Chandigarh

DF-II

CC/313/2021

Sh. Jaskirat Singh Dullet - Complainant(s)

Versus

Chandigarh Golf Club - Opp.Party(s)

Sandeep Bhardwaj adv

30 Jun 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II

U.T. CHANDIGARH

 

 

Consumer Complaint No.	:	313/2021
Date of Institution	:	21.05.2021
Date of Decision	:	30.06.2022

 

                     

            

 

 

Sh.Jaskirat Singh Dullet s/o Sh.Amarjit Singh Dullet r/o House No.6181, Modern Housing Complex, Manimajra, UT, Chandigarh

                 ...  Complainant.

Versus

Chandigarh Golf Club through its President /Managing Committee, Sector 6, Chandigarh.

 

…. Opposite Party.

 

BEFORE:
	SHRI. S.K.SARDANA,	PRESIDING MEMBER
	SHRI B.M.SHARMA	MEMBER
Argued by:-
	Sh.Pranab Bansal, Adv. Proxy for Sh.Sandeep Bhardwaj, Adv. for the complainant
	OP exparte.

 

 

PER B.M.SHARMA, MEMBER

1.     Briefly stated, the facts of case as alleged by the complainant are that the OP-Club is governed by the Memorandum of Association and Rules and Regulations and by the bylaws.  The complainant was granted ‘student membership’ in year 2001 (Annexure C-4), which was terminated in the year 2007 as  he fulfilled the criteria to become a Green Card Member as he was playing at a handicap of less than 6 and accordingly, was issued Green Card Members(Annexure C-5). According to the complainant, he  was entitled  to the permanent membership of the OP-Club including the voting rights as per Clause 10 of the byelaws 2020 as he is currently playing at a handicap of 7 which is much less then as prescribed in Clause 10. Vide letter dated 16.11.2017 (Annexure C-7), he was required to come present at Chandigarh Golf Club for taking the golf proficiency test as he had already figured in the seniority roll and was eligible for being granted permanent membership. However, he could not take the test and wrote an e-mail to the OP on 24.11.2017 requesting for a new date for golf proficiency test.  It has further been averred that despite his repeated requests, he was not being granted the permanent membership of the club and always shunned away by giving one lame excuse or another.  He also submitted a detailed representation dated 22.03.2019 (Annexure C-9) in this regard. Finally, he got served a legal notice dated 01.07.2020 (Annexure C-10 (Colly.) upon the OP but to no effect.  Alleging that the aforesaid acts of omission and commission on the part of the OPs amount to deficiency in service and unfair trade practice, the complainant has filed the instant complaint. 
2.     Despite due service through speed post, the Opposite Party failed to put in appearance and as a result thereof it was ordered to be proceeded against exparte vide order dated 18.02.2022.
3.     We have heard the Counsel for the complainant and have gone through the documents on record.
4.     After thorough perusal of the documentary evidence on record especially the e-mail dated 24.11.2017 (Annexure C-8), it is evident that due to the National Shooting Championship at New Delhi, from 22^nd November to 25^th November, the complainant could not appear before the Screening Sub Committee of the OP for his Golf Proficiency Test, which was to be conducted on 22.11.2017 by the OP to ascertain his seniority in the handicap list.   Subsequently, he made repeated requests to the OP for a new date for Golf Proficiency Test, but the said request has not been acceded to by the OP so far.
5.     Keeping in view the facts and circumstances of the present case and the principles of natural justice, we are of the considered view that the complainant should have been afforded an opportunity for his Golf Proficiency Test by the OP.
6.     For the reasons recorded above, the complaint is disposed of with a direction to the OP to conduct Golf Proficiency Test of the complainant and thereafter to assess his eligibility for permanent membership as per the applicable rules/regulations within a period of three months from the date of receipt of the certified copy of this order.
7.     Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

 

Announced 30/06/2022
	Sd/- (S.K.SARDANA) PRESIDING MEMBER
	Sd/-
	(B.M.SHARMA) MEMBER