Dated:13.01.2022

ORDER

BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER

1. This is an appeal filed by complainant in CC/410/2017 on the file of III Additional District Consumer Disputes Redressal Forum, Bengaluru aggrieved by the order dated 05.12.2020.

2. Commission examined grounds of appeal, impugned order and appeal papers.

3. The appellant/complainant raised Consumer Complaint on 17.03.2017 against Manager, Augusta Club Brigade Gardenia, J.P.Nagar, 8^th Phase, Bengaluru-560078 with a prayer to uphold his right for substitution of add-on member any time during tenure of his membership as per Bye-laws at the time of purchase of membership, to direct the club to follow a democratic and transparent process in tune with the process of natural justice in managing the club activities and to award a compensation for the mental agony and harassment Rs.4,00,000/- and award for the cost of litigation Rs.40,000/-.  This complaint was contested by the OP and the Forum below held an enquiry by formulating as many as 05 points of which point no.1 - whether complaint is bad for non-joinder of necessary party namely Brigade Enterprises Limited managed by Brigade Hospitality Services Limited.  The Second point is whether complaint is barred by limitation, the third point would be whether the complainant proves deficiency of service on the part of OP and the remaining two points are consequential aiding points no.1 to 3.  Accordingly, Commission below recorded affirmative findings on point no.1 and 2. In otherwords, held complaint is barred for non-joinder of necessary party namely Brigade Hospitality Services Limited/Brigade Enterprises Limited, is held necessary party and the complainant has failed to implead the said party and also held complaint is barred by limitation.

4. The Commission below in Para-33 held – “Even assuming for the sake of arguments that the amendment is only for the administrative purpose.  But the complaint has not been filed within 2 years from 05^th March 2013.  It is relevant to note that the complainant has not whispered any cause of action in his complaint and he has not whispered deficiency of service on the part of Brigade Enterprises Private Limited BEPL which is the owner of Augusta Club and managed by Brigade Hospitality Services Limited.  Admittedly the preamble with regard to the ownership and management of the Augusta Club not has been amended.” Accordingly, this complaint came to be dismissed as barred by limitation, for non-joinder of necessary party and on merits, directing parties to bear their own costs, does not call for any interference for the grounds of appeal.  Hence, proceed to dismiss the appeal with no order as to cost.

5. Send a copy of this Order to the District Commission and parties to the appeal.

        Lady Member                             Judicial Member     

*GGH*