Date of Filing:17.11.2008 Date of Order:15.01.2009 BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM SESHADRIPURAM BANGALORE-20 Dated: 15TH DAY OF JANUARY 2009 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: 2471 OF 2008 B.S. Ravi S/o. A Suryanarayana Rao NO. 206, MIGB 13th Block 6th Phase, Yelahanka New Town Bangalore 560 064 Complainant V/S Zest Mahindra Holidays No. 415, 1st floor, 1st Block R.T. Nagar Main Road Bangalore 560 032 Rept. by its Manager Opposite Party ORDER By the President Sri. S.S. Nagarale This is a complaint filed under section 12 of the Consumer Protection Act 1986. The facts of the case are that the complainant has become member of the opposite party and has paid Rs. 12,000/- through cheque. The executive of opposite party promised that they will book a cottage on 31st April, 1st & 2nd May 2008 on complimentary basis. The complainant after becoming member, the opposite party refused to put the cottage on the above mentioned dates. Complainant wrote letter to opposite party to cancel the membership due to wrong commitment. The complainant is not interested to continue as member of the opposite party. Complainant requested for return of the amount paid. The opposite party has not taken any action to refund the amount. There is deficiency in service on the part of opposite party. Hence, the complainant prayed that opposite party may be directed to refund Rs. 12,000/- with interest. 2. Notice issued to opposite party through RPAD. Notice was served. Inspite of notice opposite party has not appeared before this forum. The opposite party even not sent defence version by post. 3. Complainant filed affidavit and documents. I have perused complaint and documents. 4. The complainant has produced bank statement. By this statement it is clear that the complainant has given cheque for Rs. 12,000/- to the opposite party and cheque amount has been realized by the opposite party. The complainant has produced letter of opposite party which is as under: Dear Ravi B.S. I would like to congratulate you for becoming a member of Zest Mahindra Holidays. We have received your initial DP amount which 12,000 rupees by cheque [357027] Have a nice day. Regards Bidisha Baruah Channel Manager 5. So by this letter also it is clear that the opposite party has received Rs. 12,000/- from the complainant towards initial DP amount. The complainant has produced letter addressing to the opposite party and he has demanded by this letter for refund of the amount and for cancellation of membership. The case made out by the complainant has gone unchallenged. The opposite party has not appeared and contested the matter inspite of service of notice. There is definitely no reasons to dis-believe the case put up by the complainant. The complainant has not availed any service from the opposite party. The complainant wants refund of his membership fee, since the opposite party has failed to give any service as promised. Therefore, it just, fair, proper and reasonable to direct the opposite party to refund the amount received from the complainant. The opposite party has no right to retain the amount without giving any service to the complainant as per the commitment. Therefore, the complainant is right in seeking refund of the amount. In the result I proceed to pass the following: ORDER 6. The Complaint is allowed. The opposite party is directed to refund Rs. 12,000/- to the complainant along with 12% interest p.a. from 22.04.2008 till payment / realisation. 7. The Complainant is also entitled for Rs. 1,000/- towards costs of the present proceedings from the opposite party. 8. Send the copy of this Order to both the parties free of costs immediately. 9. Pronounced in the Open Forum on this 15TH DAY OF JANUARY 2009. Order accordingly, PRESIDENT We concur the above findings. MEMBER MEMBER
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