Date of Filing: 27.11.2009 Date of Order: 01.06.2010 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20 Dated: 01ST DAY OF JUNE 2010 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: 2793 OF 2009 B. Amit Kumar Jain S/o. Babulalji Palrecha No. 176, 1st Cross Kodandaramapuram Bangalore 560 003 Complainant V/S The Secretary The Country Club (India) Ltd. No. 675, 9th A Main Indiranagar, 1st Stage Bangalore 560 038 Opposite Party ORDER By the Member Sri Balakrishna. V. Masali The complainant has filed the complaint under section 12 of the Consumer Protection Act. The grievance of the complainant is that the complainant has paid Rs. 1,25,000/- towards the Kool Card Membership. The opposite party promised to allot complimentary sites to the complainant. But the opposite party failed to keep up the promise and complimentary sites have not been registered in the name of the complainant. Therefore, the complainant has submitted that opposite party have committed deficiency in service. The complainant has no more interested in continuing in membership in the opposite party club. The complainant has not utilized any services from the opposite party country club. The complainant demanded refund of amount paid by him and cancellation of membership. Since, the opposite party did not respond to the request of the complainant, therefore, he has been forced to file complaint, compensation of Rs. 3,00,000/- for mental agony and cost. 2. The opposite party filed version admitting that the complainant has become the member of the club. The opposite party has also admitted in the version that the member has entitled for allotment of complimentary sites measuring 1089 Sq. ft. The opposite party submitted that even now they are ready to allot site. Non-registration of the complimentary site is due to the fault of the complainant. The opposite party denied deficiency of service on their part and requested to dismiss the complaint. 3. The complainant has filed Affidavit and documents. 4. Arguments are heard. 5. The points for consideration are: 1. Whether the complainant has proved deficiency of service of the part of opposite party? 2. Whether the complainant is entitled for refund of amount paid by the complainant? 6. The complainant has produced the receipts passed by the opposite party. The total amount paid by the complainant as per the receipts is Rs. 1,25,000/- in different dates. Since, the opposite party failed to refund the amount of Rs. 1,25,000/- the complainant do not want to continue with the membership of the club. The complainant is interested in cancellation of membership and getting refund of amount. This forum and other forums have disposed off number of complaints against country club directing refund of amount with reasonable interest. Therefore, this complaint is also liable to be allowed. This is not a case for granting the compensation. The complainant being Consumer under the Consumer Protection Act, his interest requires to be protected by passing order of refund. In the result I proceed to pass the following: ORDER 7. The complaint is allowed. The opposite party is directed to refund Rs. 1,25,000/-. 8. The complainant is entitled for 9% interest p.a. from the date of filing the complaint till the date of payment / realisation. 9. The complainant is entitled for cost of Rs. 500/- from the opposite party. 10. Send the copy of this Order to both the parties free of costs immediately. 11. Pronounced in the Open Forum on this 01ST DAY OF JUNE 2010. Order accordingly, MEMBER We concur the above findings. MEMBER PRESIDENT
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