Date of filing : 08.12.2009<br /> Date of Order: 17.06.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 17TH DAY OF JUNE 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: 2890 OF 2009<br /> <br /> Sri G.S. Deepak <br /> S/o G.C. Sadashivaiah,<br /> R/at No.467, 22nd Cross,<br /> 10th Main, BSK 2nd Stage,<br /> Bangalore-70. Complainant<br /> <br /> COMPLAINT NO: 2891 OF 2009<br /> <br /> Sri Thadimari Vijay,<br /> S/o late Rajashekarappa,<br /> R/at Block No.121, No.10-459,<br /> R/at No.467, 22nd Cross,<br /> 10th Main, BSK 2nd Stage,<br /> Bangalore-70. Complainant<br /> <br /> V/S<br /> <br /> 1.The Country Club (India) Ltd.,<br /> No.675, 9th A Main, Indiranagar 1st Stage,<br /> Bangalore-38.<br /> Rep. by Divisional Manager. <br /> <br /> 2.Amrutha Estates, <br /> No.478, “Maha Padma”,<br /> 1st Main, 1st Stage, Indiranagar,<br /> Bangalore-38.<br /> Rep. by its Manager. Opposite parties<br /> <br /> <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 parties in both the cases are one and the same and question of facts and law involved is also one and the same. Therefore, these two 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 Sri G.S. Deepak is that he has paid in all Rs.1,70,000/- towards Mr. Cool Card Membership to the opposite party. The opposite party had promised a complimentary site to the complainant at Coconut Groove measuring 1089 sq.ft. The opposite party had promised to register the site in favour of the complainant. The complainant approached the opposite parties and requested for the execution of registered sale deed. However, the opposite parties went on postponing the same on one or other pretext. The complainant got issued legal notice calling upon the opposite parties to refund the amount with interest at 24% p.a. from the date of last payment. The opposite parties were not complied the request. The opposite parties have committed deficiency of service hence the complaint direct the opposite parties to refund Rs.1,70,000/- with interest and compensation. The complainant Mr.Thadamari Vijay has paid Rs.2,30,000/- towards Mr. Super Cool Membership on 16-2-2007. The opposite party had promised allotment of complimentary site at Coconut groove measuring 1089 sq.ft. The complainant has also paid cost of the stamp paper and also registration expense to the opposite party. The opposite party promised to register the site in favour of the complainant by January 2008. The complainant approached the opposite party for execution of sale deed. The opposite parties postponed the same on one or other pretext and legal notice was issued by the complainant calling upon the opposite parties by refund of amount with interest. Hence, the complaint for direction to the opposite parties to refund Rs.2,60,000/- with interest and compensation. <br /> 3. The opposite parties had filed version in both the cases, stating that the place of the complementary sites have been informed to all members. Coconut groove is located in different parts of the Tumkur District. Any order for refund would cause irreparable harm and loss to the opposite parties. Membership is transferable if the complainant wants to transfer the membership he can do so. The complainant as failed to show deficiency of service on the part of the opposite parties. The opposite parties are ready to register the complimentary sites in favour of the complainants. The opposite parties submitted that complaints be disposed off by directing the opposite parties to register the sites in favour of the complainants. <br /> 4. The respective parties have filed Affidavit evidence and 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 parties?<br /> 2. Whether the complainants are entitled for refund of amount paid by them? <br /> 3. Whether the complainants are entitled for compensation as claimed by them?<br /> <br /> REASONS<br /> 7. It is an admitted case of the parties that the complainant Mr.G.S.Deepak has paid Rs.1,70,000/- to the opposite prty, receipt for Rs.65,000/- dated 27-1-2007 and another receipt for Rs.50,000/- dated 27-1-2007 are produced. The complainant has produced another dated 4-8-2007 for Rs.15,000/- this amount is paid towards stamp duty and registration expenses. The complainant produced another receipt for Rs.40,000/- dted 19-10-2007, from the receipt it is cleared that the total amount paid by him is Rs.1m70,000/- The opposite party admittedly has not executed sale deed in respect of complimentary sites as per the commitment. Life wise complainant Mr.Thadimari Vijay has paid Rs.2,60,000/-. He has produced receipt for Rs.2,30,000/- dated 16-2-2008 and he has produced another receipt for Rs.30,000/- dated 19-9-2007 towards stamp duty and registration charges in this way the total amount paid by the complainant is Rs.2,60,000/- Since the opposite parties not executed the sale deed even though stamp duty and registration charges are paid by the respective complainants. The complainants demanded the opposite parties postponed the matter on one or other pretext. Ultimately, the complainants requested for cancellation of membership of the club and demanded refund of amount paid by them. Non registration of sites on the part of the opposite parties amounts to deficiency in service. Therefore, the complainants are right in demanding the refund of the amount paid them. 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. Therefore, these two 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. The complainants have prayed for grant of compensation of Rs.50,000/- on the facts of the case these are not fit cases to grant compensation. The ends of justice will be met in ordering the opposite party to refund the amount received from the respective complainants. The opposite parties shall be ordered to pay interest on the refund of amount at 9% p.a. from the date of last payment made by the complainants. In the result, I proceed to pass the following:<br /> <br /> ORDER<br /> 8. These two complaints are allowed. The opposite parties are directed to refund Rs.1,70,000/- to Sri G.S. Deepak in cc.No.2890/2009 along with interest at 9% p.a. from the month of August 2007 till payment / realization. The opposite parties are directed to refund Rs.2,60,000/- to Sri Thadimari Vijay, in cc No.2891/2009 from the month of September 2007 till payment /realization with in 60 days from the date of this order. <br /> 9. The respective complainants are entitled Rs.2,000/- as cost of the present proceeding from the opposite parties. <br /> 10. Send the copy of this Order to both the parties free of costs immediately. <br /> 11. Keep the copy of the order in connected case file. <br /> 12. Pronounced in the Open Forum on this 17TH DAY OF JUNE 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER<br />