DATE OF FILING : 21.04.2015.
DATE OF S/R : 04.06.2015.
DATE OF FINAL ORDER : 16.03.2016.
Binay Kumar Agarwal,
son of Ved Prakash Agarwal,
of Adunik Agarwal,
6/2/1, Asutosh Mukherjee Lane, 6th floor, P.S. Golabari,
District Howrah,
PIN 711106………….……………………………………………….. COMPLAINANT.
1. Shahid Khan,
Manager, Sales & Marketing Country Club ( I ) Ltd.,
of 63, Rafi Ahmed Kidwai Road,
Kolkata 700016.
2. The Manager,
represented by Country Club ( I ) Ltd.,
of 71, Park Street, Park Plaza, ground floor,
Kolkata 7000 16.
3. Md. Phiroze Alam,
Deputy Manager,
represented by Country Club ( I ) Ltd.,
of 71, Park Street, Park Plaza, ground floor,
Kolkata 700016, and also all at
C K 27, Kasba Bose Pukur,
Opposite Nilanchal Apartment,
Kolkata 42.………………………………………………OPPOSITE PARTIES.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak.
F I N A L O R D E R
- Complainant, Binay Kr. Agarwal, by filing a petition U/S 12 of the C .P. Act, 1986 ( as amended up to date ) has prayed for a direction to be given upon the o.ps. to refund the amount of Rs.1,25,000/-, so paid by the complainant towards the purchase of membership of leisure and entertainment along with interest and other order or orders as the Forum may deem fit and proper.
- Brief facts of the case is that complainant paid Rs. 1,25,000/- to the o.ps. on 27.9.2008, 4.10.2008, & 11.10.2008 vide Annexure money receipts collectively towards the purchase of membership in o.ps.’ leisure and entertainment company. It was also confirmed by the o.ps. vide their letter dated 25.09.2008. It is stated by the complainant that as per the terms of the membership, complainant was entitled to certain added benefits, which were not provided by them till date. It is also alleged by the complainant that the o.ps. allotted a plot of land as per the terms of the membership vide of their letter dated 25.3.2011 but in reality complainant has not been provided with any documents relating to such plot, so he could not enjoy the benefit of the said plot in real sense. Accordingly, complainant visited the office of the o.ps. and requested them to return of his entire money with interest, o.ps. refused the petitioner to refund the same . So ;complainant was sent a demand notice on 19.12.2014 with the same request but o.ps. never paid any heed to that. Being frustrated and finding no other alternatives complainant filed this instant case with the aforesaid reliefs.
- Notices were served. They appeared and filed written version as well as a non maintainability petition. Accordingly, case was heard on contest.
- Upon pleadings of both parties two points arose for determination :
i) Is there any deficiency in service on the part of the O.Ps. ?
- Whether the complainant is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
- Both the points are taken up together for consideration. We have carefully gone through the written version filed by the o.ps. along with the written objection and noted their contents. O.ps. also file the copies of reported judgment. It is the specific plea of the o.ps. that the official address of the o.ps. does not fall under the territorial jurisdiction of this Forum. They have also mentioned that the complainant has filed the instant case after expiry of the seven years from the date of acceptance of membership which is barred by limitation. On perusal of the petition of complaint we see that complainant has not filed any delay condonation petition U/S 24A of the C.P. Act, 1986 ( as amended up to date ). So we do not find any reason for filing this instant petition in such a belated stage. At the same time it is also a fact that not a single address of the o.ps. falls under the territorial jurisdiction of this Forum. Accordingly the petition of complaint is dismissed for being not maintainable before this Forum. Points under consideration are accordingly decided.
In the result, the application fails.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 153 of 2015 ( HDF 153 of 2015 ) be dismissed on contest without costs against the O.Ps.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( Jhumki Saha)
Member, C.D.R.F., Howrah.
