Date of Order: 19.06.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 19TH DAY OF JUNE 2010<br /> PRESENT<br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 2767 OF 2009<br /> Date of Filing: 25.11.2009<br /> N. Yellappan<br /> S/o. Nanjappa<br /> No. 23, 3rd Cross, Jagadish Building<br /> Behind Lokesh Theatre<br /> Lingarajapuram, Bangalore 560084 Complainant<br /> V/S<br /> The Managing Director<br /> The Country Club (India) Ltd.<br /> No. 675, 9th ‘A’ Main<br /> Indiranagar, 1st Stage<br /> Bangalore 560 038 <br /> Also at:<br /> The Managing Director<br /> Country Club India Ltd.<br /> 847/1, Adj. to Post Office<br /> 100 ft. Road, Indiranagar<br /> Bangalore 560 038 Opposite Party<br /> <br /> COMPLAINT NO: 2850 OF 2009<br /> Date of Filing: 03.12.2009<br /> Venugopala K.<br /> R/at E4, ECHU Apts.<br /> Rajappareddy Layout<br /> Electronic City Road<br /> Near Ganesha Temple<br /> Bangalore 560 100 Complainant<br /> V/S<br /> The Manager<br /> The Country Club (India) Ltd.<br /> No. 675, 9th ‘A’ Main<br /> Indiranagar, 1st Stage<br /> Bangalore 560 038 Opposite Party<br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> These two complaints are clubbed together for passing common order since opposite party in both the complaints are one and the same.<br /> The complainants have filed complaints under section 12 of the Consumer Protection Act seeking refund of the amount paid by them towards membership of the club. The complainant N. Yellappan has paid in all Rs. 2,33,667/- to opposite party on different dates. The complainant Venugopal has paid in all Rs. 1,45,000/- to the opposite party towards cool club membership. It is the case of the complainants that opposite party had given commitment for allotment of free and complementary sites. But the opposite party has failed to allot and register the sites as promised. The complainant demanded the registration of site but the opposite party failed to honour the commitment inspite of the demand and request. Therefore, the complainants requested the opposite party to cancel membership and refund the amount. The opposite party did not return the amount even though requested by the complainants. Therefore, the complainants have filed complaints before this forum seeking refund of the amount with interest and compensation. <br /> 2. The opposite party has filed defence version. As regards receipt of the amount from the respective complainants there is no dispute. The opposite party denied having committed any deficiency of service. The opposite party submitted that complaints are barred by time. The opposite party has formed layout at Tumkur and ready for registration. The opposite party is even now ready to register the complementary sites in favour of the complainants. Therefore, the opposite party has not committed any deficiency of service and hence, opposite party requested to dismiss the complaint.<br /> 3. Respective parties have filed affidavit evidence and documents. <br /> 4. Arguments are heard.<br /> 5. The points for consideration are:<br /> 1. Whether the complainants are entitled for refund of amount?<br /> 2. Whether the complainants have proved deficiency of service on the part of opposite party?<br /> 3. Whether the complainants are entitled for complementary site?<br /> 6. The complainant in complaint No. 2767/2009 has paid in all Rs. 2,33,667/- to the opposite party. He has produced receipt dated 19.10.2006 for Rs. 30,000/-, receipt dated 09.07.2007 is for Rs. 50,000/-, receipt dated 08.08.2007 is for Rs. 50,000/-, receipt dated 24.09.2007 is for Rs. 1,00,000/- and another receipt he has produced dated 31.12.2007 towards administrative charges and this receipt is for Rs. 3,667/-. In this way the complainant has paid in all Rs. 2,33,667/-. The complainant Venugopal has also produced receipt dated 11.04.2008 for Rs. 50,000/-. On 29.02.2008 he has paid Rs. 50,000/-, on 31.01.2008 he has made payment of Rs. 15,000/- and he has produced another receipt dated 31.01.2008 for Rs. 30,000/-. In this way the total amount paid by him is Rs. 1,45,000/-. Both the complainants are requested for refund of the amount and cancellation of membership since, the opposite party has not registered complementary sites in their favour even though requested by the complainants. The opposite party clearly admitted receipt of the amount from the respective complainants. The opposite party submitted that even now the company is ready to execute sale deed in respect of sites. When asked to the complainants they were not ready to take these sites. They requested only orders for refund of the amount paid by them. The complainants are no more interested in continuing the membership of the club. The complainants requested for cancellation of membership and refund of the amount. This forum and other district forums passed several orders against the country club to refund the amount. Non-registration of the complementary sites as per the commitment amounts to deficiency of service. As regards the other facilities and services availed by the complainants there are absolutely no evidence or proof. The complainants have submitted that they have not at all availed any service from the opposite party. So under these circumstances it is just, fair and reasonable to order the opposite party to refund amount with interest. The complainants have prayed for grant of compensation. On the facts of the case there is no question of grant of compensation. The ends of justice will be met in ordering refund of the amount with interest. In the result I proceed to pass the following:<br /> ORDER<br /> 7. Both the complaints are allowed. The complainant in complaint No. C.C. 2767/2009 N. Yellappan is entitled for Rs. 2,33,667/- and complainant in complaint No. 2850/2009 Venugopal K. is entitled for refund of Rs. 1,45,000/- from the opposite party.<br /> 8. The complainants are entitled for interest at 9% p.a. on the above amount from the date of filing of complaint before the forum till the date of payment / realisation.<br /> 9. The opposite party is directed to comply the order within 4 weeks from the date of this order.<br /> 10. Complainants are entitled for Rs. 1,000/- each as cost of the present proceedings from the opposite party.<br /> 11. Keep the copy of the order in connected case file. <br /> 12. Send the copy of this Order to both the parties free of costs immediately. <br /> 13. Pronounced in the Open Forum on this 19TH DAY OF JUNE 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br />