Complaint filed on: 29-03-2010 <br /> Disposed on: 28-06-2010<br /> <br /> BEFORE THE BANGALORE IV ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, <br /> BANGALORE URBAN DISTRICT, NO.8, SAHAKARA BHAVAN, CUNNINGHAM ROAD, BANGALORE-560052<br /> <br /> C.C. NO.700/2010<br /> Dated of this 28th day of June 2010<br /> <br /> <br /> PRESENT<br /> <br /> Sri.D.Krishnappa, President<br /> Sri.Ganganarasaiah, Member<br /> Smt.Anita Shivakumar.K., Member<br /> <br /> <br /> Complainant: - M.J.Lalji & K.Ajithkumar, <br /> R/a No.53, 6th Cross,<br /> Annayappa block, Benson town<br /> Post, Bangalore <br /> <br /> <br /> V/s <br /> <br /> <br /> Opposite party: - The Manager, Customer Care<br /> M/s. Country Club (India) Ltd, <br /> No.847/1, 100 feet road, <br /> Next to Indiranagar post, Bangalore-560 038<br /> <br /> <br /> O R D E R<br /> <br /> Smt.Anita Shivakumar.K., Member<br /> <br /> The complaint is filed by the complainant under section 12 of the Consumer Protection Act, 1986 against the Op. The grievance of the complainants against the OP in brief is that they became members of Mr. Cool card of OP’s club after OP suggested them to pay Rs.3,75,000/- towards the membership fee and through that membership OP offered him allotment of site and many other facilities such as holiday trips and accommodations. Believing their assurances and club facilities complainants became cool card members and they paid Rs.3,75,000/- through cheques on 28-8-2007, 4-10-2007 and 5-10-2007 as full amount towards membership. The OP has not issued any receipts for the same and also complainants also alleged that the OP has not issued temporary membership card to them at least which is necessary to utilize the facilities of OP club. The OP did not show any progress in formation of layout and provide any facilities to the complainants. The complainants lost interest in continuing their transaction with OP since OP has not provided facilities and allotment of site and issuance of membership card. The OP further alleged to had offered several other facilities but offered none. Therefore he lost faith in OP and requested him to pay back his membership fee with interest. Complainants also got issued legal notice to the OP which was served on them dated 4-12-2009. But OP neither refunded their amount nor replied to the notice. Hence has prayed for a direction to the OP to refund Rs.3,75,000/- with 18% interest and compensation. <br /> <br /> 2. Notice sent to OP through RPAD, acknowledgement not returned. Based on the report submitted by the complainant which was issued by the concerned post master that service of notice to OP held sufficient. On the date of appearance of OP, he was absent. Hence, he placed exparte. On the date of subsequent hearing, counsel for OP prays time, without filing his power and version. So representation of OP cannot be considered. <br /> <br /> 3. In the course of enquiry into the complaint, both the complainants by reproducing what they have stated in their complaint. The complainants along with the complaint has produced copy of the letter, copies of bank statements, copy of one receipt under which payments were made to the OP, copy of request form to refund the amount and legal notice issued to OP. We have heard the counsel for complainant and gone through the material documents. <br /> <br /> 4. On perusal of the material documents produced by the complainants, that both complainants has taken membership jointly and paid the amount jointly by both the complainants. Complainants alleged that the OP has not issued receipts for payments and membership card though the complainants paid full amount as required to pay as offered by OP. Without membership card, one cannot enter in the premises of OP club and use the facility of the OP club. So there is no contradiction about the utilization of club facilities is these complainants. <br /> <br /> 5. On the other hand, we find that OP has not taken any interest to allot site and arranging trips as assured. With all these deficiency, complainants lost interest and requested to refund his amount back on 31-7-2009 and the same has been endorsed by the official of OP club. Later on 4-12-2009 complainant also sent a legal notice to OP club calling upon to refund Rs.3,75,000/-.<br /> <br /> 6. As the OP received the legal notice issued by complainants has neither replied to the notice nor refunded his money. We find no reasons to retain complainants amount without providing facilities and keeping their promises. It amounts to deficiency on the part of OP. Therefore, we are of the view that OP is liable to compensate the complainant by repaying his amount with interest from the date of his respective deposits. <br /> <br /> 7. The OP inspite of opportunity given to him has remained absent. We do not find any reason to disbelieve the claims of the complainants. Hence, we pass the following:<br /> <br /> O R D E R<br /> <br /> Complaint is allowed. Op is directed to pay Rs.3,75,000/- to the complainant within 45 days from the date of this order. OP is further directed to pay 18% interest on Rs.3,75,000/- from the date of respective deposits till they are repaid. <br /> Op shall pay Rs.2,000/- towards cost.<br /> <br /> Dictated to the Stenographer, Got it transcribed and corrected, Pronounced on the Open Forum on this 28th June 2010.<br /> <br /> Member Member President<br />