<br /> Date of Order: 15.05.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 15TH DAY OF MAY 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: 2770 OF 2009<br /> (Date of filing:25.11.2009)<br /> Smt. Sowjanya Ravi<br /> W/o Dr.G.C.Ravi,<br /> R/at No.848, 17th Main,<br /> 5th Block, Rajajinagar,<br /> Near Bashyam Circle,<br /> Bangalore 560 010 Complainant<br /> <br /> COMPLAINT NO: 2771 OF 2009<br /> (Date of filing:25.11.2009)<br /> <br /> Sri Srinivas Gowda,<br /> S/o Sri Thimmasettaiah<br /> No.84, S.N. Layout 2nd Stage,<br /> J.C.Nagar, Mahalakshmipuram Layout,<br /> Bangalore. Complainant<br /> <br /> V/S<br /> <br /> 1. The Country Club (India) Ltd.,<br /> Regd. Off.Amrutha Castle, 5-9-16, <br /> Saifabad, Opp. Secretariat, <br /> Hyderabad-500063. <br /> Rep. by its MD<br /> <br /> 2. The Country Club (India) Ltd,<br /> No.273, 1st Main Road, Defence Colony,<br /> HAL 2nd Stage,<br /> Bangalore-38.<br /> Rep. by its Branch Manager. Opposite parties<br /> <br /> <br /> COMPLAINT NO: 2882 OF 2009<br /> (Date of filing:08.12.2009)<br /> <br /> Dr.N.A. Prakash,<br /> S/o D.Anjinappa,<br /> R/o No.25, 4th Crossm Sampige Road, <br /> Malleswaram, <br /> Bangalore 560 003 Complainant<br /> <br /> V/S<br /> <br /> 1.The Country Club of India,<br /> Adm. Off. No.273, Defence Colony,<br /> HAL 2nd Stage,<br /> Indiranagar, Bangalore-38.<br /> Also at:<br /> No.847/1, 100 Ft.Road,<br /> Adj. to Indiranagr Post office,<br /> Bangalore-38. <br /> <br /> 2.The Amrutha Estates,<br /> A Dvn.of Country Club,<br /> No.8-2-703, Amrutha Valley, <br /> Road No.12,Banjara Hills,<br /> Hyderabad-500034. <br /> Also at:<br /> No.478, Mahapadma,<br /> 1st Main, 1st Stage,<br /> Indiranagar, <br /> Bangalore-38. Opposite parties<br /> <br /> ORDER<br /> By the President Sri S.S. Nagarale<br /> <br /> These three complaints are clubbed together for passing common order since, the opposite parties in all the cases are one and the same and question of facts and law involved is also one and the same. Therefore, these three cases can be conveniently disposed off by passing common order. <br /> 1. The respective complainants have filed complaints under section 12 of the Consumer Protection Act. <br /> 2. The case of the complainant Smt. Sowjanya Ravi is that she has paid in all Rs.1,15,000/- towards the cool card member. The complainant Mr. Srinivas Gowda has paid Rs.1,25,000/- towards cool card member. The complainant Dr.N.A. Prakash has paid in all Rs.1,14,000/- to the opposite parties towards cool card membership. The opposite parties promise to allot complimentary sites to the respective complainants but, the opposite parties fail to keep up the promise and complimentary sites have not been registered in the name of the respective complainants. Therefore, the complainants have submitted that the opposite parties have committed deficiency in service. The complainants are no more interested in continuing in membership in the opposite parties club. They have not utilized any services from the opposite parties country club. The complainant demanded refund of amount paid by them and cancellation of the membership. Since the opposite parties did not respond to the request of the complainants, therefore, they have been forced to file complaint. Compensation of Rs. 5,00,000/- for mental agony and costs.<br /> 3. The opposite parties filed version admitting that the complainant has become the members of the club. The opposite parties have also admitted in the version that the members are entitled for allotment of complimentary sites measuring 1089 sq. ft., The opposite parties submitted that even now they are ready to allot site. Non Registration of the complimentary site is due to the fault of the complainants. The opposite parties denied deficiency of service on their part and requested to dismiss the complaints. <br /> 4. The respective parties have filed Affidavit evidence. The complaint filed documents. <br /> 5. Arguments are heard.<br /> 6. The points for consideration are:<br /> 1. Whether the complainants have proved deficiency of service on the part of opposite party?<br /> 2. Whether the complainants are entitled for refund of amount paid by them? <br /> <br /> REASONS<br /> 7. The complainant Smt. Sowjanya Ravi has produced receipts passed by the opposite parties. The total amount paid by her as per the receipts is Rs.1,15,000/- As regards payment concern there is no dispute at all. The complainant Mr. Srinivasa Gowda also produced receipts passed by the opposite parties, one receipt dated 12-4-2007 is for Rs.50,000/- another receipt dated 12-4-2007 is for Rs.75,000/- as per the receipts it is clear that he has paid Rs.1,25,000/-. The Complainant Dr.N.A. Prakash has produced receipt dated 31-3-2006 for Rs.29,000/- another receipt dated 11-4-2006 is for Rs.30,000/- and receipt dated 23-3-2006 is for Rs.40,000/- he has produced another receipt for administrative charges dated 18-5-2006 it is for Rs.3,000/-. In this way the total amount paid by Dr.N.A.Prakash comes to Rs.1,02,000/- only. Since, the opposite parties fail to register the complimentary site in respect of the complainants. The complainants do not want to continue with the membership of the club. The complainants are interested in cancellation of membership and getting refund of amount. The Hon’ble State Commission in appeal No.3106/2009 decided on 11-3-2010 between S.M. Saqquaf v/s Country Club confirmed the order of this forum for refund of the amount. Therefore, there are no any legal heralds to allow the complaints. This forum and other forums have disposed off number of complaints against Country Club directing refund of amount with reasonable interest. Therefore, these complaints are also liable to be allowed. Not registering the complimentary site in favour of the respective complainants as per the commitment amounts deficiency of service. The complainants being consumers under the Consumer Protection Act, their interest requires to be protected by passing order for refund. In the result I proceed to pass the following:<br /> <br /> <br /> ORDER<br /> 8. All the three complaints are allowed. The opposite party is directed to refund Rs.1,15,000/- to Smt. Sowjanya Ravi in CC No.2770/2009. The opposite party is directed to refund Rs.1,25,000/- to Srinivasa Gowda in CC No.2771/2009. The opposite party is directed to refund Rs.1,02,000/- to Dr.N.A. Prakash in CC No.2882/2009. <br /> 9. The respective complainants are entitled for 6% interest p.a. from the date of the respective payments made by them till the date of realization/payment. <br /> 10. The respective complainants are entitled for Rs. 1,000/- each as costs of the present proceedings from the opposite party.<br /> 11. The opposite party is directed to comply the order within 30 days from the date of this order.<br /> 12. Send the copy of this Order to both the parties free of costs immediately. <br /> 13. Keep the copy of the order in connected case files. <br /> 14. Pronounced in the Open Forum on this 15TH DAY OF MAY 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br />