28.06.2010 Stage: Orders .<br /> <br /> Complainants : Inperson<br /> O.P. : Exparte<br /> <br /> 1. The complainant has filed the complaint under section 12 of the C.P.Act, alleging deficiency in service on the part of the opposite party, seeking direction to refund Rs.15,000/- as well as compensation and cost.<br /> 2. In spite of due service of the notice, opposite party has remained absent, is set exparte.<br /> 3. To prove the facts alleged in the complaint, the complainant has filed his affidavit and produced certain documents. We have heard the complainant and perused the records.<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 reliefs sought?<br /> 5. Our finding is partly in affirmative, for the following reasons.<br /> REASONS<br /> 6. The complainant claims that, on 15.10.2009, he was called upon by the opposite party to collect gift voucher. At that time, the opposite party insisted the complainant became it’s member. Certain offers were made, particularly benefit of free food and stay for family trip any where in India, once in a year. The complainant requested for such arrangement at Bandipur and also, at Goa, but that was not arranged. Then, he requested to refund the amount, that is not refunded. These facts are stated by the complainant in his affidavit and Xerox copies of the documents are produced. Considering the facts stated by the complainant in his affidavit on oath, corroborated by the documents, we have no reasons to dis-believe the case put forth by the complainant. Moreover, despite service of the notice, opposite party has remained exparte.<br /> 7. The complainant is entitled for refund of Rs.15,000/- that he has paid to the opposite party. Further, complainant has sought compensation of Rs.50,000/-. Since, the complainant has sought interest at the rate of 19% p.a., the interest as well as compensation, both cannot be granted. Accordingly, following order:-<br /> ORDER<br /> <br /> 1. The complaint is partly allowed.<br /> 2. The opposite party is hereby directed to refund Rs.15,000/- to the complainant with interest at the rate of 18% p.a. from 16.10.2009 till realization. This amount shall be paid by the opposite party to the complainant within a month from the date of this order.<br /> 3. Further, opposite party to pay a sum of Rs.1,000/- to the complainant towards cost of the proceedings.<br /> 4. Give a copy of this order to both parties according to Rules. <br />