Per Mr.S.R.Khanzode, Hon’ble Presiding Judicial Member
This appeal takes an exception to an order dated 07/02/2011 passed in consumer complaint no.178/2009, Mukesh Kumar V/s. The Branch In-charge, Country Vacations and another; passed by Additional District Consumer Disputes Redressal Forum, Thane (‘forum’ in short). Consumer complaint pertains to alleged deficiency in service on the part of appellant/original opponent no.2- Country Vacations for not invoking the contribution towards the membership made when the membership on its own was declined by the respondent/original complainant. It is the contention of the appellant that the membership contribution is not refundable and the membership fee on his sweet will cannot be withdrawn by the complainant. Hence there is no deficiency in service.
None present for the appellant. One employee of the appellant is present. He possess no authority. In these circumstances, we heard Ld.counsel Mr.Sandeep Kadam appearing for the respondent, who tried to support the impugned order.
In the instant case, referring to the complaint, it may be seen that as per the offer made to accept the membership of Country Club (India) Ltd., `2,25,000/- were paid either through credit card or by way of cheque. Said membership was for the period of 30 years and in lieu of said membership, by way of compliment, one plot of 2000 sq.ft. was to be offered and given to the complainant. Complainant wanted at the time of membership execution of the agreement. The complainant further decided not to go with the package and to decline the offer of membership and requested the appellant/original opponent to refund the amount of contribution paid earlier i.e. `2,25,000/- along with interest. Thereafter, this consumer complaint was filed.
Forum uphold the contention of the complainant and directed to refund the amount of `2,25,000/- along with 18% interest w.e.f.12/10/2009 and also further awarded compensation of `5,000/-. Feeling aggrieved thereby original opponent preferred this appeal.
From the statement made in the complaint itself, even though initial contribution towards the membership including `2,25,000/- was made but the complainant voluntarily declined the offer of membership and requested for refund of `2,25,000/-. Therefore, the claim of the complainant arose out of unconcluded contract and it has nothing to do with any element of hiring of service. Therefore, basically it is not a consumer dispute. Original complainant has a remedy to recover this amount but not under the Consumer Protection Act, 1986. We hold accordingly and pass the following order:-
ORDER
Appeal is allowed.
Impugned order is set aside.
In the result, consumer complaint stands dismissed.
In the given circumstances, both the parties to bear their own costs.
Copies of the order be furnished to the parties.
Pronounced on 12th October, 2011.
