O R D E R
(By Sri. D.Shankar Rao, Member)
This is the complaint filed on 30-10-2012 by complainant under section 12 of Consumer Protection Act, 1986 against opposite parties 1 and 2 for refund of membership amount of Rs.8,000/- with 18% interest from the date of complaint till realization and compensation of Rs.50,000/- with costs of Rs.1,000/-.
It is stated that the complaint has joined as member in the Road Safety Club Pvt Ltd, of opposite party No.1 through the opposite party No.2 by paying an amount of Rs.8,000/- on 24-2-2003. The membership vide PO No.500500/42/03/ 920089(GPA0000120) was allotted to the complainant for the tenure of 8 years. As per the Rules, the opposite party club will refund the membership amount after completed the tenure. On 23-2-2011 the tenure of membership was completed and the complainant has surrendered the membership bond and other original documents to the to the opposite party No.2 at Bodhan for refund of membership amount. The branch Manager of opposite party No.2 has received the Road Safety Club bond etc on 16-7-2011 but the complainant has not received the amount. Further the complainant has issued legal notice dated 27-2-2012 to opposite party No.1 through his counsel Sri D.Nageshwar but the opposite party refused to receive the said notice and failed to pay the amount. The acts of the opposite parties amounts to deficiency of service and they are liable to refund the membership amount with 18% interest and compensation for Rs.50,000/- with costs of Rs.1,000/-.
After rectified the objections the complaint was registered as CC No.76 of 2012 on 19-12-2012 and order to issue notice to opposite parties and called the complainant on 21-1-2013 for appearing either in persons or through authorized agent along with counter and documents. The notices were dispatched vide Dis No.640 dated 26-12-2012 through RPAD to the addresses of the opposite parties 1 and 2 as mentioned in the complaint. The said notices of RPAD covers were returned as un-served stating that the addressees were left. On 21-1-2013 again ordered issuance of fresh notices on furnishing correct and present address of the opposite parties 1 and 2 and posted the complaint on 18-2-2013. Though the complaint was called on 18-2-2013, on 11-3-2013, on 3-4-2013, on 24-4-2013, on 17-5-2013, on 20-6-2013 and on 12-7-2013 and extended time finally and conditionally as no further adjournment will be granted for furnishing the correct addresses of opposite parties 1 and 2 for issuing notices, but the complainant did not furnished the correct addresses of the opposite parties 1 and 2. Hence the Forum ordered on 12-7-2013 for taking steps and called the complaint on 16-7-2013. No steps taken by the complainant on 5-8-2013 and on 21-8-2013. Hence the Forum deemed it that the complainant has no interest to proceed with the case and posted the complaint on 27-8-2013 for orders.
The complaint was registered on 19-12-2012 and coming the complaint from 21-1-2013 for service notices against opposite parties 1 and 2 on their correct and present addresses, for the past 8 months 7 days but the complainant has not chosen to furnish the correct and present addresses of the opposite parties 1 and 2 for proceed with the case. Even the complainant has not taken steps for substitute services of notices against opposite parties 1 and 2 for prosecuting the case in spite of imposed condition as no further adjournment will be granted. Therefore we deemed it that the complainant has not interest to proceed with the case and the complaint is liable to be DISMISSED without costs.
IN THE RESULT, the complaint is “DISMISSED” without costs.
Typed to dictation, corrected and pronounced by the Member in Open Forum on this the 27th day of August 2013.
