Date of Filing:10.06.2010<br /> Date of Order: 25.08.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 25TH DAY OF AUGUST 2010<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: 1304 OF 2010<br /> <br /> Sri Sujai S.A.<br /> S/o Anandathirtha,<br /> R/at No.385, Dwaitha Darshi,<br /> 3rd Block, 5th Main,<br /> HBR Layout, Bangalore-43. Complainant<br /> <br /> <br /> <br /> V/S<br /> <br /> 1.The Country Club India ltd.,<br /> Regd. Off.8-2-703, Amrutha Valley,<br /> Road No.12, Banjara Hills,<br /> Hyderabad-560034.<br /> Rep. by its MD<br /> <br /> 2.Country Club (India) Ltd.,<br /> No.273, Defence Colony,<br /> HAL 2nd Stage,<br /> Bangalore-38.<br /> Rep. by its MD. Opposite parties<br /> <br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.<br /> The brief facts of the case are that the complainant has paid in all Rs.1,15,000/- towards membership. The complainant had submitted that the opposite parties had promised for allotment of a complimentary plot to the complainant. It is the case of the complainant that the opposite parties club not maintained its commitment and obligation and the complementary plots have not been allotted and registered in their favour as per promise of the opposite parties. Therefore, the complainant got issued legal notice, intimating to cancel the membership and refund the amount with interest. <br /> 2. After admitting the complaint notice was sent to the opposite parties by RPAD. Notice was served. When the case set for appearance of the opposite parties on 20-7-2010, Sri G.A.G. Advocate undertook to appear for the opposite parties and to file vakalath and version. Therefore, the case was adjourned to 5-8-2010. On 5-8-2010 vakalath and version not filed on behalf of the opposite parties. Again the case was adjourned to 20-8-2010, the complainant filed his affidavit evidence. Defense version of the opposite parties not filed. Again the case was adjourned to 25-8-2010, on this date also defense version and vakalath on behalf of the opposite parties not filed. Heard, the arguments of the advocate for the complainant, perused the documents and affidavit evidence. The complainant has produced receipts dated 15-7-2006, from the receipts the total amount paid by the complainant is Rs.1,15,000/- The complainant has also produced letters of opposite parties and letter of allotment and also the legal notice copy. By all the documents and affidavit evidence it is very clear that the complainant has paid in all Rs.1,15,000/- to the opposite parties towards Mr.Cool Card Membership. As per the commitment complementary site was not registered in favour of the complainant. Therefore, the complainant is right in seeking refund of the amount paid by him. Since, there is no contract for payment of interest. This is a simple case for refund of membership. Therefore, the complainant is not entitled for past interest on the refund amount. The opposite parties shall have to be directed to refund Rs.1,15,000/- to the complainant. If the refund is ordered no injustice or loss would caused to the opposite parties. Therefore, it is a fit case to allow the complaint and direct the opposite parties to refund the amount to the complainant. In the result, I proceed to pass the following:-<br /> ORDER<br /> 3. The complaint is allowed. The opposite parties are directed to refund Rs.1,15,000/- to the complainant within 60 days from the date of this order. In the event of non compliance of the order within 60 days the above amounts carries interest at 9% p.a. from the date of filing this complaint till payment / realization. <br /> 4. The complainant is entitled Rs.1,000/- as cost of the present proceeding from the opposite party. <br /> 5. Send the copy of this Order to both the parties free of costs immediately. <br /> 6. Pronounced in the Open Forum on this 25TH DAY OF AUGUST 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings<br /> <br /> <br /> MEMBER MEMBER<br />