IN THE DISTRICT CONSUMERS’ DISPUTES REDRESSAL FORUM AT MYSORE<br /> <br /> PRESENT: 1. Shri.A.T.Munnoli<br /> B.A., L.L.B (Spl.) - President <br /> <br /> 2. Smt.Y.V.Uma Shenoi<br /> M.Sc., B.Ed., - Member<br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> <br /> CC 374/09 DATED 04.11.2009<br /> ORDER<br /> <br /> Complainant Arun Arya Mishra, 1494/2, Dr. Ambedkar Road, K.R. Puram, Mysore-4.<br /> <br /> (In person)<br /> <br /> Vs. <br /> Opposite Parties The Managing Director, M/s Country Vacation (Intl.) Holiday Club), 45/5, Vanivilasa Road, Mysore-4.<br /> <br /> (Exparte)<br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 09.10.2009<br /> Date of appearance of O.P. : <br /> Date of order : 04.11.2009<br /> Duration of Proceeding : <br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> 1. Under Section 12 of the Consumer Protection Act the complainant has filed the complaint against the opposite party to direct to refund Rs.10,000/- advance paid with interest at the rate of 10% and further Rs.5,000/- compensation for mental agony and Rs.500/- cost of the proceedings.<br /> <br /> 2. In the complaint it is alleged that the complainant has paid initial deposit of Rs.10,000/- to the opposite party on the assurance that a site will be allotted, if further sum of Rs.25,000/- is paid within six months. Also the opposite party gave an option that if the complainant goes on tour, free accommodation will be provided. It is alleged that the opposite party adopted unfair trade practice calling upon the complainant frequently over phone stating that he had secured a price worth of several thousand rupees and bluffed the complainant to believe to secure initial payment and price of glass bowls worth Rs.50/- also etc.,. The complainant frustrated over the transaction, sent a letter demanding the opposite party to refund of the amount. There is no response from the opposite party. On these grounds, it is prayed to allow the complaint.<br /> <br /> 3. Despite due service of the notice, the opposite party has remained absent.<br /> <br /> 4. To prove the facts alleged in the complaint, the complainant has filed his affidavit and produced some documents. We have heard the complainant and perused the records.<br /> <br /> 5. Now, we have to consider whether the complainant has proved any deficiency on the part of the opposite party and that he is entitled to the any reliefs sought?<br /> <br /> 6. For the following reasons, our finding is in affirmative.<br /> <br /> <br /> REASONS<br /> <br /> 7. To substantiate the facts alleged in the complaint, the complainant has filed this affidavit and also produced the receipts and other documents issued by the opposite party. It is alleged by the complainant that, the opposite party had promised to allot a site within six months in case further sum of Rs.25,000/- is paid and so also there was an offer that the complainant will get free accommodation in case of North India tour etc.,. Also it is alleged that the opposite party adopted unfair trade practice by calling upon the complainant by frequently over phone stating that he has secured a prize worth of several thousand rupees etc., and delivered prize of glass bowls worth about Rs.50/-. It is also stated that the complainant frustrated with the transactions of the opposite party etc.,. Considering the facts and the evidence, complainant has prima-facie made out deficiency in service on the part of the opposite party. The opposite party despite due service of notice as not appeared before the Forum and denied or disputed by the claim. Accordingly, we pass the following order.<br /> <br /> ORDER<br /> <br /> 1. The Complaint is allowed.<br /> 2. The opposite party is hereby directed to refund Rs.10,000/- to the complainant with interest at the rate of 10% p.a. from 09.04.2009, within a month from the date of the order. <br /> 3. The opposite party is further directed to pay a sum of Rs.2,000/- compensation towards mental agony and a sum of Rs.500/- cost of the proceedings to the complainant.<br /> 4. Give a copy of this order to each party according to Rules.<br /> (Dictated to the Stenographer, transcribed by her, transcript revised by us and then pronounced in the open Forum on this the day 4th November 2009)<br /> <br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> <br /> (Shivakumar. J)<br /> Member<br /> <br />