Karnataka

Bangalore 4th Additional

CC/14/1362

Rajesh K - Complainant(s)

Versus

Mr. Jenson, Mr. Jawed and Mis, Anju Country Club India Limited - Opp.Party(s)

Inperson

13 Aug 2019

ORDER

Complaint filed on: 02.08.2014

Disposed on: 13.08.2019

 

BEFORE THE IV ADDL DISTRICT

CONSUMER DISPUTES REDRESSAL FORUM, BENGALURU

1^ST FLOOR, BMTC, B-BLOCK, TTMC BUILDING, K.H.ROAD, SHANTHINAGAR, BENGALURU – 560 027

 

 

CC.No.1362/2014

DATED THIS THE 13^th AUGUST OF 2019

 

 

PRESENT

 

 

 

 

SMT.PRATHIBHA. R.K., BAL, LLM, PRESIDENT

SMT.N.R.ROOPA, B.A., LLB, MEMBER

 

 

Complainant/s: -                           

Sri.Rajesh.K,

No.408, Opp.Varada

Provisional Store,

Masjid Street,

Begur Road,

Bommanahalli,

Bengaluru-68.

 

Inperson  

 

 

V/s

 

Opposite party/s:-    

 

Mr.Jenson, Mr.Jawed

Ms.Anju

Country Club India Ltd.,

No.321, 1^st Floor,

Above Bata Showroom,

Opposite to HDFC Bank,

Near Hypercity Mall, Kundalahally Gate,

Whitefield Road,

Bengaluru-37.

 

By Adv.Sri.D.Narase Gowda

 

ORDER

 

SMT.PRATHIBHA. R.K., PRESIDENT

 

            This complaint is filed by the Complainant against the Opposite party (herein after called as OP), under section 12 of the Consumer Protection Act, 1986. The Complainant prays to direct the OP to refund Rs.40,000/-.

 

2. The brief facts of the complaint is as under:

 

The Complainant submits that, the Complainant obtained country club membership by paying Rs.40,000/- through his credit card. For which OP offered 2 gram gold, kitchen set worth Rs.7,500/-, free gift voucher for one day visit to the nearest star hotel and free gift voucher for 7 days visit in India or abroad. OP insisted to pay towards membership by offering said items and withdraw Rs.40,000/- from Complainant’s credit card. The Complainant further submits that, OP has not given the assured offers and also not given the certificate, payment receipts, but only given the gift vouchers. Hence, called the OP to cancel the membership and return the amount. But OP threatened the Complainant. Hence, the Complainant has approached this forum.

 

3. The OP appeared before this forum and filed objections. In the objection, the OP submits that, OP received part amount of Rs.40,000/- as against the agreed amount of Rs.85,000/- towards holiday vacations. The OP upon receipt of the amount has issued the membership card to the Complainant. The OP also issued the gold coin, holiday gift voucher to the Complainant as a complementary offer. The OP never promised or assured to give or any other items as alleged in the complaint. In terms of purchase agreement dtd.02.07.14, the Complainant ought to have pay Rs.85,000/- but has not paid the remaining amount of Rs.45,000/- even after repeated requests and demands.

 

3a. The OP further submits that, the Complainant has taken back the refund of the said part amount of Rs.40,000/- on 17.10.14. Even after receipt of the entire amount from the OP, the Complainant by suppressing the true and material facts filed the said false and frivolous complaint. The OP already paid the amount and hence there is no relationship between the consumer and service provider between the Complainant and OP. In the said circumstances, there is no deficiency in service on the part of OP. Hence, prays this forum to dismiss the complaint.

 

4. In the course of enquiry into the complaint, the Complainant and the OP has filed their affidavit reproducing what they have stated in their respective complaint and objection. Both have filed written arguments. Both parties have produced documents which were marked. We have heard the arguments and gone through the oral and documentary evidence scrupulously and posted the case for order.  

 

5. Based on the above materials, the following points arise for our consideration;  

 

 

1. Whether the Complainant has proved that there is deficiency in service on the part of the OP, if so, whether he entitled for the relief sought for?

