Sri.D.Krishnappa,<br /> President<br /> <br /> 1. The grievance of the Complainant who has approached this Forum under section 12 of the Consumer Protection Act, 1986 is that, that he was impressed by the representations of the representatives of the Opposite party which is running recreation club agreed to become a member on payment of Rs.25,000/- and he was assured that the member of two families can avail the service of the Opposite party Club. That he had paid a sum of Rs.10,000/- on 16.02.2006 and Rs.15,000/- on 30.04.2006. The Opposite party promised to issue him the membership card but neglected to issue the same despite repeated requests and approaches. Whenever he approached the Opposite party the Officials used to humiliate them, besides creating embracing situation. Whenever he went to avail the service of the Opposite party Club they were not allowing him and the family members to the Opposite party club in the absence of membership card and he had to requests some other to help him to again entrance to the club. That he demanding the facilities and issue of membership card got issued a legal notice on 28.03.2007 if not to refund his money with interest. Further, he on 01.06.2007 received a bill for Rs.4,600/- which he is not liable to pay. He again got issued a legal notice on 31.05.2007 calling upon the Opposite party to refund his money, and alleged that the Opposite party has involved in unfair trade practice and thus has prayed for a direction to the Opposite party to refund his membership fee of Rs.25,000/- with interest at 12% p.a. and also to award compensation of Rs.1,00,000/-. <br /> 2. The Opposite party to whom notice of this Complaint was sent report to have refused the same, as such holding the service as due service has been set-exparte and Complaint was taken for enquiry.<br /> 3. The Complainant in the course of enquiry filed his affidavit evidence reiterating what has been alleged in the Complaint and has produced the receipts for having paid the membership fee to the Opposite party and copy of the legal notice. Heard the counsel for the Complainant and perused the records.<br /> REASONS<br /> <br /> 4. The Complainant in support of his claim that he influenced by the representations of the representatives of the Opposite party with a fond hope of getting some service of the Opposite party club became a member by paying a sum of Rs.25,000/- is proved by production of the receipts issued by the Opposite party. Further to prove that his membership has been accepted, the Opposite party shown to have issued a bill for Rs.4,640/- to the Complainant on 01.06.2007. These documents go in support of the Complainant case that he paid Rs.25,000/- to become a member of the Opposite party has been established. <br /> 5. The Complainant further contended that the Opposite party after receipt of the said amount has failed to issue a membership card to him, as the result he was not in a position to avail the service of the Opposite party club and whenever he went to the club to avail its service he was being humiliated in the absence of membership card and put into embarrassment in presence of others has not been controverted by the Opposite party by entering appearance in this case and by denying the allegations. The Complainant has also produced copies of the legal notices he got issued on 28.03.2007. and 31.05.2007 in which the Complainant has made known to the Opposite party all the inconvenience and embarrassments, he had faced besides demanding refund of his membership fee. It is on perusal of the sworn statement of the Complainant and documents he has produced, we have no hesitation to hold that the Complainant has proved that the Opposite party who received the membership fee of Rs.25,000/- promising him to issue a membership card and render efficient service to them has failed and neglected and caused deficiency in its service besides involving in unfair trade practice. The Opposite party since has not chosen to reply the notices sent by the Complainant and to defend the allegations of the Complainant, therefore proved to have involved in unfair trade practice and causing deficiency in their service to its members after pocketing their money. As such, the Complainant who has not been given service as promised, he is entitled for refund of his membership fee with interest. The Opposite party as could be noticed from its publications has heralded to the notice of the desired public to become its members, promising them of the modern facilities for their recreation etc., with attractive photographs, but after collecting the membership fee found to have not been responding to provide them the promised facilities, we feel that consumers to a considerable extent have become victims of this type of clubs. Therefore, we find it just to direct the Opposite party to pay a sum of Rs.25,000/- towards the Consumer Legal Aid Account. As the result, we pass the following order: - <br /> ORDER<br /> <br /> 1. The Complaint is allowed.<br /> 2. The Opposite party is directed to refund the membership fee of Rs.25,000/- to the Complainant within 2 months from the date of receipt of this order with interest at 12% p.a. on Rs.10,000 from 16.02.2006 till the date of payment and on Rs.15,000/- from 30.04.2006 till the date of payment, failing which the Opposite party shall pay interest at 15% p.a. from the above dates till the date of payment.<br /> 3. The Opposite party shall also pay cost of Rs.2,000/- to the Complainant. <br /> 4. Give a copy of this order to each party according to Rules.<br />