Date of Order: 14.08.2009 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 05TH DAY OF AUGUST 2009 PRESENT Sri. S.S. NAGARALE, B.A, LL.B. (SPL.), President. Smt. D. LEELAVATHI, M.A.LL.B, Member. Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member. COMPLAINT NO: 1129 OF 2009 Date of Filing: 15.05.2009 M.V. Shyamsunder, No. 107/5, 5th Main road, Kempegowda Nagar, Off: Bull Temple road, Bangalore 560 019 Complainant Vs. Country Club (India) Ltd. (Member Relation Division) # 847/1, Adj to Post Office 100 feet Road, Indiranagar, Bangalore 560 038. Opposite Party COMPLAINT NO: 1382 OF 2009 Date of Filing: 17.06.2009 P. Parthasarathy, S/o Late Padmanabhaiah, R/at No. 704, K. Padmanabhaiar Building, Near SRS, Peenya I Stage, Peenya, Bangalore 560 058 Complainant Vs. The Manager, M/s Country Club (India) Ltd., No. 675, 9th A Main, Indiranagar I Stage, Bangalore 560 038. Opposite Party COMPLAINT NO: 1384 OF 2009 Date of Filing: 17.06.2009 G. Govindappa, S/o Late G. Venkatanna, No. 1, ITI Layout, Mallathahalli, Balagangadhar Nagar, NearAmbedkar Institute of Technology, Bangalore 560 056 Complainant V/S The Country Club, Division of Country Club (India) Ltd., No. 273, Defence Colony, HAL II Stage, Bangalore 560 038. Opposite Party ORDER By the President Sri. S.S. Nagarale These three complaints are clubbed together for passing common order since the opposite party in all the cases is one and the same and the question of law and facts involved in these complaints are similar. Therefore, these complaints can be conveniently disposed off by passing common order. The respective complaints have paid amount to the opposite party company for membership. The complainant Mr. V. Shyama Sunder in complaint No. 1129/2009 has paid in all Rs.1,05,000/-. The complainant Mr. P. Parthasarathy in complaint No. 1382/2009 has paid Rs.1,70,000/- under different receipts and the complainant Mr. G. Govindappa in complaint No. 1384/2009 has paid in all sum of Rs. 99,000/- under three receipts. It is the case of the complainant that the opposite party company had promised to allot free complementary site along with other facility of the club. The complainants have stated that the opposite party company has committed deficiency in service and sites have not been allotted to them as promised and the complainants have not availed any service from the opposite party company as promised. Therefore, the complainants demanded refund of the amount paid by them and cancellation of the membership. 2. Notice was issued to opposite party. Opposite party put in appearance through Advocate and defence version filed. In the defence version opposite party has clearly admitted the receipt of the amount from the respective complainants. The opposite party company submitted that, it is ready to allot the sites to the complainants and the complainants are not coming forward to pay the registration charges. Even now the opposite party company is ready to allot the sites as promised under the scheme to the complainants and it is submitted that it is the duty of the complainants to pay the registration charges and stamp duty. The opposite party company has not come forward with concrete proposal and specification as to whether the layout was formed, whether all the formalities have been completed in forming the layout. The opposite party has not produced any documentary evidence or proof to show that the layout has been formed and sites are ready for registration. So, under these circumstances without their being any proof and documents about the formation of layout, mere commitment or willingness stated in the defence version cannot be accepted. The respective complainants are not ready to go for registration of sites. They submitted that they will be satisfied if the amount is refunded with interest. The complainants are not ready to take the risk by accepting the offer of the opposite party. All the complainants requested for an order to refund the amount paid by them. So, under these circumstances it would be just, fair and reasonable to direct the opposite party company to refund the amount with interest. The opposite party company having received the amount from the complainants utilised the funds of the respective complainants for their own use and the opposite party company is bound to pay the interest amount to the respective complainants. On the facts and circumstances of the case, it would be just, fair and reasonable to award interest at the rate of 9% p.a on the refund amount. In the result I proceed to pass the following: ORDER 3. All the three complaints are allowed. The opposite party company is directed to refund Rs.1,05,000/- to the complainant Mr. V. Shyama Sunder in complaint No. 1129/2009. 4. The complainant Mr. P. Parthasarathy in complaint No.1382/2009 is entitled for refund of Rs.1,70,000/- and the complainant Mr. G. Govindappa in complaint No.1384/2009 is entitled for refund of Rs.99,000/-. 5. The opposite party company is directed to pay interest at 9 per cent p.a., on the refund amount from the respective payment made by the complainants till payment / realisation. 6. The complainants are entitled for Rs.1,000/- each as costs of the present proceedings from the opposite party company. 7. The opposite party company is directed to comply the order within 4 weeks from the date of this order. 8. Keep the copy of the order in connected case files. 9. Send the copy of this Order to both the parties free of costs immediately. 10. Pronounced in the Open Forum on this 14TH DAY OF AUGUST 2009. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER Rhr.,
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