Chandigarh

DF-II

CC/419/2018

Captain M.P. Singh - Complainant(s)

Versus

Lake Club - Opp.Party(s)

Amarbir Dhaliwal Adv.

10 Jan 2022

ORDER

 

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION-II, U.T. CHANDIGARH

 

Consumer Complaint  No	:	419 of 2018
Date  of  Institution	:	30.07.2018
Date   of   Decision	:	10.01.2022

 

 

 

 

 

Captain M. P. Singh s/o Late Sh.Major Singh, R/o Hundal Farm, I.T. Park Road, Kishangarh-1, Chandigarh.

             …..Complainant

 

Versus

1]  Lake Club, Now Chandigarh Lake Sports Complex, Sector 1, Chandigarh 160001 through General Manager

2]  Chandigarh Sports Council, Udyan Path, Hockey Stadium, Sector 42, Chandigarh through its Joint Secretary. 

     ….. Opposite Parties 

 

BEFORE:  SH.RAJAN DEWAN             PRESIDENT

        

                                SH.B.M.SHARMA                    MEMBER                         

 

 

For Complainant :  Sh.Amarbir Dhaliwal, Advocate

For OP (s)        :  Sh.Mayank Sharma, Advocate

 

 

PER B.M.SHARMA, MEMBER

 

         Concisely put, the complainant took Life Time Membership of OP No.1 before the year 2000 by paying huge & hefty fee of Rs.10,000/- to avail & enjoy various facilities provided by the Club (Ann.C-1) and accordingly, he was allotted Life Membership No.357 by OPs. It is stated that the complainant was not supposed to pay any other maintenance or subscription charges to the Ops in lieu of the Membership as per the rules.  It is also stated that thereafter, the nomenclature of the Lake Club was changed to Lake Sports Complex by OPs vide Notice dated 14.12.2006 without informing the complainant.  It is submitted that no demand was ever raised by the OPs up-till the year 2016 in lieu of any maintenance charges or any other charges, but to the surprise of complainant, he has been issued demand notices dated 4.10.2016 and 15.12.2016 (Ann.c-2 & C-3) by the OPs, whereas the complainant is not suppose to pay even a penny to OPs in lieu of his Membership as he had availed life membership of OP No.1 after paying one-time huge & hefty fee for whole life. It is also submitted that the complainant requested the OPs to recall the demand notices as he is not liable to pay the said amount, but they did not pay any heed.  The complainant also demanded the rules from OPs, but they supplied irrelevant information.  It is pleaded that the OPs illegally terminated membership of the complainant vide letter dated 1.6.2017 (Ann.C-7).  Hence, this complaint has been filed alleging the said act of OPs as gross deficiency in service and unfair trade practice.

 

2]       The OPs have filed joint reply and while admitting the membership of the complainant, denied that the complainant was not supposed to pay any maintenance and subscription charges to the OPs in lieu of membership as per the rules.  It is stated that Rs.10,000/- had been  paid by the complainant towards One time Subscription Fee only for becoming the Member of the Lake Sports complex and even the Life time member of the Lake Sports Complex had to pay maintenance charges of the Lake Sports Complex.  It is denied that the complainant paid any amount under protest.  It is submitted that the complainant had continuously paid the subscription fee from Jan., 2002 to April, 2015 but thereafter, the same had intentionally stopped making the subscription fee on the ground that he had availed a Life Membership in which nothing was required to pay, whereas the complainant have been paying the due subscription fee continuously for 14 years without any protest. It is submitted that once the complainant is fully aware with the fact that he has to pay the maintenance fee of the Lake Sports Complex on monthly basis, which he too paid regularly earlier, then now he cannot run away from his liability by merely alleging that the nomenclature had been changed.  It is also submitted that before terminating the Membership of the complainant, he had been informed independently by the OPs vide notices dated 23.8.2016, 4.10.2016 and 15.12.2016 (Ann.OP-1/8) and when the complainant failed to clear his outstanding dues of Rs.6638/-  due as on May, 2017, despite ample opportunities, therefore, his Membership was terminated vide notice dated 1.6.2017. Denying rest of the allegations and pleading no deficiency in service, the OPs have prayed for dismissal of the complaint.

3]       Rejoinder has also been filed by the complainant controverting the assertions of OPs.

4]       Parties led evidence in support of their contention.

5]       We have heard the Ld.Counsel for the parties and have gone through entire documents on record including written arguments.

6]       It is established from record Ann.C-1 and also an admitted case that the complainant is having Life Membership of OP Club.  The Life Membership, as its title denotes, is for life and cannot be cancelled.  So the act of the Opposite Parties in cancelling the Life Membership of complainant is wrong & illegal. Therefore, the Opposite Parties are directed to restore the Life Membership of the complainant with immediate effect.

7]       We are of the considered view that in case some additional infrastructure facilities have been created & provided by the Opposite Parties for which other Life Members are also being charged, then the amount as per the benchmark applicable to other Life Members, may be charged from the complainant.  However, the monthly maintenance charges will not be charged from the complainant for the period his Life Membership remained terminated by the Opposite Parties till its date of restoration, as per this order.  Further the complainant will continue to pay the monthly charges, as per the rules & norms of Opposite Parties applicable to their other Life Members for availing special/additional facilities.    

8]       In the light of above observations, the complaint stands partly allowed with directions to the Opposite Parties to restore the Life Membership of the complainant with immediate effect.  However, the complainant shall be liable to pay charges to the Opposite Parties, as per observation made in the preceding paragraph.  There is no order as to cost and compensation.

         The above said order shall be complied with by the Opposite Party within a period of 30 days from the date of receipt of its copy, failing which the complainant shall be at liberty to initiate execution proceedings, as per law.

        The certified copy of this order be sent to the parties free of charge, after which the file be consigned.

Announced                                                             

10^th Jan., 2022                                                                                                                                                 sd/-

                                      (RAJAN DEWAN)

PRESIDENT

 

 

 

Sd/-

 (B.M.SHARMA)

MEMBER