Delhi

West Delhi

CC/17/544

JASPREET SINGH - Complainant(s)

Versus

JANAKPURI CLUB & ORS - Opp.Party(s)

10 Jan 2020

ORDER

CONSUMER DISPUTES REDRESSAL FORUM (WEST)-III

 

CASE NO. 544/2017

 

SH. JAPREET SINGH

S/O LATE BALWINDER SINGH

R/O - K-58, FATEH NAGAR,

NEW DELHI                                                                     ….. Complainant

 

VERSUS

JANAK PURI CLUB

PLOT NO. 17, CULTURAL COMPLEX,

DISTRICT CENTRE, JANAKPURI-110058.                         ….. Opposite Party-1

 

PRESIDENT

JANAK PURI CLUB

PLOT NO. 17, CULTURAL COMPLEX,

DISTRICT CENTRE, JANAKPURI-110058.                        ….. Opposite Party-2

 

GENERAL SECRETARY

JANAK PURI CLUB

PLOT NO. 17, CULTURAL COMPLEX,

DISTRICT CENTRE, JANAKPURI-110058.                         ….. Opposite Party-3

 

O R D E R

 

PUNEET LAMBA, MEMBER

 

The complainant has filed the present complaint against OPs under section 12 of the Consumer Protection Act, 1986. Brief facts as stated by the complainant for present disposal of the complaint are that the father of the complainant had taken membership from OP and his membership number was 1026. After the death of the complainant’s father on 28.02.1998, the same membership was transferred in the name of the complainant by the OP. The complainant was availing services of OP by paying regular annual charges as per their demand. He was enjoying the facilities of Bar, Restaurant, Party Hall, Lawns, Playing Activities like Swimming pool, Table Tennis. The complainant had also deposited monthly charges for Swimming pool for 3 persons for a sum of Rs.3000/- on 22.07.2015 and also deposited a sum of Rs.750/- on 03.05.2015 for I-card fees. It is averred that on 20.09.2015 when the complainant along with his family went to the club of OP the staff of the OP informed that he had to deposit dues from the year 2012 to 2015 and thereafter the complainant on 22.09.2015 issued a cheque number 625181 for a sum of Rs.18240/- in the favor of OP which was accepted by them. It is averred that due to some ulterior notice and bad intentions the OP never presented the cheque in their account and when the complainant on 31.12.2015 went to the club for New Year Party the staff of OP informed that membership has been terminated and cancelled and was not allowed to enter the club premises. The complainant sent legal notice to OP on 03.02.2016 to reinstate the membership but to no effect. It is averred even after cancelation on certain occasions the OP allowed complainant to avail facilities but OP failed to reinstate the membership. Hence, the present complaint for direction to OP to reinstate the membership and to retain the membership on its original position and also prayed for Rs.1,00,000/- for compensation towards mental agony and physical harassment and litigation charges.

          After notice none put in appearance on behalf of OPs and accordingly were proceeded ex-parte vide order dated 20.07.2018.

          When the complainant was asked to file evidence, the complainant has filed affidavit of evidence retreating the facts of the complaint on oath and relied on copies of receipt dated 1.09.1997, 24.04.2009, 12.01.2015, 21.05.2017, 03.05.2015, 14.03.2002, 12.06.2016 and 12.06.2017, letter dated 07.03.2009, 22.09.2015, cheque dated 22.09.2015, legal notice dated 03.02.2016, copies of brouchers of OP and one undated letter for golden opportunity sent by OP to the complainant. Written arguments also filed by complainant.

          We have heard complainant in person and have gone through the material on record carefully and thoroughly.  

          From the perusal of the records it reveals that the complainant has membership of the OP as and when the OP demanded the membership amount the complainant deposited the same. There is no document which shows that the OP has demanded pending dues from the year 2012 to 2015 however, the complainant has written the letter to the OP in this regard which shows that the complainant was ready to pay pending dues from the year 2012 to 2015 for a sum of Rs. 18,240/- and he has also issued a cheque for the same amount on 22.09.2015. As per the version of the complainant which remains unrebuted and unchallenged, the OP accepted the same cheque but to the reasons best known to them, they have not deposited the cheque and cancelled the membership of the complainant without any notice to the complainant. As the OP chose not to appear and defend its version we are left with no option except to believe the version of the complainant which is testified on oath. Hence, we are of the considered view that OP is deficient in services by cancelling the membership of the complainant without issuing notice or giving any opportunity to the complainant to defend his case.

          Keeping in view discussions and observations, we direct OP to restore the disputed membership on its actual position and allow to avail the services of OP by the complainant on paying all the dues as per the terms and conditions of OP and also we award a sum of Rs. 10,000/- (Rupees Ten Thousand Only) to the complainant for compensation towards mental agony and physical harassment and litigation charges within 45 days from the date of order failing which OP shall be liable to pay with interest @ 6% per annum from the date of filing the complaint till actual realization.

          File be consigned to Record Room.

          Copy of this Order be given as per rules.

          Pronounced on ____10th__________ January, 2020.

 

 

(PUNEET LAMBA)                    (S.S. SIDHU)                              (K.S.MOHI)

    MEMBER                                MEMBER                                PRESIDENT