Chandigarh

DF-II

CC/364/2015

Ravinder Singh - Complainant(s)

Versus

Manager lake Sports Complex - Opp.Party(s)

In Person

30 Sep 2015

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-II

U.T. CHANDIGARH

 

Consumer Complaint No.	:	364/2015
Date of Institution	:	14.07.2015
Date of Decision	:	30/09/2015

 

                       

                            

Ravinder Singh s/o Sh.Raghbir Singh r/o House No.4288/B, Sector 46-D, Chandigarh

                   ...  Complainant.

Versus

Manager, Lake Sports Complex, Chandigarh

…. Opposite Party.

 

 

BEFORE:   SHRI RAJAN DEWAN, PRESIDENT

SHRI JASWINDER SINGH SIDHU, MEMBER

 

Argued by: Complainant in person.

Sh.Shekhar Verma and Ms.Rupali Shekhar Verma, Counsel for the OP.

 

PER RAJAN DEWAN, PRESIDENT

1.      In brief, the case of the complainant is that he approached the OP to collect a form to become its member but instead of providing the same, he was told that first the Manager of the OP-Club will interview him before issuing the membership form. It has been averred that he has been failed to understand how a person could be interviewed when he had just gone there to collect a form and who has authorized the manager to interview a person before issuing a membership form or is there exists any written instructions to the Manager in this regard from some competent authority.  The complainant enquired about the eligibility of a person to become the member of the lake club he was told that a person whose education qualification is graduate could only become the member of the club but they concealed the fact that a resident of Chandigarh or an Income Tax Payee could also become the member of the OP which he came to know through the information sought under the RTI Act, 2005 from the OP.  It has been asserted that the authorities/manager at the Lake Sports Complex, Chandigarh is treating the complex as their private property despite it being a public property by denying him even the membership form and in a way violating his right of hiring public services.  Alleging that the aforesaid acts amount to deficiency in service and unfair trade practice on the part of the opposite parties, the complainant has filed the instant complaint.
2.      The OP filed its written statement stating therein the membership to the Lake Sports Complex is subject to the norms framed by Chandigarh Sports Council and its membership could be claimed as a matter of right.  It has further been stated that the complainant has not even pleaded in the compliant that he is eligible in terms of the membership norms of the Lake Sports Complex.  A copy of the notice dated 14.12.2006 defining the norms for the membership of the Lake Sports Complex is Annexure R-1.  In terms of well defined “application procedure’ for membership of the Lake Sports Complex, any person desirous of obtaining a form for the purpose of membership has to follow the prescribed procedure.   It has further been stated that the queries put forwarded through RTI applications filed by the complainant regarding the eligibility criteria for becoming a member of Lake Sports Complex have already been duly answered vide RTI replies dated 29.04.2015 and 16.06.2014. According to the OP, as per the notice issued on 14.12.2006 by the General House of Chandigarh Sports Council any graduate person of 21 years or above who is resident of UT Chandigarh ‘and’ is either himself an income tax payer or is a spouse; parent or child of an income tax payer may be enrolled as user(adult). The remaining allegations were denied, being false. Pleading that there is no deficiency in service on its part, a prayer for dismissal of the complaint has been made.
3.      We have heard the complainant in person, learned counsel for the OP and have gone through the documents on record.
4.      After going through the entire evidence on record, we are of the considered view that the complaint is liable to be dismissed for the reasons recorded hereinafter.   The plea of the complainant that he was told that the Manager of the OP-Club would first interview him before issuing the membership form is bereft of any merit in the absence of any documentary evidence in this regard.
5.      The next question to be determined in this case as to whether the complainant is eligible for becoming the member of the Lake Sports Complex as defined under the terms of the notice dated 14.12.2006 issued by the Secretary, Chandigarh Sports Council, Chandigarh.  To appreciate this controversy, we consider it appropriate to refer the term “Users  (Adult) as defined in the notice dated 14.12.2006 issued by the Secretary, Chandigarh Sports Council, Chandigarh which is extracted hereunder:-

     a(ii).    Users (Adult) Any graduate aged 21 years or above who is a resident of U.T. Chandigarh and is either himself an income tax payer or is spouse, parent or child of an income tax payer, may be enrolled as User (Adult). The Users(Adult) shall be entitled to use only such sports facilities in respect of which they pay the UC at the prescribed rates”.

6.      A bare perusal of the aforesaid term clearly shows that any graduate aged 21 years or above who is a resident of U.T. Chandigarh and is either himself an income tax payer or his spouse, parent or child is an income tax payer, could be enrolled as User (Adult) in Lake Sports Complex.
7.      In reply to the RTI applications of the complainant, the OP vide its letters dated 29.04.2015 and 16.06.2014 have clearly mentioned that any user adult having PAN, residence proof of Chandigarh and graduation certificate is entitled for the membership for the Lake Sports Complex. Even the complainant was also provided the copy of the notice dated 14.12.2006 (Annexure R-1) issued by the Secretary, Chandigarh Sports Council, Chandigarh. However, the complainant has not been able to place on record any documentary and reliable evidence to show that he is a graduate and is an income tax payee or that he fulfills the eligibility criteria as envisaged in the notice dated 14.12.2006.  
8.      In this view of the matter, we are of the considered view that no direction can be issued to the OP to issue the membership to a person who does not fulfill the criteria as laid down in the notice dated 14.12.2006 (Annexure R-1) issued by the Secretary, Chandigarh Sports Council, Chandigarh. The complainant has, thus, miserably failed to make out a case of deficiency in service on the part of the OP.
9.      For the reasons recorded above, finding the complaint to be devoid of any merit and substance, the same is hereby dismissed with no order as to costs.
10.      Certified copy of this order be communicated to the parties, free of charge. After compliance file be consigned to record room.

Announced

30/09/2015

Sd/-

(RAJAN DEWAN)

PRESIDENT

 

Sd/-

(JASWINDER SINGH SIDHU)

MEMBER