COMPLAINT FILED ON: 07.04.2011
DISPOSED ON: 04.11.2011
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL
FORUM AT BANGALORE (URBAN)
04th NOVEMBER 2011
PRESENT:- SRI.B.S.REDDY PRESIDENT
SMT. M. YASHODHAMMA MEMBER
SRI.A.MUNIYAPPA MEMBER
COMPLAINT NO. 674/2011
COMPLAINANT Mr.Tajammul Pasha,
S/o Mohammed Shahnawaz,
Aged about 29 years,
R/at # 8, 12th A Main,
3rd Stage, Pillana Garden,
Near Lingarajpuram Flyover,
Bangalore – 560 045.
(Adv: M.R.Manoj Kumar)
V/s.
OPPOSITE PARTY 1. The Country Club, Bangalore,
A Division of COUNTRY CLUB (INDIA) LTD., Rep. by its
Authorised Signatory,
Having its Administrative Office
At # 675, 9th Main,
Indiranagar 1st Stage,
Indiranagar,
Bangalore – 560 038.
2. Amrutha Estates,
A Division of COUNTRY CLUB
(INDIA) LTD., Rep. by its
Authorised Signatory,
Having its Branch Office
At # 478, “Maha Padma”,
1st main, 1st Stage,
Indiranagar,
Bangalore – 560 038.
( Adv: G.A.GOPI)
O R D E R
SMT. M. YASHODHAMMA, MEMBER
This is a complaint filed by the complainant u/s. 12 of the Consumer Protection Act of 1986, seeking direction against O.Ps. (herein after called as O.P) to refund Rs.1,60,000/- paid towards membership fees, and registration fees with interest at the rate of 24% p.a. on Rs.1,60,000/- as damages for delay and dodging to register the allotted site No.1233 at phase VII, Banyan tree, and interest at the rate of 15% p.a. and costs on the allegations of deficiency in service on the part of the O.Ps.
2. Though O.P. entered appearance through advocate failed to contest the matter in spite of giving sufficient opportunity.
3. The complainant in order to substantiate the complaint averments filed affidavit evidence and produced documents.
4. Heard from complainant side.
5. We have gone through the complaint averments, documents produced and unchallenged affidavit evidence of the complainant. Attracted by the offers made by O.P. complainant paid Rs.1,45,000/- on 13/5/2008 to O.P. towards Kool Card membership bearing No. KOOL 3630 and Rs.15,000/- towards site confirmation, stamp paper and registration charges. O.P. has issued the receipts acknowledging the receipt of amount as per documents 3 and 6. OP has also allotted a complimentary site bearing No.1233 situated at vedic country spa, phase VII, measuring 1089 Sq.fts. in favour of complainant as per allotment letter dated 4/6/2008, documents No.5. Since 3 years inspite of repeated requests and emails OP failed to register the allotted site. On 31/1/2011 complainant got issued legal notice calling upon OP to refund Rs.1,60,000/- with 18% p.a. interest within seven days as per document No.7. In spite of service of notice there was no response from OP. There is no reason to disbelieve the unchallenged affidavit evidence of the complainant and documents produced. The very fact of OP not contesting the matter leads us to draw an inference that OP admits all the allegations of the complainant in toto. If OP is not in a position to register the site it could have fairly refunded the amount to the complainant. This act of OP in not registering the site nor refunding the amount received from the complainant amounts to deficiency in service on its part. Under the circumstances we are of the considered view that complainant is entitled for refund the amount of Rs.1,60,000/- along with interest at 12% p.a. as compensation and litigation cost of Rs.2000/-. Accordingly we proceed to pass the following
O R D E R
The Complaint is allowed in part. OP is directed to refund Rs.1,60,000/- together with interest at the rate of 12% p.a. from the date of respective payments till the date of realisation and pay litigation cost of Rs.2000/- to the complainant.
This order is to be complied within four weeks from the date communication of this order.
Send the copy of this order to both the parties free of cost.
(Dictated to the Stenographer and typed in the computer and transcribed by him verified and corrected, and then pronounced in the Open Court by us on this the 4th day of November 2011.)
MEMBER MEMBER PRESIDENT
