The complainant has filed the present complaint alleging that he obtained lifetime membership of opposite parties by paying Rs.36,000/- in the year 2010. But the opposite parties denied services to him on the ground that new directors had entered the company and he is no more eligible for the membership of the opposite party No.1. Hence, directions has been sought against the opposite parties to refund Rs.36,000/- alongwith interest @ 12% p.a. from the date of payment and Rs.1,00,000/- as compensation, Rs.20,000/- as litigation costs and Rs.10,000/- as costs of complaint.
2. Complainant has failed to prove on record that his membership was life time. Copy of the membership card i.e. Ex.C-4 of the complainant placed on record shows that membership was valid upto 31.12.2016 only and not life time membership.
As per Sec. 69 of C.P.Act 2019:-
“The District Commission, the State Commission, or the National Commission shall not admit a complaint unless it is filed within a period of two years from the date on which the cause of action has arises”
3. If the membership of the complainant expired on 31.12.2016, denial of the facility in the year 2020-21 does not give any right to give birth to cause of action to file complaint in the year 2021. Complaint should have been filed within a period of two years from 31.12.2016 i.e. the last date of membership. But the complainant filed it after more than four years. Hence, the complaint is not admissible before this Commission and the same is dismissed.
4. Copy of the order be communicated to the parties free of charges. File be consigned.
Announced (Neelam Gupta)
March 31, 2021 President
*MK*