Date of Filing : 26.03.2011
Date of Order : 22.09.2011
BEFORE THE II ADDITIONAL DISTRICT CONSUMER
DISPUTES REDRESSAL FORUM,
SESHADRIPURAM, BANGALORE – 560 020
Dated 22nd SEPTEMBER 2011
PRESENT
Sri. S.S. NAGARALE, B.A., LL.B. (SPL) …. President
Smt. D. LEELAVATHI, M.A., LL.B. …. Member
Sri. BALAKRISHNA V. MASALI, B.A., LL.B.(SPL) …. Member
COMPLAINT NO. 608 / 2011
Devashish Kumar,
AF-05, Ittina Neela Apartments,
Near Gold Coins Club,
Sampige Nagar, Huskur Gate,
Bangalore – 560 100. ……. Complainant
V/s.
1. Highland Holidays,
Manipal Centre, No. 47, Dickenson Road,
Rear Wing, 5th Mezzanine Floor,
Bangalore – 560 042.
By Ms. Tilaga (Sales Manager),
2. Highland Holidays,
Head Office:
Cisons Complex, 150, Monteith Road,
5th Floor, Egmore,
Chennai – 600 008.
By Mr. Sharon (Corp. Executive) …… Opposite Parties
ORDER
(By the President Sri. S.S. Nagarale)
This Complaint is filed by the Complainant u/s. 12 of the Consumer Protection Act, 1986.
Brief facts of the case are that Complainant had bought 3 years Holiday Package from OP by making payment of Rs.16,500/- on January 2007 (it should be January 2008). He verbally informed to rent out holidays to anyone. After one year he called OP to rent out Holiday package so that he can get yearly Rs.10,000/- as promised. But, there was no response from the Highland Executives. After 3 years, Complainant never received any money from the OP. Complainant stated that he has filed a case for false promise and non delivery of the service. OP simply cheating and playing with their hard earned money. Therefore, Complainant prayed that OP be directed to refund the amount with interest.
2. OP has filed version admitting that complainant has purchased Holiday Package in January 2008 by paying Rs.16,500/- which was valid for a period of 3 years and the same is expired in the month of January 2011. Company never took responsibility of renting out Holidays nor promised the Complainant of giving Rs.10,000/- rent. Complainant never visited the office. After expiry of the membership in January 2011, Complainant has filed the Complaint in March 2011. Hence, the same is barred. There is no cause of action to file the Complaint. Therefore, OP prayed to dismiss the Complaint.
3. Affidavit evidence has been filed. Parties have submitted their written arguments. I have gone through the pleadings of the parties, affidavit evidence and the written arguments submitted by the parties.
4. Points for consideration are as under:
(1) Whether the Complainant has proved deficiency of service on the part of OP?
(2) Whether the Complainant is entitled for any relief ?
5. Complainant has produced Receipts dtd. 01.01.2008 & 02.01.2008 issued by the OP. As per these Receipts, Complainant has paid Rs.500/- & Rs.16,000/- respectively. In this way Complainant has paid total amount of Rs.16,500/- to the OP. As regards payment is concerned, there is no dispute. As per the averments made by the Complainant, it was 3 years Holiday Package from the OP. The scheme offered by the OP has expired in the month of January 2011. During the validity period or contract period, Complainant has not taken any steps against OP. He has not given any notice or complaint against OP making allegations of deficiency of service. Complainant has kept quite for 3 years and after expiry of the contract period he has filed the Complaint on 26.03.2011. Therefore, Complaint is not at all maintainable.
6. Secondly, Complainant submitted that he has verbally informed the OP to rent out holidays to anyone since he was unable to do so. It is the defence of the OP that there was no responsibility or obligation on the part of OP to rent out Holiday to any other person and there is no such contract or agreement between the parties. So, under these circumstances, how can the Complainant fix the responsibility on the OP for not renting out the holidays. Complainant has not proved that there was obligation or duty cast upon the OP to rent out the holidays to anyone and to pay the rent. OP has relied upon the judgement of Hon’ble State Commission, Bangalore, in similar matter in Appeal No. 575/2008 decided on 23.07.2008 between Venkataraghavan.G.N. v/s. M/s. Highland Holiday Home Pvt. Ltd. Hon’ble State Commission has dismissed the Appeal of the Complainant and confirmed the order of the District Forum wherein similar complaints had been dismissed by the District Forum. In view of the Order of the Hon’ble State Commission passed in similar matters, the same is binding on this Forum. The present complaint also deserves to be dismissed since the Complainant has failed to prove any deficiency of service on the part of the OP. In the result, I proceed to pass the following:
ORDER
Complaint is dismissed.
Send copy of this Order to both the parties free of cost immediately.
Pronounced in the Open Forum on this 22nd day of September 2011.
Order accordingly
PRESIDENT
We concur the above findings
MEMBER MEMBER
SSS
