Dated:01.12.2022

ORDER

BY Mr. K. B. SANGANNANAVAR: Pri. Dist. & Session Judge (R)- JUDICIAL MEMBER

1. This is an appeal filed by complainant in CC/817/2017 on the file of Bangalore Urban II Additional District Consumer Disputes Redressal Forum aggrieved by the order dated 27.06.2019.

2. The Commission examined grounds of appeal, impugned order, appeal papers and heard learned counsels.

3. It is not in dispute that complainant had paid Rs.7,200/- on 30.11.2015 for yearly membership till December 2016.  Learned counsel for OP/respondent submits that it covers the period commencing from 30.12.2015 to 30.12.2016.  It is also not in dispute that he has paid Rs.6,500/- to avail benefit for the period commencing from 30.12.2016 to 30.12.2017.  Appellant submits that Forum has failed to consider that the membership card was for the period from 30.12.2016 to 30.12.2017 was not at all extended to him by carry over the benefit extended from the period covering 30.12.2015 to 30.12.2016.  We examined the impugned order and in our view, the Forum below rightly held as per agreed rules, such benefit cannot be carried over to next year for simple reason that he had paid subscription fee of Rs.6,500/-.  The complainant had raised consumer complaint even without seeking cancellation of subscription fee.  Learned counsel for OP/respondent submits that amount paid at Rs.6,500/- is not refundable.  In our view, considering the facts and circumstance of the case, it would be just and proper for the OP to refund Rs.6,500/- alone in favor of the complainant/appellant.  Accordingly, Commission proceed to allow the appeal in part and directed OP/respondent to refund Rs.6,500/- in favour of complainant within 60 days.

4. Send a copy of this Order to the District Commission and parties to the appeal.

        Lady Member                             Judicial Member     

*GGH*