BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM-I, U.T. CHANDIGARH

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K.D. Banerjee, A-22, Sardar Nagar (FF), Delhi-110009.

…..Complainant

                           V E R S U S

Pb. Tourism Dev. Corpn., Ltd, S.C.O. 183-184, Sector 8-C, Chandigarh

                                  ……Opposite Party

CORAM: SH. ASHOK RAJ BHANDARI              PRESIDING MEMBER

            SH. RAJINDER SINGH GILL               MEMBER

            DR (MRS.) MADANJIT KAUR SAHOTA  MEMBER

Argued by: None for complainant.

Sh. Naginder Singh Vashist, Adv. for OP.

PER DR.(MRS.) MADANJIT KAUR SAHOTA,  MEMBER

             Succinctly put, the complainant had paid a sum of Rs.5,000/- to the OP towards the membership of holiday home club for the proposed ten places of India and Nepal but all in vain. He was able to manage 4/5 holiday home only. He lodged a complaint to PTDC Information Officer regarding the above fact on which he received a reply from PTDC Information Officer that now they were having only two H.H. i.e. one at Goa and other at Jaipur and rest they had sold out without the consent of its members/shareholders. Hence this complaint alleging that the aforesaid acts of the OP amount to deficiency in service and unfair trade practice.

2.             Notice was served to the OP. In their written reply OP submitted that on 18.08.2007, the complainant had moved an application under Right to Information Act, 2005 about the status of the Holiday Home Club of which he became member in the year 1986.  On 31.10.2007, they had sent the information to the complainant that the department was disinvested on fast track by the State Government and more than 85% of the staff had already been relived from the services and it was also informed to the complainant that at present only one holiday Inns in Goa is run by the Department for which he could avail the facility. The limitation for filing a complaint before this Hon`ble Forum starts from the date when he was intimated about the status of the holiday Inns vide letter dated 31.10.2007 and the present complaint is filed in the year 2010 which shows that the complaint is barred by time. Denying all the material allegations of the complainant, the OP pleaded that there has been no deficiency in service or unfair trade practice on their part and prayed for dismissal of the complaint. 

3.             Parties led evidence in support of their contentions.

4.             We have heard the Learned Counsel for the OP and have also perused the record. 

5.             The complaint was received vide registered post dated 23.01.2010.  The complainant had paid a sum of Rs.5,000/- to the OP for ten holiday home but was able to avail only 4/5 holiday home as the OP had sold out the rest of the holiday home without his consent. Annexure R-1 is the copy of the letter dated 31.10.2007 vide which the OP had informed to the complainant that the OP-department was disinvested on fast track by the State Government and more than 85% of the staff had already been relieved from the services, presently, few units were being run with the remaining staff and it was also informed to the complainant that at present only one holiday Inns in Goa is run by the Department for which he could avail the facility. The above information was provided to the complainant on 31.10.2007, whereas the present complaint has been filed by the complainant in this Forum on 27.01.2010, which is clearly barred by time. According to Section 24A of the Consumer Protection Act, the complaint is to be filed within 2 years from the date of cause of action.  In the instant case the cause of action has accrued on 31.10.2007 when the information from the OP vide Annexure R-2 was sent to the complainant, whereas the present complaint has been filed by the complainant in Jan, 2010 i.e. after a lapse of more than 2 years which is barred by time. Otherwise also the complainant never appeared in person or through his authorized representative or Counsel to contest the arguments of the OP.

6.             Since the present complaint is time barred and the complainant has failed to come before the Forum within the stipulated period of 2 years from the date of the last cause of action, the present complaint needs to be dismissed on technical grounds.  Therefore there is no need to go into the merits of the present complaint. The complaint is barred by time and is accordingly dismissed. 

              Certified copies of this order be sent to the parties free of charge.  The file be consigned.