Date of filing : 09.03.2010<br /> Date of Order: 01.09.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 1ST DAY OF SEPTEMBER 2010<br /> <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 /> Sri. BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> <br /> COMPLAINT NO: 522 OF 2010<br /> <br /> 1) N.Rajeshwar Rao,<br /> S/o late N.Jagannath Tao,<br /> 2)N.Sunitha Rao,<br /> W/o N.Rajeshwar Rao,<br /> Both are R/at No.503, “A”<br /> Sterling Park, Kodigehalli Main road,<br /> Sanjeevini Nagar,<br /> Bangalore-92. Complainants<br /> <br /> <br /> V/S<br /> <br /> The Manager,<br /> Sales & Marketing,<br /> Country Club (India) Ltd<br /> No.675, 9th A Main,<br /> Indiranagar 1st Stage,<br /> Bangalore-38. Opposite party<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, 1986.<br /> The brief facts of the case are that, the complainants have become members of the opposite party Club. The opposite party had offered free site along with other attractive offers and services. The complainants in all paid Rs.1,35,000/- to the opposite party. The opposite party failed to allot complimentary site and register the same in favour of the complainants. The complainants submitted that the opposite party has committed deficiency in service in not complying the assurance made. Therefore, the complainants have prayed for refund of amount paid by him with compensation and interest. <br /> 2. The opposite party had filed defense version, stating that the complainants has paid Rs.1,35,000/-. 1st complainant has paid Rs.1,05,000/- towards Cool CG scheme and the complainant No.2 has paid Rs.30,000/- towards Cool S scheme, The op admitted the complainants No.1 & 2 have combined paid Rs.1,35,000/- towards membership fee. The opposite party admitted the payment made by the complainants towards the club membership. The opposite party’s always ready to execute necessary document in respect of plot. The opposite party denied deficiency of service. Therefore, the opposite party prayed to dismiss the complaint. <br /> 3. The respective parties have filed affidavit evidence and documents. <br /> 4. Arguments are heard.<br /> 5. The points for consideration are:<br /> 1. Whether the complainant has proved deficiency of service on the part of opposite party?<br /> 2. Whether the complainant is entitled for refund of amount paid by him? <br /> <br /> REASONS<br /> 6. The complainants have produced receipts for Rs.90,000- dated 9-09-2006 and another receipt for Rs.30,000/- dated 21-1-2007 is produced. The complainants stated that Rs.15,000/- was collected by the executive of the opposite party in the year 2004 through cheque, in this way the complainants have paid Rs.1,35,000/- to the opposite party. As per the commitment the opposite party has not executed sale deed of a complimentary plot in favour of the complainants. The opposite party has fairly admitted in the defense version receipt of Rs.1,35,000/- from the complainants together. Therefore, there is absolutely no dispute what so ever in respect of payment is concerned. The opposite party has submitted that even now it is ready to execute document of complimentary plot in favour of the complainant. Therefore, the opposite party submits that there is no deficiency of service on their part. Mere taking defense in the version that they are ready to register the plot is of no use at all, because the opposite party has not come forward with documentary evidence to show that layout had been formed and all the legal formalities are over and plots are ready for registration. The opposite party has not shown as to where the plots are available for allotment and documents in respect of layout have not been produced. Therefore, the defense of the opposite party can not be accepted at all. The complainants want cancellation of membership and refund of amount paid by him. Therefore, their prayer shall have to be allowed and accepted. The opposite party has committed deficiency of service in not honoring the assurances and commitment. Therefore, the complainants are entitled for the relief of refund of the amount paid by them. If the amount is refunded, no injustice or any hardship will cause to the opposite party. The Hon’ble State Commission in appeal No.3106/2009 decided on 11-3-2010 between S.M. Saqquaf v/s Country Club confirmed the order of this forum for refund of the amount. Therefore, there are no any legal heralds to allow the complaint. In the result, I proceed to pass the following:- <br /> ORDER<br /> 7. The complaint is allowed. The opposite party is directed to refund Rs.1,35,000/- to the complainants within 60 days from the date of this order. In the event of non compliance of the order within 60 days the above amounts carry interest at 9% p.a. from the date of complaint till payment / realization. <br /> 8. The complainants is also entitled Rs.2,000/- as cost of the present proceeding from the opposite party. <br /> 9. Send the copy of this Order to both the parties free of costs immediately. <br /> 10. Pronounced in the Open Forum on this 1ST DAY OF SEPTEMBER 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings<br /> <br /> <br /> MEMBER MEMBER<br />