Date of Filing:29.01.2010<br /> Date of Order: 09.07.2010<br /> <br /> 2<br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 09TH 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 /> COMPLAINT NO: 186 OF 2010<br /> <br /> Dr. Navaneth<br /> S/o. Balakrishna Rao<br /> Working at Krishna Hospital<br /> S.B.M. Road, Kunigal Town<br /> Tumkur District Complainant<br /> <br /> V/S<br /> <br /> The Managing Director<br /> Country Club (India) Limited<br /> No. 675, 9th ‘A’ Main<br /> Indiranagara 1st Stage<br /> Bangalore 560 038 Opposite Party<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 for refund of Rs. 1,25,000/-.<br /> The facts of the case are that the complainant had paid in all Rs. 1,25,000/- towards Mr. Cool Membership. Opposite party had issued membership card in favour of the complainant. Even though opposite party received entire amount from the complainant they have not made any effort in formation of layout and providing facilities and amenities. Opposite party has failed to provide services as agreed upon. Opposite party has committed deficiency of service and unfair trade practice. Request made by the complainant to provide site or to refund the amount, opposite party deliberately failed to form the layout thereby committed deficiency of service. Complainant issued legal notice to opposite party. Lot of injustice is being caused to the complainant. No benefits have been received by the complainant from the opposite party. The complainant prayed that opposite party be directed to refund Rs. 1,25,000/- with interest and compensation.<br /> 2. The opposite party has filed defence version stating that there is no deficiency of service on the part of opposite party. Opposite party acted as per its promise by providing all the services and by allotting complementary plot. The opposite party has admitted the amount paid by the complainant. Opposite party prayed to dismiss the complaint.<br /> 3. Affidavit evidences are filed.<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 the amount?<br /> 6. It is the case of the complainant that he became member of the opposite party society by paying Rs. 1,25,000/-. About payment of Rs. 1,25,000/- there is no dispute. Opposite party has clearly admitted the payment made by the complainant. Complainant has produced receipt passed by opposite party. By the receipts it is very clear that the complainant in all has paid Rs. 1,25,000/- to the opposite party on different dates. It is the case of the complainant that the opposite party has under taken to allot complementary site with all amenities and facilities. But the opposite party has not given complementary site as per the promise and commitment. Opposite party has not taken approval of different authorities and not formed layout. Therefore, complainant requested the opposite party for refund of the amount. The opposite party submitted that even now opposite party is ready to allot site and register the same in favour of complainant but the complainant is not ready to take site. He wants refund of the amount. So under these circumstances the opposite party can be directed to refund the amount instead of giving complementary site. The Hon’ble State Commission has also passed orders against Country Club directing the club to refund the amount received from the members. If the opposite party is directed to refund the amount received from the complainant no injustice or prejudice would cause to the opposite party. Opposite party having failed to honour the commitment in not giving complementary site within a time frame amounts to deficiency of service. Therefore, the complainant is definitely entitled for refund of the amount. Complainant has claimed interest at 24% p.a. There is no contract or agreement between parties for payment of interest on the amount paid by the complainant. The complainant has voluntarily became member of club and paid the amount. The only deficiency of service committed by the opposite party is not executing sale deed of a plot. Therefore, the complainant is entitled for amount paid by him and he is not entitled for the past interest. However, the complainant is entitled for a reasonable interest on the refund amount from the date of the filing of complaint. The complainant has also prayed compensation of Rs. 1,00,000/-. Again this is not a case to grant compensation. The question of granting compensation does not arise at all in this case. Complainant has not proved as to how he has suffered mental agony so as to claim compensation. Therefore, grant of compensation is not considered. 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. 1,25,000/- to the complainant within 60 days from the date of this order.<br /> 8. The complainant is also entitled for interest at 9% p.a. from the date of complaint till refund / realisation.<br /> 9. The complainant is also entitled for Rs. 1,000/- as costs of the present proceedings from the opposite party.<br /> 10. Send the copy of this Order to both the parties free of costs immediately. <br /> 11. Pronounced in the Open Forum on this 09TH DAY OF JULY 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings.<br /> <br /> MEMBER MEMBER<br />