Date of Filing: 15.09.2009 Date of Order: 26.11.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 26TH DAY OF NOVEMBER 2009<br /> PRESENT<br /> Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> <br /> COMPLAINT NO: 2216 OF 2009<br /> <br /> L. Mahadevan<br /> S/o. Lakshman<br /> R/at No. U 56, 4th Block<br /> 4th Main, Swathanthra Nagar<br /> Srirampuram, Bangalore 560 021 Complainant<br /> <br /> COMPLAINT NO: 2217 OF 2009<br /> <br /> L. Selvaraj<br /> S/o. Lakshman<br /> R/at No. 11, F.F. Layout<br /> Behind Mound Senerio School<br /> Laggere, Bangalore 560 058 Complainant<br /> V/S<br /> <br /> The Country Club<br /> No. 675, 9th ‘A’ Main<br /> Indiranagar, 1st Stage<br /> Bangalore 560 038<br /> Rep. by its authorized signatory Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> These two complaints are clubbed together for passing common order since the opposite party in both the cases is one and the same and question of facts and law involved in both the cases are one and the same. <br /> The facts of the case are that the respective complainants have paid Rs. 20,000/- to the opposite party country club for Kool Life Membership. The opposite party has promised to allot site in favour of the complainants. On repeated requests and demands the opposite party company did not oblige. Therefore, the complainants do not want to continue with the membership of opposite party club. The complainants prayed for refund of the amount with interest and compensation.<br /> 2. Defence version filed.<br /> 3. Arguments are heard.<br /> 4. The points for consideration are:<br /> 1. Whether the respective complainants are entitled for refund of amount with interest?<br /> 2. Whether the complainants have proved deficiency of service on the part of opposite party?<br /> 5. I have gone through the complaint, affidavit and documents.<br /> 6. The complainants have produced receipts passed by the opposite party and they have also produced letter of the opposite party. By the documents it is clear that the complainants have paid Rs. 20,000/- to the opposite party towards Mr. Kool Membership. The complainants have admitted that as per the promise and commitment the opposite party has not allotted any sites to them. Therefore, they do not want to continue the membership. This amounts to deficiency in service. The request of the complainants for refund of the amount paid by them is quite just, fair and reasonable. In connected matters against the country club this forum has ordered for refund of the amount with interest at 9% p.a. and the opposite party club is complying the orders and refunding the amount in so many connected cases. Therefore, in this case also it is just, fair and reasonable to award interest at 9% p.a. In the result I proceed to pass the following:<br /> ORDER<br /> 7. Both the complaints are allowed. The opposite party is directed to refund Rs. 20,000/- to the complainant Mr. L. Mahadevan in complaint No. 2216/2009 and Rs. 20,000/- to the complainant Mr. L. Selvaraj in complaint No. 2217/2009 along with 9% interest p.a. on that amount from the date of respective payments till payment / realization.<br /> 8. The complainants are also entitled for Rs. 500/- each as costs of the present proceedings from the opposite party. <br /> 9. Keep the copy of the order in connected case files. <br /> 10. Send the copy of this Order to both the parties free of costs immediately. <br /> 11. Pronounced in the Open Forum on this 26TH DAY OF NOVEMBER 2009. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER <br />