Complainant : Self
For the Opposite Party : Mr.Nilesh Das, Advocate
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Per :- Mr. J. L. Deshpande, President Place : Bandra
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::::: JUDGMENT :::::
Facts giving rise to this complaint may be stated, in brief, as follows :
The Opposite party is a Company which gives services to its members at the Tourists Centres and Resorts. The Complainant is a member of the Opposite party and has paid required subscription to the Opposite party. The Complainant and the Opposite party signed Membership Agreement.
2 It is the case of the Complainant that the Opposite party did not issue Zulu Tickets and did not allot shares of the Opposite party –Company. According to the Complainant these benefits were to be given by the Opposite party to the Complainant under the Membership Agreement. The Complainant has terminated the agreement and has sought refund of subscription amount in sum of Rs.31,500/- with interest thereon.
3 The Opposite party contested the complaint by filing written version of defence and stated that the Opposite party had never agreed to provide facility of Zulu Club and allotment of the shares of the Opposite party –Company. The Opposite party has no contact or tie-up with the Zulu Club. The Opposite party is a Private Limited Company and it cannot issue shares to its members. Thus the Opposite party has denied deficiency in service.
4 The Complainant filed rejoinder to the written version of defence. Both the sides filed their affidavits. We have heard learned advocates for both the sides.
5 Following points arises for our determination and our findings thereon :-
Nos. | Points | Findings |
1 | Whether the Complainant has proved that the Opposite party is guilty of deficiency in service ? | No |
2 | What order ? | Complaint stands dismissed. |
REASONS FOR FINDINGS :-
6 Along with the complaint, the Complainant has produced copy of the Declaration executed by the Complainant as well as copy of Terms and Conditions of the Membership. In the entire agreement, there is no mention of tie-up with Zulu Club. Thus, there was no undertaking from the Opposite party to provide accommodation to the Complainant at Zulu Club. Under clause no.14 was Terms and Conditions of the Membership, the Opposite party had reserved rights to include or exclude of any Club.
7 The Opposite party has claimed that it has no tie-up with Zulu Club. Name of Zulu Club, does not appear in the Membership Agreement. Therefore, the Opposite party is not guilty of deficiency in service on account of giving Membership of Zulu Club to the Complainant.
8 The Opposite party is a Private Limited Company. It is not mentioned in the Membership Agreement that the Opposite party shall issue share to the Complainant. Thus the claim made by the Complainant is beyond and besides the Membership Agreement.
We, therefore, proceed to pass the following order.
::::: ORDER :::::
1 Complaint stands dismissed with no order as to costs.
2 Certified copies of this order to be furnished to both the parties, free of costs, as per rule.
