Date of filing : 09.12.2009<br /> Date of Order: 24.07.2010<br /> <br /> <br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 24TH DAY OF JULY 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 /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 2903 OF 2009<br /> <br /> Mr. S.C. Gangadhar Murthy, <br /> 54/16, 21st Main Road,<br /> Marenahalli,<br /> M.S.Road, Vijayanagar,<br /> Bangalore-40. Complainant<br /> <br /> <br /> V/S<br /> <br /> 1.The Manager,<br /> The Country Club (India) Ltd.,<br /> No.279, 1st Main, Defence Colony,<br /> HAL 2nd Stage, Indiranagar,<br /> Bangalore.<br /> <br /> 2. The Manager,<br /> Amrutha Estates, <br /> A Dvn. of Country Club (India) Ltd.,<br /> No.478. Maha Padma,<br /> 1st Main, 1st Stage, Indiranagar<br /> Bangalore-38. Opposite parties<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, 1986.<br /> The brief facts of the case are that, the complainant has become a member of the opposite parties Club. The opposite parties had offered free site along with other attractive offers and services. The complainant in all paid Rs.57,020/- to the opposite parties. The opposite parties postponed handing over the site to the complainant as assured. In one fine day the opposite parties called the complainant and handed over the Sale Deed in respect of site No.788 situated at Chilamathur in Kondur Polaam & Panchyath area, Andhra Pradesh State. The opposite parties had assured the complainant allotment the site in good locality that to 40 minutes drive from Chikkaballapur. They have not revealed the site situated in the state of Andhra Pradesh. The complainant went to the location on 2-10-2009, which is 145 km away from Bangalore. The location mentioned in the sale deed is a barren land it is not suitable for human inhibition. The complainant got disappointed. There is nothing in the place to say as site or layout. The complainant approached the opposite parties and asked them to refund the money since, they fail to fulfill the promise. The opposite parties promised to refund the amount with interest but, fail to do so for several months. The opposite parties have failed to provide services which they had offered. Hence, there is a deficiency of service. Therefore, the complainant prayed direction to the opposite parties to refund Rs.57,020/- along with interest. <br /> 2. The opposite parties had filed defense version, stating that the complaint is false. The complainant has utilized services provided by the opposite parties. The membership fee is non refundable but membership is transferable and if the complainant wants he can transfer the membership. There is no deficiency of service. Therefore, the opposite parties requested 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 parties?<br /> 2. Whether the complainant is entitled for refund of amount paid by him? <br /> <br /> REASONS<br /> 6. The complainant has produced receipts for Rs.29,000/- dated 17-8-2006, and another receipt for Rs.10,000/- dated 30-8-2006 and he has produced another receipt for Rs.7,500/- and one more receipt is produced which is for Rs.520/- The complainant has produced another receipt for Rs.6,098/-. The total amount comes to Rs.53,118/-. The Advocate for the complainant submitted that though the Sale Deed is executed but there is absolutely no facility as promised by the opposite parties. The opposite parties has promised very attractive facilities in their brochure but, none of the facilities and services provided. Therefore, it amounts to a deficiency in service on the part of the opposite parties. The complainant is not ready to accept the complimentary site and he will execute the reconvening deed in favour of the opposite parties in respect of the plot registered in the name of the complainant. Therefore, the learned advocate prayed for refund of the amount paid by the complainant. The opposite parties promised facilities at Country Kuteeram a Hill top restaurant, a nature’s recreation place for children, Yoga and Naturopathic massage centre, Swimming Pool, Spa, Boutiques, A/C conference hall etc., But, none of these facilities are available at the place of site. It is just like a jungle therefore, learned advocate for the complainant submitted that the opposite parties have committed deficiency in service and requested for passing order for refund of the amount. In the facts and circumstances of the case looking into all the documents it is just, fair and reasonable to direct the opposite parties to refund Rs.53,118/- to the complainant. In the result, I proceed to pass the following:<br /> ORDER<br /> 7. The complaint is allowed. The opposite parties are directed to refund Rs.53,118/- to the complainant 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 complainant is also entitled Rs.1,000/- as cost of the present proceeding from the opposite parties. <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 24TH DAY OF JULY 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings<br /> <br /> <br /> MEMBER MEMBER<br />