Date of Filing: 24.05.2010<br /> Date of Order: 21.07.2010<br /> <br /> BEFORE THE II ADDITIONAL DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, SESHADRIPURAM BANGALORE-20<br /> <br /> Dated: 21ST DAY OF JULY 2010<br /> <br /> PRESENT<br /> <br /> <br /> <br /> Sri S.S. NAGARALE, B.A, LL.B. (SPL.), President.<br /> Smt. D. LEELAVATHI, M.A.LL.B, Member.<br /> Sri BALAKRISHNA. V. MASALI, B.A, LL.B. (SPL.), Member.<br /> <br /> COMPLAINT NO: 1181 OF 2010<br /> <br /> 1.Mr.Shivashankarachari.K.<br /> 2.Smt. Uma Maheshwari,<br /> W/o Mr. Shivashankarachari.K<br /> Both are R/at No.11, 5th Main,<br /> 5th A Cross, Bahubalinagar,<br /> Jalahalli village,<br /> Bangalore. Complainants<br /> <br /> <br /> V/S<br /> <br /> 1.M/s. Country Vacations India Pvt., Ltd.,<br /> (A unit of Country Club India Ltd.,)<br /> Regional office at No.273, 1st Main Road,<br /> Defence Colony, HAL 2nd Stage,<br /> Bangalore-38.<br /> <br /> 2.M/s. Country Vacations India Pvt., Ltd.,<br /> (A unit of Country Club India Ltd.,)<br /> No.48, S&S Corner, Next to Kamath Hotel,<br /> 1st Floor, Shivajinagr, Bangalore G.P.O.<br /> Bangalore-1.<br /> Rep. by its Chairman and MD<br /> <br /> 3.M/s. Country Vacations India Pvt., Ltd., <br /> (A unit of Country Club India Ltd.,)<br /> No.4, 3rd Floor, S.V.Towers, Krishnanagar<br /> Industrial Layout, DRC Post,Hosur Road,<br /> Koramangala, Bangalore-29.<br /> Rep. by its Chaiurman & MD Opposite parties<br /> <br /> ORDER<br /> <br /> By the President Sri S.S. Nagarale<br /> <br /> This is a complaint filed under Section 12 of the Consumer Protection Act, 1986.<br /> The brief facts of the case are as under, the complainant No.1 is a software engineer and the complainant No.2 is his wife. The complainant No.1 &2 are jointly became members of the opposite parties club by paying Rs.75,000/-. The complainants are promised complementary plots near Devanahalli International Airport. The complainants opted for the membership of the club for the reason that they will own a plot somewhere near Bangalore. The opposite parties are not bothering to reply to the phone calls. The complainants are fed up with the unprofessional attitude willful neglect and negligence executed by the opposite parties. The complainants wrote a letter requesting the opposite parties to cancel the membership and refund the amount. The opposite parties have not responded to request of the complainants. Hence, the complaint seeking refund of Rs.75,000/-pay to the opposite parties with compensation and interest. <br /> 2. After admitting the complainant notice was sent to the opposite parties by RPAD. Notice was served on all the opposite parties. When the case was set for appearance of the opposite parties on 29-6-2010 no body appeared on behalf of the opposite parties. Therefore, the opposite parties were set ex-parte. Perused the complaints and documents and heard the arguments of the learned advocate of the complainant. The complainant has produced receipt passed by the opposite parties for Rs.75,000/- it is dated 30-6-2009. The complainant has produced particulars of vacation ownership and membership card of opposite parties club. The complainant has produced temporary land allotment letter. In this letter opposite parties stated that the complainant is entitled to get a complementary plot in a Vedicspa at Andhra Pradesh. The complainants have stated that they are not interested to have a plot at Andhra Pradesh. As per the assurance and commitment the opposite parties had given promise that plot will be allotted near Devanahalli International Airport. Therefore, the opposite parties is not honored the commitment. The complainant has sent a cancellation letter to the opposite parties on 3-10-2009, copy of the letter is produced. The complainants do not want to continue their membership with the opposite parties club. Therefore, they demanded refund of amount. The case put up by the complainants has gone unchallenged. The opposite parties though served with notice not appeared and contest with the matter it appears that the opposite parties have no defense to make. That is why they have chosen not to contest the matter. Therefore, taking into consideration of all the facts and documents it is fit case to allow refund. In the result, I proceed to pass the following:<br /> ORDER<br /> <br /> 7. The complaint is allowed. The Opposite parties are directed to refund Rs.75,000/- to the complainants within 60 days from the date of this order. In the event of non compliance of the order the said amount carries interest at 9% p.a. from the date of order till payment / realization. <br /> 8. The complainants is also entitled for Rs.1,000/- as cost of present proceedings from the opposite parties. <br /> 9. Send the copy of this Order to both the parties free of costs immediately. <br /> 10. Pronounced in the Open Forum on this 21ST DAY OF JUlY 2010. <br /> Order accordingly,<br /> <br /> PRESIDENT<br /> We concur the above findings. <br /> <br /> MEMBER MEMBER <br /> <br />