Karnataka

Bangalore Urban

CC/87/2022

Mr Shaik Gouse Basha - Complainant(s)

Versus

The General Manager, Country Vacations - Opp.Party(s)

Sri. Madhusudhan

07 Apr 2022

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
8TH FLOOR, B.W.S.S.B BUILDING, K.G.ROAD,BANGALORE-09
 
Complaint Case No. CC/87/2022
( Date of Filing : 29 Mar 2022 )
 
1. Mr Shaik Gouse Basha
S/o Kalasha Saheb, Aged about 51 Years, R/at No.86, Karnataka Layout, 2nd Stage,Kurubarahalli, Basaveshwaranagar, Bengaluru-560086
...........Complainant(s)
Versus
1. The General Manager, Country Vacations
A Unit of County Club Hospitality, and Holidays Limited, Amrutha Castle,5-9-16,Saifabad Opp.Secretariat, Hyderabad-500016
2. The Manager, Country Vacations,
A Unit of Country Club Hospitality,and Holidays,Indiranagar,Bengaluru-560038
3. The Manager, Country Vacations,
A Unit of County Club Hospitality, and Holidays Limited,Shankar Mutt Road,Basaveshwaranagar
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. K.S. BILAGI PRESIDENT
 HON'BLE MR. H. Janardhan MEMBER
 
PRESENT:
 
Dated : 07 Apr 2022
Final Order / Judgement

ORDERS ON ADMISSION

 

The complaint has been filed on 29.03.2022 alleging that the complainant has paid Rs.1,20,000/- to the Ops under the agreement dated 06.03.2018 and issued legal notice on 05.08.2019.

The complaint is filed seeking direction against the OPs to pay Rs.3,20,000/- with interest at 24% p.a. from 06.03.2018 till realization, Rs.500/- per day from the date of filing the complaint towards deficiency of service and Rs.1,00,000/- towards mental agony.

As per the terms and conditions of agreement, the complainant understands charges are not a refundable deposit and not an investment.The fee is not refundable under any circumstances.The complainant had an option to discontinue the agreement by paying nominal administrative charges of Rs.3,800/- within cool of period 10 days in writing from 06.03.2018.The complainant has not exercised this option.

As per Condition No.6, the complainant was supposed to make advance annual charges of Rs.6,000/- excluding taxes.It is not the case of the complainant that he has paid annual charges of Rs.6,000/- p.a. in advance to keep the agreement alive.If 10 days cool of period is added to 06.03.2018, the complainant was supposed to file the complaint on or before 15.03.2020.But, complaint has been filed after gap of two years from 15.03.2020.The complainant fails to keep alive his agreement by paying annual charges in advance.

Even though, application under Section 5 of Limitation Act has filed to condone the delay.Even after consideration of the reasons assigned in the application, the complainant has not substantiated these reasons by producing relevant documents. On point of limitation alone, complaint requires to be rejected.Even presuming for the sake of arguments that the complainant shows the sufficient cause to condone the delay.But, on merits, the complainant fails to make out a case for admission as stated above.

Therefore, complaint requires to be rejected.Accordingly, complaint is not admitted.Close the file. Return the documents to the complainant.

 
 
[HON'BLE MR. K.S. BILAGI]
PRESIDENT
 
 
[HON'BLE MR. H. Janardhan]
MEMBER
 

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