Date of Filing:13.08.2009<br /> 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: 1965 OF 2009<br /> <br /> <br /> Pran Nath Kapoor (P.N. Kapoor),<br /> R/at No. 94, 10th Cross,<br /> I Main, Jagdish Nagar, <br /> New Thippasandra Post,<br /> Bangalore-560 075. Complainant<br /> <br /> V/S<br /> <br /> The Manager-Customer Care,<br /> Country Club (India) Ltd.<br /> No. 8471, 100 feet Road<br /> Next to Indiranagar Post Office<br /> Bangalore 560038. Opposite Party<br /> <br /> <br /> <br /> ORDER<br /> By the President Sri. S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 196.<br /> The facts of the case are that, the complainant has paid Rs. 99,000/- towards cool card membership. The opposite party promised for allotment of free site to the complainant. Complainant made marketing officers of the opposite party and requested to honour the terms and conditions of the offer. Opposite party failed to comply the request and opposite party has not allotted free site as per the commitment and offer. Therefore, the opposite party has committed deficiency in service. The complainant issued notice and there was no response. Complainant demanded for refund of amount by way of legal notice with interest. Notice was served. In spite of service of notice opposite party has not refunded the amount. Therefore, the opposite party has filed this complaint seeking refund of amount with interest. <br /> <br /> 2. After admitting the complaint, notice was issued to the opposite party. Opposite party put in appearance through Advocate and filed defence version stating that, the opposite party is a registered company under the Indian Companies Act. Opposite party admitted that complainant has paid Rs. 99,000/- towards “Mr. Cool Card Life Membership.” Opposite party also admitted that he has offered to register a complimentary site in the name of complainant. As per the claim, it is the duty of the complainant to pay registration charges. Opposite party submitted that, even now it is ready to register the site in the name of complainant and therefore, requested to dismiss the complaint.<br /> 3. Heard the arguments. <br /> 4. In the light of the arguments advanced before us following points arise for consideration:<br /> <br /> 1. Whether the complainant is entitled for refund of the amount of Rs.99,000/-?<br /> <br /> 2. Whether the complainant has proved deficiency in service on the part of the opposite party?<br /> <br /> <br /> R E A S O N S<br /> 5. I have gone through the complaint, defence version and documents. The complainant has produced receipts for Rs. 10,000/- dated 29th September 2007, another receipt for Rs. 44,000/- dated 07/01/2006 and one more receipt has been produced for Rs. 45,000/- which is dated 07/01/2006. In this way the complainant has paid Rs. 99,000/- towards “Mr. Cool Card Membership”. The payment made by the complainant towards the membership is admitted fact. The opposite party in its fairness has fairly admitted that the complainant has paid Rs. 99,000/- towards Mr. Cool Membership fee. It is also admitted fact that the opposite party has offered complementary site to the complainant, but as per the commitment the opposite party has not allotted any site to the complainant even though the complainant has demanded several times. Opposite party submitted in the defence version that, even now he is ready to allot the site, but no records are produced to show as to the lay outs are formed and sites are ready and available for allotment. Therefore, without any documents it is not possible to believe that opposite party can allot the complementary site. Therefore, the opposite party has committed deficiency in service. The opposite party has not complied and honoured the commitment. Therefore, it is just, fair and reasonable for the complainant to seek refund of the amount paid by him. In the matters of connected complaints against Country Club, this Forum is awarding interest at 9% p.a on the refund amount. Therefore, in this case also, it is just, fair and reasonable to award interest at 9% p.a. The complainant has prayed compensation of Rs. 50,000/- for mental agony. This is not a case to award compensation because there is no question of any mental agony or suffering. The interest awarded on the refund amount will meet the ends of justice. In the result, I proceed to pass the following: <br /> ORDER<br /> 6. The complaint is allowed. The opposite party is directed to refund Rs.99,000/-along with interest at 9% p.a to the complainant from the date of respective payments made by the complainant till the date of refund/realisation within 30 days from the date of this order. <br /> <br /> 7. The complainant is also entitled for Rs. 1,000/- as cost of the present proceedings from the opposite party. <br /> <br /> 8. Send the copy of this Order to both the parties free of costs as statutory requirements. <br /> <br /> 9. Pronounced in the Open Forum on this 24TH DAY OF NOVEMBER 2009. <br /> <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br /> rhr.,<br /> <br />