Date of Order:24.11.2009<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20<br /> <br /> <br /> Dated: 24TH DAY OF NOVEMBER 2009<br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> <br /> COMPLAINT NO: 2394 OF 2009<br /> Date of Filing:14.10.2009<br /> <br /> <br /> P. Krishna Murthy,<br /> S/o Late Ponnappa Mudaliar,<br /> No. 421/K, I Stage,<br /> Krishna Temple road, <br /> Indiranagar, <br /> Bangalore-560 038. Complainant<br /> <br /> <br /> V/S<br /> <br /> 1. The Manager/Managing Director,<br /> Country Club (India) Ltd.<br /> Member Relation Division,<br /> No. 847/1, (Adj. to Post Office),<br /> 100 feet Road, Indiranagar,<br /> Bangalore 560038. <br /> <br /> 2. Amrutha Estates,<br /> A Division of Country Club,<br /> No. 478, ‘Maha Padma’, I Main,<br /> I Stage, Indiranagar, Bangalore-38. Opposite Parties<br /> <br /> COMPLAINT NO: 2414 OF 2009<br /> Date of Filing:16.10.2009<br /> <br /> Chenchuram,<br /> S/o S. Chellappa Reddy,<br /> Door No. 1780, I Floor,<br /> 40th ‘A’ Cross, 26th Man,<br /> Jayanagar 9th Block,<br /> Bangalore-560 059. Complainant<br /> <br /> <br /> V/S<br /> <br /> The Country Club (India) Ltd.<br /> No. 675, 9th ‘A’ Main, <br /> Indiranagar I Stage,<br /> Bangalore 560038,<br /> Represented by its Managing Director. Opposite Party<br /> <br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> These two complaints are clubbed together for passing common order.<br /> The respective complainants have paid certain amounts to the opposite parties towards club membership. The opposite party promised to give a complementary site to the complainants. The complainants submitted that as per the commitment and promise the opposite party has not allotted any site. The complainants now do not want to continue the membership of the opposite party club and they want refund of the amount paid by them. The complainants demanded several time either to allot the site or to refund the amount since the opposite party failed to comply the demand of the complainants. Hence, they have filed complaints before this Forum. <br /> <br /> 2. After admitting the complaints, notice was issued to the opposite parties. Notice was served. In spite of service of notice, the opposite parties have not appeared before this Forum. Even the opposite parties have not sent defence version by post also. Therefore, they were placed exparte. Perused the documents and the complaint. The cases put up by the complainants have gone unchallenged. There is no denial of the case of the complainants by the opposite parties. The complainant Mr. P. Krishna Murthy has produced receipt for Rs. 1,00,000/- dated 12/01/2006, another receipt for Rs. 99,000/- dated 31/01/2006 and one more receipt is produced for Rs.20,000/- dated 18/05/2006. So in this way, Mr. P. Krishna Murthy had paid Rs.2,19,000/- to the opposite party. The complainant Mr. Chenchuram has produced in all six receipts to show the payment made by him. The receipt No. 18464 is for Rs.19,000/- dated 24/12/2007 and receipt No.18465 is for Rs.55,000/- it is also dated 24/12/2007 and receipt No.222501 is for Rs.95,000/- dated 29/12/2007 and receipt No.222505 is for Rs.51,000/- dated 29/12/2007 and receipt No.2228 is for Rs.45,000/- dated 17/09/2008 and receipt No.2229 is for Rs.20,000/- dated 17/09/2008. By the receipts produced by this complainant, the total amount paid by the complainant Mr. Chenchuram comes to Rs.2,85,000/-. This complainant has prayed to refund of Rs. 3,15,000/- from the opposite party. As per the document produced by the complainant and the receipts, the total amount paid by the complainant is Rs. 2,85,000/-. Therefore, for this amount only the opposite party can be directed to refund the amount. The opposite party having promised to allot the complementary site has failed to allot and register the site as per the promise and commitment. Therefore, it amounts to deficiency in service on the part of the opposite party. The complainants are entitled for refund of the amount from the opposite party. In the similar matters against the Country Club, this Forum is awarding interest at 9% p.a on the refund amount. We feel in these cases also, awarding interest at 9% on the refund amount would be just, fair and reasonable. The opposite party has not appeared even though served with notice. It appears that, the opposite party has no defence to make that’s why the opposite party remained absent. There are no legal hurdles to accept the case of the complainants and order for refund with interest. In the result, I proceed to pass the following: <br /> ORDER<br /> 3. Both the complaints are allowed. The complainant in Complaint No.2394/2009, P. Krishna Murthy is entitled for Rs.2,19,000/-and the complainant in Complaint No.2414/2009 Chenchuram is entitled for Rs. 2,85,000/- from the opposite parties along with interest at 9% p.a from the date of respective payments made by the complainants till the date of refund/realisation within 30 days from the date of this order. <br /> <br /> 4. The complainants are also entitled for Rs. 1,000/-each towards cost of the present proceedings from the opposite parties. <br /> <br /> 5. Send the copy of this Order to both the parties free of costs as statutory requirements. <br /> 6. Keep the copy of the order in connected complaint. <br /> <br /> 7. Pronounced in the Open Forum on this 24TH DAY OF NOVEMBER 2009. <br /> <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> I concur the above findings.<br /> <br /> MEMBER<br /> rhr.,<br /> <br />