Order No.  17  dt.  06/11/2017

       The case of the complainant in brief is that the complainant purchased a membership from the o.p. for a consideration of Rs.51,000/-. At the time of selling the membership the executive of the o.p. offered the complainant with many services. The complainant was allured to avail of the facility of at the place belonging to the o.p. for 8 days and 7 nights in every year and a maintenance charge of Rs. 8,500/- is to be paid by the complainant for every tour. The contents of the pre-printed agreement could not be read out and the complainant lost the confidence and trust upon the o.p. The complainant in order to show that he paid Rs. 51,000/- an agreement has been filed to that effect. The complainant was provided with a money receipt showing payment of Rs. 25,000/- but no receipt was provided for the cash amount paid by him to the tune of Rs. 26,000/-. The complainant demanded the said receipt but the o.p. did not entertain the claim of the complainant. On the basis of the said fact the complainant filed this case for direction upon the o.p. for issuance of the money receipt for Rs. 26,000/- which was paid to the o.p. by cash on 27/11/2014. The complainant also prayed for compensation of Rs. 20,000/- and litigation cost Rs. 25,000/-.

            O.p. contested the case by filing w/v and denied all the material allegations of the complaint. It was stated that the complainant being impressed by the venues and resorts and after being completely satisfied with the norms, rules terms and conditions of the o.p. wilfully signed the membership purchase agreement on 24/11/2014 for a total purchase price of Rs. 1,65,000/- out of which the complainant paid only Rs. 25,000/-. The o.p. provided a money receipt to the complainant of Rs. 25,000/-. The o.p. denied that the complainant paid any amount of Rs. 26,000/- and accordingly the o.p. prayed for dismissal of the case.

            On the basis of the pleadings of the respective parties following points are to be decided :-

1. Whether the complainant took the membership of the o.p. by paying Rs. 25,000/- through debit card ?
2. Whether the complainant further paid an amount of Rs.26,000/- to the o.p. by cash ?
3. Whether the complainant were allured by o.p. for providing different facilities ?
4. Whether there was any deficiency in service on the part of o.p. ?
5. Whether the complainant will be entitled to get the relief as prayed for ?

Decision with reasons :-

            All the points are taken up together for the sake of brevity and avoidance of repetition of facts.

            Ld. Lawyer for the complainant argued that the complainant purchased a membership from the o.p. for a consideration of Rs.51,000/-. At the time of selling the membership the executive of the o.p. offered the complainant with many services. The complainant was allured to avail of the facility of at the place belonging to the o.p. for 8 days and 7 nights in every year and a maintenance charge of Rs. 8,500/- is to be paid by the complainant for every tour. The contents of the pre-printed agreement could not be read out and the complainant lost the confidence and trust upon the o.p. The complainant in order to show that he paid Rs. 51,000/- an agreement has been filed to that effect. The complainant was provided with a money receipt showing payment of Rs. 25,000/- but no receipt was provided for the cash amount paid by him to the tune of Rs. 26,000/-. The complainant demanded the said receipt but the o.p. did not entertain the claim of the complainant. On the basis of the said fact the complainant filed this case for direction upon the o.p. for issuance of the money receipt for Rs. 26,000/- which was paid to the o.p. by cash on 27/11/2014. The complainant also prayed for compensation of Rs. 20,000/- and litigation cost Rs. 25,000/-.

            Ld. Lawyer for the o.p. argued that the complainant being impressed by the venues and resorts and after being completely satisfied with the norms, rules terms and conditions of the o.p. wilfully signed the membership purchase agreement on 24/11/2014 for a total purchase price of Rs. 1,65,000/- out of which the complainant paid only Rs. 25,000/-. The o.p. provided a money receipt to the complainant of Rs. 25,000/-. The o.p. denied that the complainant paid any amount of Rs. 26,000/- and accordingly the o.p. prayed for dismissal of the case.

            Considering the submissions of the respective parties it is an admitted fact that the complainant took the membership of the o.p. and from the materials on record it appears that the complainant paid Rs. 25,000/- through debit card for taking the membership from the o.p. The complainant also claimed that he paid further amount of Rs. 26,000/- by cash to the o.p. but the o.p. failed to provide the money receipt. The o.p. denied the said fact that the complainant paid the said amount. The complainant in order to corroborate the said fact that he paid the amount to the o.p., he could not bring any cogent evidence to that effect. Therefore we hold that the case filed by the complainant has got no substance and the complainant will not be entitled to get the relief as prayed for.

            Thus all the points are disposed of accordingly.

            Hence, it is ordered,

            that the case no. 244 of 2015 is dismissed on contest against the o.p. without any cost.

            Supply certified copy of this order to the parties free of cost.