<br /> C.C filed on: 19-01-2010 <br /> Disposed on: 15-06-2010<br /> <br /> BEFORE THE BANGALORE IV ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, BANGALORE URBAN DISTRICT<br /> NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE-560052<br /> <br /> C.C. NO.122/2010<br /> Dated of this 15th day of June 2010<br /> <br /> <br /> Present:<br /> <br /> Sri.D.Krishnappa President <br /> Sri.Ganganarasaiah Member<br /> Smt.Anitha Shivakumar.K. Lady member <br /> <br /> Between:<br /> <br /> Mr.V.S.Ramesh, <br /> S/o. Mr.O.S.Srinivasa Gupta, <br /> Aged about 36 years, Complainant <br /> Residing at No.25, MC CUSKER DR,<br /> APT 11, BRAINTREE MA 02184<br /> U.S.A.<br /> Represented by his father and GPA holder,<br /> Mr.O.S.Srinivasa Gupta, <br /> Aged about 73 years,<br /> S/o. Late O.Suryanarayana Setty,<br /> Residing at No.157/1, “Akshaya”,<br /> Srinivasa Road, 2nd Block,<br /> TR Nagar, Bangalore – 560 028<br /> (By Sri.B.G.Sriram, Advocate)<br /> <br /> AND <br /> <br /> <br /> The Country Club (India) Limited,<br /> No.675, 9th “A” Main, <br /> 1st Stage, Indiranagar, Opposite party <br /> Bangalore-560 038<br /> Represented by its Manager, <br /> (By Sri.G.A.Gopi, Advocate)<br /> <br /> <br /> O R D E R<br /> <br /> <br /> Smt.Anitha Shivakumar.K., Lady Member <br /> <br /> The brief facts of the complaint filed by the complainant against the opposite party (hereinafter called as OP) are that, he agreed to become a member of the OP club influenced by the approach of the executive of the OP Mr.T.G.Girish, marketing executive of OP explained about the club promising free access and usage of all the country clubs in India, with some wonderful touring packages all over India with family members, who are entitled, facility of 6 nights and 7 days complimentary stay for one week at Goa and Bandipura. When he become a member for Mr.Super cool card by paying Rs.2,50,000/-. The OP had also offered allotment of a free plot measuring 2178 sq.ft at Coconut Groove Vedic country Spa. OP has stated that a permanent members of his club would get life member ship, can utilize the service anywhere in the country. Believing the assurances of OP that accordingly complainant became a Mr.Super cool card member (bearing No.COOLSVS336) by paying advance membership fee of Rs.50,000/- out of Rs.2,50,000/- on 29-1-2009. Even OP executive promised to arrange loan for balance amount, but OP did not do that. The OP after receipt of the said amount did not follow the facilities as assured despite demand of OP demanded Rs.3671 on bill dated 13-3-2009 and complainant came to know that several other members have also suffered at the hands of the OP in not providing the facilities as promised. Therefore, he demanded for refund of his money in letter dated 15-7-2008 but then he also had issued a legal notice on 16-2-2009 calling upon to refund his money with interest. But the OP has neither refunded his money nor replied to the notice. Complainant to seek relief had approached forum and has prayed for a direction to the OP. Hence, prayed for refund of Rs.50,000/- with interest @ 18% P.A. and other damagers amounting to Rs.1,00,000/- in all. <br /> <br /> 2. OP has appeared through his advocate and filed version admitting issue of Mr.Super cool card membership to the complainant and also receipt of Rs.50,000/- but contended that it is non refundable amount. It is further, stated that complainant had to fix the date and venue of the resort of the OP requesting to arrange for stay and if he had so chosen they would have arranged it subject to availability. But the complainant himself did not avail any service and it is not their deficiency. <br /> <br /> 3 Therefore denying any deficiency have stated that the complainant having utilized the benefits has filed this complaint and therefore has prayed of dismissal of the complaint. <br /> <br /> 4. In the course of enquiry into the complaint, GPA holder of the complainant and one Mr.Vijay.D.P for OP have filed their evidence reproducing what they have stated in their respective complaint and version. The complainant along with complaint has produced 2 letters of OP offering facility and copies of receipts with temporary membership card, letter submitted to OP regarding refund and copy of legal notice. OP has stated in his version that a copy of the application filed and signed by the complainant is produced and it has been marked as annexure-A. But no such document is produced before the forum. Heard the counsels for both the parties and perused the records. <br /> <br /> 5. On the above contentions following points for determination arise.<br /> 1. Whether the complainant proves that OP has caused deficiency in service by not allotting site has promised and failed to refund his money?<br /> 2. To what relief the complainant is entitled to?<br /> <br /> 6. Our findings are as under:<br /> Answer on Point No.1: In the affirmative<br /> Answer on Point No.2: To see the final order<br /> <br /> REASONS<br /> <br /> 7. Answer on Point No.1: As we have gone through the contention of both the parties, there is no dispute between them, in this complainant having become a Mr.Super cool card membership and card bearing No.COOLSVS336 member by paying Rs.50,000/- as advance membership fee and that the OP has offered one free plot measuring 2178 sq. ft. at coconut groove vedic country spa and besides other facilities like free week stay at Goa and air ticket to Goa offered by the OP. As these facts are not disputed, the only dispute between the parties remains for decision is regarding non-allotment of two free plots and other facilities not provided as promised. Regarding payment of Rs.3671/- complainants has not produced any material documents. It is the grievance of the complainant that despite the approaching the Ops several times OP did not allot free sites as promised. Complainant has asked in his prayer for refund of his membership fee on the ground that he was unable to pay balance amount due to financial problem. On the other hand complainant wished to withdraw the membership on the reason that he cannot rust the OP and do not wish to continue his relationship with them. But the OP as stated above have not controverted the arguments of the counsel for the complainant and dissatisfaction he has expressed. With the receipt of advance amount, OP had not rendered any one of the facility to the complainant. On considering all these facts placed before us, we find that there is nothing wrong in this complainant asking for the relief of refund of membership fee because of non response or due to lack sincerity on the OP.<br /> <br /> 8. The OP has contended that membership fee is not refundable. But it is not their case that the complainant after becoming a member has used any sort of their service like club service and other facilities offered through their offering letter. Therefore when the complainant has absolutely not availed any service of the OP and OP has not exhibited their earnestness and sincerity in providing facilities as assured at the time of getting membership of the complainant they do not have any reasons to retain complainant’s money. Hence, complainant in our view is entitled for the relief has prayed for but not for the other compensation he has sought for. Therefore, from that date complainant would become entitle for interest on the money to be refunded. With the result, we answer point No.1 in the affirmative and pass the following order:<br /> ORDER<br /> <br /> Complaint is allowed. OP is directed to refund Rs.50,000/- to the complainant with interest @ 18% per annum from the date of complaint till it is repaid. OP shall refund that amount within 45 days from the date of this order. OP shall also pay cost of Rs.2,000/- to the complainant. <br /> <br /> Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 15th June 2010.<br /> <br /> <br /> Member Member President<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br />