Order No.  02    Dated :   05 .04.2019

          Complainant is present in person.

          The case is taken up for admission hearing.

          Complainant submits that he including his wife purchased membership of Country Vacations International Holiday Club on -03.06.2012 for 10 years by executing a Purchase Agreement.  He further submits  that his wife Triparna Sen died on 25.01.2019 as Bellevue Clinic, Kolkata and on 30.11.2017 he intimated the above predicament to  the OPs with a request to refund the purchase money of Rs.90,000/- and despite of such letter the OPs remained silent to redress his grievance. There is deficiency in service on the part of the OPs and the attitude of the OPs tantamount to unfair trade practice.

          We have heard the submission of the complainant and also perused the documents annexed with the consumer complaint. On perusal of the purchase agreement dated 03.06.2012, it appears to us that the membership is non refundable under any circumstances and the membership fee is not a deposit. In our opinion, the parties are bound to abide by the terms and conditions of the agreement dated 03.06.2012 Therefore, there is no deficiency in service or unfair trade practice on the part of the OPs as they never refused to render services to the complainant. The purchase agreement was executed on 03.06.2012 and the complainant filed the instant case after statutory period of two years as defined under section 24A of the Consumer protection Act, 1986. Thus, the complaint is not maintainable and liable to be dismissed in limine.

          Hence,

ORDERED

             That the complaint case be and the same is dismissed in limine.

             In view of the above aspect, MA No. 151 of 2019 is infractuous.