(1.) The opposite party is the appellant. The complainant lured by the assertion given by the opposite party stating that they would commence the club facilities by December 1996 became a member of the club by paying a total sum of Rs.88,000/- and a membership card was also issued to him. But the opposite party did not commence the club till the date of the complaint. It amounts to deficiency in service. Hence, this complaint was laid claiming the refund of Rs.88,000/- with interest at 12% along with a sum of Rs.50,000/- as compensation and cost of Rs.1,000/-.
(2.) The opposite party though appeared by Lawyer did not file any version and when the case was called, the opposite party was absent and the Counsel was also absent. Therefore, the opposite party was set ex parte and the lower Forum accepted the complaint and directed the opposite party to refund of Rs.88,000/- with interest at 12% and also to pay compensation of Rs.10,000/- with cost of Rs.1,000/-.
(3.) Aggrieved by the same, the opposite party has now preferred this appeal.