 

2.  What order?

 

6. Our findings on the above points are as under:

 

Point No.1:  In the Affirmative

Point No.2:  As per the order below

 

REASONS

 

7. Point No.1: On perusal of the pleadings, objection, evidence and documents of both the parties, it is an admitted fact that, the Complainant had agreed to purchase the “Country Vacations International Holiday Club Membership” from OP and paid the amount of Rs.40,000/- through his credit card as per Ex-A1 & A3 on 02.07.14.  The complainant submitted that, OP has not given assured offer and not given certificate, payment receipt.  Hence complainant wanted to cancel the membership and requested the OP on several times to return the amount, till today OP has not refunded the amount.

 

8. OP submitted that, he has refunded the amount of Rs.40,000/- on 17.10.2014 to the complainant’s account.  To substantiate his contention OP has produced statement of account/Ex-B8.  To rebut the evidence of the OP, the complainant has produced his credit account statement and S.B account statement vide credit account No.524368XXXX1306 and S.B Account No.00531140106269, to prove that the amount of Rs.40,000/- is not been credited to his account.

 

9. Admittedly the complainant has produced receipt dated 02.07.2014/Ex-A3 an amount of Rs.40,000/- has been deducted from the complainant’s credit card.  Further by written statement dated 01.08.2019 the complainant has produced the credit card statement issued by the Bank.  The submission made by OP that they have deposited back the amount to the complainant’s account cannot be accepted.  Since the statement of S.B Account No.00531140106269 and credit card account No.524368XXXX1306 shows that no amount has been credited to his account on 17.10.2014 or thereafter.  Further Ex-B8 furnished by OP is an account statement pertaining to account No.12688630000168.  Though there is an entry on 17.10.2014 the same cannot be accepted as it does not shows that by the said transaction on 17.10.2014 the amount of Rs.40,000/- has been credited to the complainant’s account.  Hence on the aforesaid discussions made hitherto we hold that, there is a deficiency of service on the part of OP by not transferring the amount to the complainant account as agreed by OP.  Hence OP is directed to refund amount of Rs.40,000/- along with interest @ 9% p.a from the date of filing of this complaint till the date of realization together with litigation cost of Rs.5,000/-.  Accordingly, we answered the point no.1 in the affirmative.

 

10. Point no.2: In the result, for the foregoing reasons, we proceed to pass the following order.

 

ORDER

 

The complaint filed by the Complainant is allowed in part.

 

OP is directed to refund an amount of Rs.40,000/- to the complainant together with interest @ 9% p.a from the date of filing of this complaint till the date of realization.  Further OP is directed to pay litigation cost of Rs.5,000/-.

 

OP shall comply the said order within four weeks from the date of receipt of the order.

 

          Supply free copy of this order to both parties. 

 

(Dictated to the Stenographer, transcribed and typed by her/him, corrected and then pronounced by us in the Open Forum on this, the 13^th day of August 2019)

 

 

(ROOPA.N.R)       MEMBER

(PRATHIBHA.R.K)    PRESIDENT

 

 

 

1. Witness examined on behalf of the complainant/s by way of affidavit:

 

Sri.Rajesh.K, who being the Complainant was examined. 

 

Copies of Documents produced on behalf of Complainant/s:

 

Ex-A1	Purchase agreement dtd.02.07.14
Ex-A2	Holiday gift voucher
Ex-A3	HDFC bank credit card bills
Ex-A4	Cancelation mail to OP dtd.03.07.14
Ex-A5	DTDC courier bill
Ex-A6	Postal receipt
Doc.1	The alive profile page of the Complainant on OP website
Doc.2	3 months bank statements
Doc.3	Message to give back the due amount

 

1. Witness examined on behalf of the OP/s by way of affidavit:

 

Sri.Girish Kumar V.N, who being the Manager of OP was examined. 

 

 

Copies of Documents produced on behalf of OP/s:

 

Ex-B1	Purchase agreement dtd.02.07.14
Ex-B2	Button up confirmation of member
Ex-B3	Gift voucher
Ex-B4	Membership card
Ex-B5	Worksheet
Ex-B6	Refund of the amount dtd.08.08.16, 30.07.16
Ex-B7	Confirmation email dtd.22.01.15
Ex-B8	Bank statement of OP

 

 

 

(ROOPA.N.R)       MEMBER

(PRATHIBHA.R.K)     PRESIDENT

 

 

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