Date of Filing:16.02.2009<br /> Date of Order:12.05.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 12TH DAY OF MAY 2009<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: 413 OF 2009<br /> <br /> Channabasawaraya Patil,<br /> S/o Ashok Patil, No.106, <br /> Noble House Apartments,<br /> Basavanagara, Marathalli Post,<br /> Bangalore-37. Complainant<br /> <br /> V/S<br /> The Country Club India Limited,<br /> No. 675, 9th ‘A’ Main, Indiranagar, <br /> I Stage, Bangalore-38,<br /> Represented by its <br /> Managing Director/Director. Opposite Party<br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complainant filed under Section 12 of the Consumer Protection Act, 1986 claiming Rs.1,74,800/- with interest. <br /> The facts of the case are that the complainant paid Rs.1,45,000/- to the opposite party to become a member under the Scheme Mr. Kool card Membership when they offered to give sites as they given and mentioned in their brochure. The complainant has paid Rs.20,000/- towards plot registration and maintenance charges of Rs.3,800/-. The opposite party after paying registration charges till now not issued the receipt for having collected Rs.20,000/- even after several request made by him. At the time of membership opposite party promised that the amount will be converted interest free EMI’s through their scheme but they failed to do so. The complainant was brought to the notice of the opposite party, they were always giving false and misguiding him and postponing to meet the complainant’s request. The opposite party had given allotment letter dated 09/07/2008 to complainant and asked for pay the balance amount if any. The complainant made the payment. Opposite party allotted the plots in project II Kool phase-D and impose conditions that letter is only valid for 15 days. After lapse of 2 months the opposite party had written one more letter on 25/09/2008 stating that in project-D Site No.601 was allotted and in the letter dated 05/12/2008 in phase A-II site No.239. But they were not come forward to get registered the same in the name of complainant. Even after several request made by the complainant the opposite party fails to keep its promise. By looking into the response and conduct of the opposite party the complainant came to the conclusion that the opposite party’s conduct is bad and causing a deficiency in service and also doing fraudulent and cheating by giving and assuring so many false offers. The opposite party was offered in the brochure for its member a free and complementary of one way air ticket and stay at Country Club De Goa/Kovalam for 2 nights and 3 days for a couple but now they were demanding sum of Rs.5,000/- and was offered a 6 nights and 7 days at RGBC as a complementary but they have charged Rs.10,000/-. The complainant prays that the opposite party be directed to cancel the membership and to refund the amount. <br /> 2. Notice was issued to opposite party. Opposite party put in appearance through advocate and defence version filed stating that the complainant agreed to become a member of the opposite party by paying a sum of Rs.1,45,000/- towards the membership fee under the scheme ‘Mr. Kool Card’. The complainant got registered his name as member. For the allotment of the site to the complainant as offered in the scheme, the opposite party had allotted a site to the complainant and also given an allotment letter in phase-K, Site No.601 and in Phase-II Site No.39, and gave allotment letter and requested the complainant to pay the registration fee and to come for the registration of the sale deed. The complainant on one or the other pretext postponed the execution of the deed in his name. The opposite party is even now ready to allot the site and other packages as offered under the scheme to the complainant and it is the duty of the complainant to pay the necessary registration charges and stamp duty charges for the registration of the site. The term deficiency in service is not at all attributable to the opposite party since there is no act or deed done by the opposite party. Therefore, the opposite party submitted that the complaints are not maintainable and same is liable to be dismissed.<br /> 3. Affidavit evidences of both the party are filed. Arguments are heard.<br /> 4. The points for consideration are:-<br /> 1. Whether the complainant is entitled to refund of the amount?<br /> <br /> 2. Whether there was any deficiency in service on the part of the opposite party?<br /> <br /> REASONS<br /> <br /> 5. The opposite party had promised for allotment of complementary site to the complainant, but the opposite party has failed to allot the site and execute the sale deed. The opposite party has not come forward with documentary evidence to show that sites are ready for allotment. Mere stating that even opposite party is ready to allot the site as per the package is not acceptable, because the opposite party has not produced any document to prove that layout has been formed and necessary formalities have been completed and sites are available for the allotment of site. In the absence of any details of site the defence of the opposite party that even now they are ready to allot the site cannot be believed or acceptable. The complainant has prayed for refund of the amount and is not ready to continue with the membership of the opposite party club and the complainant is not ready to take the complementary site also. The complainant has paid Rs.1,45,000/- under receipts issued by the opposite party and he has paid another Rs.20,000/-. To prove this fact the complainant has produced Citi Bank account statement. As per the Bank statement on 03/11/2008 Rs.20,000/- has been paid to the opposite party club. There is a clear-cut entry in the account statement of the complainant. Therefore, by the Bank statement it is clear that Rs.20,000/- has been paid by the complainant. In this way the total amount paid by the complainant comes to Rs.1,65,000/-. The complainant alleged that no services are given as per the commitment and brochure. Therefore, opposite party has committed deficiency in service. The complainant is seeking refund of the amount with interest at 8%. This demand is quite just, fair and reasonable. The opposite party must be directed to refund Rs.1,65,000/- with interest at 8% p.a. In the result, I proceed to pass the following:-<br /> ORDER<br /> 6. The complaint is allowed. The opposite party is directed to refund Rs.1,65,000/- along with interest at 8% p.a on the said amount from the date of filing of the complaint till payment/realisation. <br /> 7. The complainant is also entitled for Rs.2,000/- towards costs of the present proceedings from the opposite party. <br /> 8. The opposite party is directed to comply the order within 30 days from the date of this order. <br /> 9. Send the copy of this Order to both the parties free of costs immediately as per statutory requirement. <br /> 10. Pronounced in the Open Forum on this 12TH DAY OF MAY-2009. <br /> Order accordingly,<br /> <br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> <br /> MEMBER MEMBER<br /> Rhr., <br /> <br />