BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE URBAN

    20^th DAY OF JANUARY 2022

ORDER

SRI.K.S.BILAGI, PRESIDENT

1. This complaint has been filed against the OP seeking for the following reliefs:-

(a) To kindly issue directions to the OP to pay sum of Rs.10,00,000/- together with 24% interest in favour of the complainant.

(b) The OP may also be directed to pay a sum of Rs.1,00,000/- to the complainant for mental agony, loss of service and miscellaneous expenses.

(c) The OP also be pay of Rs.50,000/- towards advocate fee and also miscellaneous expenses.

(d) If any other reliefs as the Hon’ble Court deems fit and proper be awarded to the complainant.

2. The case set up by the complainant in brief is as under:-

The OP by collecting Rs.10,00,000/- from the complainant issued diamond membership card with expiry date of July 2043.  Even though OP offered certain benefits, but failed to provide the benefits.  Therefore, the complainant by issuing legal notice dated 03.09.2020 called upon the OP to refund Rs.10,00,000/- with interest at 24% p.a.  The act of OP amounts to deficiency of service.

3. Despite receipt of notice, the OP failed to appear before this Commission.  OP has been placed exparte.

4.  The complainant has filed her affidavit evidence and relies on documents.  Heard the arguments by the complainant.

6. The following points arise for our consideration as are:-

1.  Whether the complainant proves deficiency of service of the OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

7. Our answers to the above points are as under:

       Point No.1:  Affirmative in part.

      Point No.2: Affirmative in part.

      Point No.3: As per final orders

REASONS

8. Point Nos.1 and 2:  Even though OP has been placed exparte, but it is the  of the complainant to prove all the allegations.  The complainant has reiterated the facts pleaded in the complaint through her affidavit evidence and relies on documents.  The OP has issued a brochure for membership including diamond membership.  The complainant had submitted application for membership.  The OP issued a letter of Heartly Welcome to the World of Exciting Experience and also issued diamond membership card. The OP has also issued certificate of Chairman Club Membership in the name of complainant.  But, complainant by issuing legal notice dated 03.09.2020 called upon the OP to refund of deposited amount of Rs.10,00,000/- with interest at 24% p.a. and Rs.2,00,000/- as compensation.  The legal notice returned without service.  The complainant has produced three receipts for having paid Rs.2,50,000/- on 15.03.2017, Rs.35,000/- on 04.05.2017 and Rs.7,00,000/- on 07.08.2018.  Two receipts has been in the name of Jalandar.P. to the extent of Rs.35,000/- and Rs.7,00,000/-.  We found the photo of Jalandar.P. in Annexure-@ along with photo of complainant and other four persons.  Even these receipts are taken into consideration, the actual payment by the complainant and Jalandar.P. is only Rs.9,85,000/-.  The complainant is able to prove only payment of Rs.9,85,000/- not Rs.10,00,000/-.  The OP failed to refund atleast Rs.9,85,000/-.  Therefore, complainant is entitled to refund Rs.9,85,000/- and it is the duty of the complainant to satisfy Jalandar.P. who has paid Rs.7,35,000/- out of Rs.9,85,000/-.
9. The complainant claims 24% p.a. interest which is exorbitant.  The complainant also claims Rs.2,00,000/- towards damages.  Therefore, it is proper to award interest at 10% p.a. from the date of payment till realization.  When we are awarding interest at 10% p.a., the complainant is not entitled to any amount as compensation.  The complainant has engaged the advocate for filing this complaint therefore, the cost of litigation is quantified as Rs.10,000/-.  
10. Point No.3:- In view of the discussion referred above, the complaint requires to be allowed in part.  The OP is liable to pay Rs.9,85,000/- with interest at 10% p.a. from the date of respective payments and also pay Rs.10,000/- towards litigation costs.  Hence, we proceed to pass the following

  O R D E R

1. The complaint is allowed in part.
2. The OP shall pay Rs.9,85,000/- (Rupees nine lakhs eighty five thousand only) with interest at 10% p.a. from the date of respective payments till realization and pay Rs.10,000/- Rupees ten thousand only) as litigation cost  to the complainant.
3. The OP shall comply this order within 60 days from this date.
4. The complainant is directed to satisfy the claim of the Jalandar.P. who has paid Rs.7,35,000/- as indicated in receipt Nos.2 and 3.
5. Furnish the copy of this order to both parties and return the documents to the parties with extra pleadings.   

(Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 20^th day of January, 2022)

Documents produced by the Complainants which are marked as Ex.A.1 to Ex.A.5:-