O R D E R
SRI.D. KRISHNAPPA, PRESIDENT:
The grievance of the complainant against the Op in brief is, that he became a member of Op club by paying Rs.55,000/- on different dates. That he had paid Rs.30,000/- and another Rs.20,000/- on the same date on 10/11/2006 and Rs.5,000/- on 14/12/2006 and obtained receipts. At the time of becoming a member, Op had promised to give certain attractive benefits. That he after becoming member of the Op club, Op has failed and neglected to give any kind of benefits to him. After he became a member, there was quarrel between himself and his wife for the above reason and he undergone mental agony and torture. That on many occasion he visited Op club and spent Rs.10,000/- as conveyance charges. Then he requested the Op to refund the money paid by him but Op has failed and neglected to pay money and therefore cause of action arouse on 14/12/2005, 10/11/2006 and subsequently on issue of legal notice on 31/08/2010 and thereby has prayed for a direction to Op to refund his money with interest.
2. Op has filed version through his advocate contending that the complaint is not maintainable and is barred by limitation. That membership fee payable was Rs.1,15,000/-. That the complainant has only paid Rs.55,000/- but still due Rs.60,000/-. The terms and conditions of the membership were told to the complainant and the complainant is therefore by not paying balance membership fee has not acquired membership of the club. Therefore, contending that the complainant without paying the full membership cannot claim any benefits and denying other allegations of deficiency in their service has prayed for dismissal of the complaint.
3. In the course of enquiry into the complaint, the complainant and one Venkatesh Verma for Op have filed their affidavit evidence reproducing what they have stated in their respective complaint and version. Complainant along with the complaint has produced copies of letters of the Op dated 27/12/005, 18/11/2006 and 20/11/2006 with Photostat copies of the receipts for having paid membership fee with a copy of legal notice he got issued to the Op. Op has not produced any documents. We have heard the counsel for both parties and perused the records.
4. On the above contentions, following points for determination arise.
- Whether the complainant proves that the Op has caused deficiency in his service by not providing club facilities as offered and in not refunding membership fee?
- To what relief the complainant is entitled to?
5. Our findings are as under:
Point No.1 : In the negative
Point No.2 : See the final order
REASONS
6. Answer on point No.1: The complainant in the complaint and also in the affidavit evidence though has stated that he became a member of Op club by paying Rs.55,000/- on different dates but has not spelled out the nature of membership he has acquired and details of the facilities that were offered to him on his becoming a member. On perusal of the copies of letters addressed by the Op to the complainant it is seen that the complainant at the first instance become a Gold Crown Premium member of the Op club by paying Rs.25,000/-. Later on through another letter dated 18/11/2006 Op sent a congratulation letter to the complainant on this complainant getting his membership upgraded to Mr. Cool Privilege Card Member under which complainant was required to pay membership fee of Rs.85,000/- after deducting Rs.30,000/- already paid by the complainant, the complainant was told to pay balance amount of Rs.55,000/-. The complainant has not denied or disputed these facts but the complainant admittedly except paying Rs.55,000/- has not paid the balance membership fee of Mr. Cool Privilege Card Member. Thus as contended by the Op, the complainant has not yet become Mr. Cool Privilege Card Member and the request of the Op to pay the balance amount remained unanswered. Thus it emerges that the complainant has committed default in not paying the balance membership fee and because of his default, Op stated to have not extended the facilities that ensured to the benefit of such members. Under these circumstances, complainant in our view cannot complain that the Op has not provided him facilities. A member to become entitle for facilities of Op club is required to pay the prescribed membership fee and then have the privilege of availing facilities. In the absence of such compliance, the complainant himself found to have defaulted and therefore, we find no merits in his allegations.
7. As found from the admission of the complainant himself he had paid Rs.30,000/- to the Op and another Rs.20,000/- on 10/11/2006, thereafter paid Rs.5,000/- on 14/12/2006 towards his membership fee. But after the year 2006, complainant found to had kept quite without approaching the Op either to become a full pledged member by paying the balance membership fee or to request the Op to refund the money paid by him by assigning reason for not paying the balance membership fee. Admittedly, there has not been any correspondence or demand from complainant in this regard from 14/12/2006 until he got issued a legal notice said to be on 31/08/2010, cause of action as claimed arouse to file the complaint on those days. The complainant has said, that cause of action arose on 14/12/2005, 10/11/2006 and again on 31/08/2010 when legal notice was issued. The cause of action that arouse on 10/11/2006 when the Op failed to provide facilities continued to run and it did not. Therefore, the complainant if he had found that Op did not provide him facilities in the year 2005 or in the year 2006 he ought to have filed the complaint within two years from that date as warranted under 24A of Consumer Protection Act. The complainant having not done so and having slept over the matter has by getting a legal notice issued on 31/08/2010 has filed this complaint which is in our view is barred by limitation and therefore is not maintainable. For these reasons, we find no merit in the complaint filed by the complainant and is liable to be dismissed. We therefore, answer point No.1 in the negative and pass the following order.
O R D E R
Complaint is dismissed. Parties to bear their own cost.
Dictated to the Stenographer. Got it transcribed and corrected. Pronounced in the Open forum on this the 24th December 2010.
MEMBER MEMBER PRESIDENT
