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 /> <br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 220/10 DATED 09.07.2010<br /> ORDER<br /> <br /> Complainant Sri. K. Ankaiah S/o late Puttaiah, D.No.475, ‘B’ Block Jalapuri police quatras, Mysore.<br /> (In person)<br /> <br /> Vs. <br /> Opposite Party Country Vacation, A Division of Country Club (India) Ltd., Bangalore-Mysore Ring Road, Near Circle, Mysore.<br /> (Exparte)<br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 31.05.2010<br /> Date of appearance of O.P. : <br /> Date of order : 09.07.2010<br /> Duration of Proceeding : <br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> MEMBER<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> 1. Alleging deficiency in service on the part of the opposite party in allotting the site, the complainant has filed the complaint.<br /> <br /> 2. In spite of service of the notice, opposite party has remained absent and placed exparte.<br /> <br /> 3. To prove the facts alleged in the complaint, the complainant has filed his affidavit and produced certain documents. We have heard the arguments and perused the records.<br /> <br /> 4. Now, we have to consider whether the complainant has proved any deficiency in service on the part of the opposite party and that he is entitled to the reliefs sought?<br /> <br /> 5. Our finding on the point is partly in affirmative, for the following reasons.<br /> <br /> REASONS<br /> 6. In support of the claim that the complainant paid a sum of Rs.25,000/- on 24.05.2009 to the opposite party as alleged in the complaint, it is stated in the affidavit. To substantiate that fact, the original receipt issued by the opposite party is placed on record.<br /> <br /> 7. The complainant claims that, he had paid the said amount, towards allotment of site, measuring 30’ X 40’ at Hindupura at a distance at about 70 Kilometer from Bangalore and thereafter, the complainant approached the opposite party to get the site, but the opposite party postponed the allotment of the site on one of the other reasons. Then the complainant submitted the letter to the opposite party dated 29.01.2010 requesting to refund the amount with interest. In spite of receipt of the said letter, opposite party has not complied with the demand.<br /> <br /> 8. The facts referred to above are alleged in the complaint and stated by the complainant in his affidavit. The opposite party in spite of due service of the notice of the Forum, has remained exparte and has not denied or disputed the claim of the complainant. Hence, we have no reason to disbelieve the same. Accordingly, following order.<br /> <br /> ORDER <br /> 1. The complaint is partly allowed.<br /> 2. The opposite party is hereby directed to refund Rs.25,000/- to the complainant with interest at the rate of 18% p.a. from 24.05.2009 within a month from the date of the order.<br /> 3. Also, opposite party to pay a sum of Rs.500/- to the complainant, towards cost of the proceedings.<br /> 4. Give a copy of this order to both the parties 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 9th July 2010)<br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> (Y.V.Uma Shenoi)<br /> Member<br /> <br /> <br /> (Shivakumar.J.)<br /> Member<br /> <br /> <br />