COMPLAINT FILED:10.08.2011
DISPOSED ON:31.01.2012
BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM AT BANGALORE (URBAN)
31st DAY OF JANUARY 2012
PRESENT :- SRI. B.S. REDDY PRESIDENT
SRI. A. MUNIYAPPA MEMBER
COMPLAINT NO.1490/2011
ComplainantS | 1. R.V.Narayana S/o Late Venkataramanappa, Aged about 57 years, 2. Smt.D.Uma Devi W/o R.V.Narayana, Aged abodut 42 years. Both address, R/at No.45, Maruthy Layout, Singapura Main Road, 3rd Cross, M.S.Palya, Bangalore-560 097. Adv:Sri.Shivaraju M.D V/s. |
OPPOSITE PARTY | The Country Vacations International Holiday Club, A Division of Country Club(I)Ltd, No.102, I Floor, No.48, S & S Chambers, Next to Kamat Hotel, Bowring Hospital Road, Bangalore-560 001, Rep by its Branch Manager, Mr.Akmal Pasha. Placed Ex-parte. |
O R D E R
Sri.B.S.REDDY,PRESIDENT
The complainants filed this complaint Under Section 12 of the Consumer Protection Act of 1986 seeking direction against Opposite Party (herein after called as O.P) to refund an amount of Rs.1,63,500/- with interest at 18% p.a. and to pay compensation of Rs.50,000/- along with litigation cost of Rs.10,000/- on the allegation of deficiency in service on the part of the OP.
2. In spite of service of notice, OP failed to appear without any justifiable cause, hence placed ex-parte.
3.In order to substantiate complaint averments, the 1st complainant filed affidavit evidence and produced documents.
4. Arguments from complainant’s side heard.
5.We have gone through the complaint averments, the affidavit evidence of the complainant and the documents produced. On the basis of these materials, it becomes clear that the 1st complainant is the husband of complainant No.2, the representative of OP called the complainant No.1 intimating that he has won the prize and invited both complainants to collect the Gifts. Accordingly the complainants had been to the office of OP at Shivajinagar to collect the gift articles. During their visits, on 16.10.2008 the representative of the OP Club conducted the meeting and lured the complainants to become the member of the OP-Club, assuring that they will give complimentary plot of 1089 sq.ft at Coconut Groove Tumkur and also get club membership lifetime and 5 years Holiday Membership yearly/1 week, additional benefits of Life Membership Country club and access to all other affiliated clubs within India and Abroad, Accidental insurances coverage of Rs.5,00,000/. Though the complainants were not interested in the said office, but OP’s representatives have forced to take membership assuring that the amount can be paid in instalments as and when the amount received but on or before 23.10.2008. At that time, OP told the complainants that the cost of site offered is Rs.1,55,000/- and they are offering Life membership to Country Club and access to all other affiliated clubs within India and abroad. Health Club, Holiday vacation, accidental Insurance coverage of Rs.5,00,000/- etc. The OP also executed an agreement called Purchase Agreement dt.16.10.2008. OP issued the receipts for having received Rs.1,55,000/- from the complainants. An amount of Rs.8,500/- is claimed towards hire charges of vehicle.
These complainants learnt from the other members of the OP that the project is not sanctioned and there is no sanction and approvals plan and they had not obtained any permission from the competent authority, the OP representatives are duping the publics and collecting huge amount. OP failed to provide the membership card and execute the necessary conveyance in respect of site and failed to provide the facilities of free vacation as promised. Thus the complainants requested OP to refund the amount through letters dt.25.03.2011 and 18.05.2011. OP failed to repay the amount with interest.
6.We have gone through the original receipts produced and also the letter of undertaking issued by OP dt.27.05.2011. As per this undertaking letter by way of reply to the request letter of complainant No.1 dt.18.05.2011, OP has admitted the receipt of entire amount of Rs.1,63,500/- on various dates as shown in the receipts and had undertaken to refund the amount on or before first week of June-2011. In spite of such an undertaking given, OP failed to comply the demand. The act of OP neither in fulfilling all the assurances given nor refunding the amount received from the complainants, amounts to deficiency in service on the part of the OP.
7.There is no reason to disbelieve the unchallenged affidavit evidence of the complainant, and the documents produced. The very fact of Op remaining ex-parte leads to draw inference that Op is admitting the claim of the complainants. The complainants are entitled for refund of the amount with interest at 18% p.a. by way of compensation. Accordingly, we proceed to pass the following:
O R D E R
The complaint filed by the complainants is allowed in part.
Op is directed to refund an amount of Rs.1,63,500/- with interest at 18% p.a. from the date of respective payments, till the date of realization and pay litigation cost of Rs.2,000/- to the complainants.
This order is to be complied within four weeks from the date of its communication.
Send copy of this order to both the parties free of costs.
(Dictated to the Stenographer and typed in the computer and transcribed by her verified and corrected, and then pronounced in the Open Court by us on this the 31st day of JANUARY 2012.)
MEMBER PRESIDENT
Cs.
