Punjab

Gurdaspur

CC/93/2021

Shashi Kumar Sharma - Complainant(s)

Versus

Pathankot Club Ltd. - Opp.Party(s)

Sh. Gaurav Mahajan Adv.

31 Mar 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, GURDASPUR
DISTRICT COURTS, JAIL ROAD, GURDASPUR
PHONE NO. 01874-245345
 
Complaint Case No. CC/93/2021
( Date of Filing : 26 Mar 2021 )
 
1. Shashi Kumar Sharma
son of Late Sh. Raj Kumar Sharma, aged 57 Years, resident of 6, Municipl Colony, College Road, Pathankot, Tehsil and District Pathankot-145001
Pathankot
Punjab
...........Complainant(s)
Versus
1. Pathankot Club Ltd.
Mamoon chowk Adhunik Vihar,Dalhousie Road, Pathankot,Tehsil and District Pathankot (Punjab State) through its Managing Director CINB U92490PB1998PLC021677 Registration No.21677)
Pathankot
Punjab
2. Shri Maharaj Krishan,
Lane 1 Opposite Pathankot Club LKtd. Adhunik Vihar Mamoon
Pathankot
Punjab
3. 3. Shri Ramesh Bhambri
Lane 1 Opposite Pathankot Club Ltd., Adhunik Vihar Mamoon
Pathankot
Punjab
4. 4. Shri Prem Bhambari,
Lane 1 opposite pathankot club limited Adhunik Vihar Mamoon
Pathankot
Punjab
5. 5. Amit Mahajan
Lane 1 opposite pathankot club Ltd. Adhunik Vihar Mamoon
Pathankot
Punjab
6. 6. Pankaj Mahajan
Lane 1 Opposite pathankot club Ltd. Adhunik Vihar Mamoon
Pathankot
Punjab
7. 7. Kailash Chander
Lane 1 Opposite pathankot club Ltd. Adhunik Vihar Mamoon
Pasthankot
Punjab
............Opp.Party(s)
 
BEFORE: 
  Smt.Neelam Gupta PRESIDENT
 
PRESENT:Sh. Gaurav Mahajan Adv., Advocate for the Complainant 1
 
Dated : 31 Mar 2021
Final Order / Judgement

 

  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*                                            

 
 
[ Smt.Neelam Gupta]
PRESIDENT
 

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