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 /> <br /> 3. Shri. Shivakumar.J.<br /> B.A., L.L.B., - Member<br /> <br /> CC 260/09 DATED 26.08.2009<br /> ORDER<br /> <br /> Complainant <br /> <br /> <br /> Mrs. Roopa D.A W/o Dennis, No.35, 9th Main, Vinayaka Nagar, Jayalaxmipuram, Mysore-570012.<br /> (In person)<br /> Vs. <br /> Opposite Parties Mr. Rakesh Kumar, Manager, Country Vacations, Unit of Country Club India Ltd., No.451/4, Vanivilas Road, Opp. RTO, Chamarajapuram, Mysore-570024.<br /> <br /> (Absent)<br /> Nature of complaint : Deficiency in service<br /> Date of filing of complaint : 20.07.2009<br /> Date of appearance of O.P. : <br /> Date of order : 26.08.2009<br /> Duration of Proceeding : <br /> <br /> <br /> <br /> PRESIDENT <br /> <br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> <br /> MEMBER<br /> <br /> <br /> Sri. A.T.Munnoli,<br /> President<br /> <br /> 1. Complainant has sought a direction to the opposite party for refund of Rs.2,80,000/- with interest at the rate of 24% p.a. and also compensation of Rs.8,00,000/- for mental agony and for making false promises.<br /> <br /> 2. It is alleged, the complaint that in the month of September 2008 complainant invited over phone by the executives of the opposite party saying that, complainant is selected for gift. Accordingly, complainant visited the opposite party with her husband and two children. They were given a presentation abut holiday membership and it was told that if the complainant become member, various facilities were offered including insurance bond for 6,00,000/- and a site and the membership cost will be Rs.2,80,000/-. Hence, complainant paid the amount of Rs.2,80,000/- to the opposite party and became member. Thereafter, the complainant went to avail free holiday as promised by the opposite party, but free service was not provided. Ultimately, the complainant called the opposite party to refund the amount paid as well as the damages for not providing insurance policy and the site etc.,.<br /> <br /> 3. In spite of due services of the notice, the opposite party remained absent. Hence, the opposite party is set exparte.<br /> <br /> 4. To prove the facts alleged in the complaint, the complainant has filed her affidavit and produced several documents. We have heard the complaint and perused the material on record.<br /> <br /> 5. Now, the point for our consideration is, whether the complainant has proved deficiency in service on the part of the opposite party and that she is entitled to any relief? For the following reasons, our finding is in affirmative.<br /> <br /> REASONS<br /> <br /> 6. Without repeating the facts alleging in the complaint and stated by the complainant in affidavit, the complainant has produced receipts as well as agreement copy, where from it is made out that the complainant has paid the entire purchase price of Rs.2,80,000/- to the opposite party. The opposite party in spite of the service of the notice has not appeared before the court and denied or disputed the claim made by the complainant.<br /> <br /> 7. The complainant alleges that, the opposite party promised free holidays and accordingly, the complainant with her family members went to Bandipur and Hyderabad but free service was not provided. Further according to the complainant, the opposite party promised to give a site and also insurance bond, but the same was not provided. These facts stated by the complainant in her affidavit have not been challenged by the opposite party. The promises by the opposite party to the complainant also could be seen from the material placed on record by the complainant.<br /> <br /> 8. The complainant has sought refund of Rs.2,80,000/-. Since the opposite party has not fulfilled the promises the claim of the complainant has to be believed. However, as regards other promises and the claim of the complainant damages to the extent of Rs.8,00,000/- towards mental agony etc., appears to be high. Hence, awarding a sum of Rs.20,000/- in this regard could meet the hands of justice. Accordingly, we answer the point and pass the following order. <br /> ORDER<br /> <br /> 1. The complaint is partly allowed.<br /> 2. The opposite party is hereby directed to refund Rs.2,80,000/- to the complainant with interest at the rate of 18% p.a. from the respective dates and the amount shown bellow till realization, and the amount should be paid within 60 days from the date of the order.<br /> <br /> Receipt No. Date of installment Amount<br /> 2093 28.10.2008 2,40,000<br /> 2019 11.09.2008 5,000<br /> 1992 31.08.2008 25,000<br /> 1999 04.09.2008 10,000<br /> <br /> 3. Further, the opposite party shall pay a sum of Rs.20,000/- to the complainant towards mental agony and other inconvenience caused, within 60 days from the date of the order and on failure to pay, interest at the rate of 9% p.a. till realization has been paid.<br /> 4. So also the opposite party is hereby directed to pay a sum of Rs.2,000/- towards cost of the proceedings. <br /> 5. Give a copy of this order to each party 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 26th August 2009)<br /> <br /> <br /> <br /> (A.T.Munnoli) <br /> President <br /> <br /> <br /> <br /> (Y.V. Uma Shenoi)<br /> Member<br /> <br /> <br /> <br /> (Shivakumar .J)<br /> Member<br /> <br />