same. Therefore, these complaints can be conveniently disposed off by passing common order. The respective complaints have been filed against opposite parties for recovery of the amount paid by them towards membership. As per the averments the opposite parties promised a complementary site to each of the complainants apart from the club membership and other facilities. It is the case of the complainant that the opposite party club has failed to maintain and honour the commitment. The complementary site offered has not been allotted to the complainants and registration of sites did not take place. Therefore, the complainants do not want to continue with the membership of club and they want refund of the amount paid by them along with interest. 2. Notice was issued to opposite parties. Opposite parties put in their appearance through advocate and defence version filed. The opposite parties submitted that the complainants have paid the amount towards membership of club. The opposite party admitted payment made by the complainants towards membership fee. The opposite parties have also admitted that they are ready and willing to allot sites to the respective complainants. 3. The opposite parties have not come forward with a specific case of formation of layout and compliance of legal requirements so that the society can allot and register the site. Therefore, in the absence of any proposal and documents to show that sites are ready for allotment the mere assurance or submission made in the defence version that opposite parties are ready to register the sites in favour of the complainants cannot be accepted. Therefore, it is just, fair and reasonable to direct the opposite parties to refund the amount paid by the complainants. The opposite parties having received the amount and utilizing the amount of the respective complainants for their own use they are bound to pay the interest. Under these facts and circumstances of the case grant of interest at 9% p.a. would be just, fair and reasonable. In the result I proceed to pass the following: ORDER 4. All the six complaints are allowed. The complainant Ponnappa Rajendran in complaint No. 1139/2009 is entitled for refund of Rs. 1,30,000/- from the opposite party club. 5. The complainant Ravi Shankar in complaint No. 1140/2009 is entitled for refund of Rs. 1,30,000/- from the opposite party club. 6. The complainants Krishna Murthy and Lakshmi in complaint No. 1142/2009 are entitled for Rs. 1,45,000/- from the opposite party club. 7. The complainant Srikant M. Pai in complaint No. 1143/2009 is entitled for refund of Rs. 1,25,000/- from the opposite party club. 8. The complainant Dinesh Kumar in complaint No. 1144/2009 is entitled for refund of Rs. 1,25,000/- from the opposite party club. 9. The complainant Pradeep Kumar Mishra in complaint No. 1375/2009 is entitled for refund of Rs. 1,25,000/- from the opposite party club. 10. The complainants are also entitled for 9% interest p.a. on the respective refund amount from the date of their payments made till payment / realisation. 11. The opposite parties are directed to pay Rs. 1,000/- as costs of the present proceedings to each of the complainants. 12. Keep the copy of the order in connected case files. 13. Send the copy of this Order to both the parties free of costs immediately. 14. Pronounced in the Open Forum on this 05TH DAY OF AUGUST 2009. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER
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