ORDER :-
Per Shri S.R. Khanzode, Hon’ble Presiding Judicial Member

1) These appeals arise out of order/award dated 30/04/2008 passed in Consumer complaint No.15/1998 Shabbir Tayebali Kapadia V/s. Royal Goan Beach Club & Ors. by Mumbai Suburban District Consumer Forum (‘Forum below’ in short). Appeal No.971/2008 is filed by Org.O.P.No.1-Royal Goan Beach Club and Org.O.P.No.1a-Prestige Holiday Resorts Pvt. Ltd. while appeal No.1145/2008 is filed by Org.O.P.No.4-RCI India Pvt.Ltd.

2) Impressed by the presentation regarding sale of “Time Share Holiday” Respondent/Org. Complainant-Shabbir Tayebali Kapadia (hereinafter referred as ‘Complainant’) entered into an agreement to purchase membership of the Royal Goan Beach Club, Baga Goa (Appellant/Org.O.P.No.1) and entered into an agreement dated 12/11/1995 with Org.O.P.No.2-Continental Time Share Marketing Pvt. Ltd. (hereinafter referred as a ‘Company’). According to the Complainant, he could not get facilities or could enjoy fruits of said agreement and therefore, he claimed back refund of his money amounting Rs.1,77,345/- by his letter dated 10/12/1997 but in vain and hence, he filed the consumer complaint on 16/01/1998. The complaint came to be decreed against O.P.No.1 and 1a (i.e. the Appellants in the appeal, supra) and feeling aggrieved thereby these appeals are preferred. Consumer complaint against Org.O.P.No.2-Continental Time Share Marketing Pvt.Ltd. and O.P.No.3-Hutchison & Co.(India) Pvt.Ltd. stood dismissed as per impugned order. Complainant has not preferred any appeal against the dismissal of consumer complaint against O.P.Nos.2 & 3, supra.

3) We heard Ms.Phillips, Advocate for appellant in First Appeal No.1145/2008 namely RCI India Pvt.Ltd. and Shri. S.T.Kapadia, Respondent/Org. Complainant in person, Advocate Shri.Prabhavalkar for appellant in First Appeal No.971/2008 i.e.Org.O.P.Nos.1 and 1a. Other Respondents in both the appeals remain absent.

4) There is delay of 32 days of filing Appeal No.971/2008. The reason given in para 2 of Misc. Application No.1338/2008 offered sufficient cause. The delay is neither intentional nor deliberate. Hence, we condone the same.

5) As far as First Appeal No.971/2008 filed by Org.O.P.Nos.1 and 1a is concerned, there is no privity of contract between them and the Complainant. The contract dated 12/11/1995 on the basis with this complaint is filed, is between Org.O.P.No.2-Continental Time Share Marketing Pvt.Ltd. and the Complainant. We will not go into the issue as about the relationship of the consumer and service provider and maintainability of this complaint, in view of this commission’s earlier order passed in First Appeal No.1317/2000 Shabbir Tayebali Kapadia V/s. Royal Goan Beach Club & Ors. dated 23/01/2008. However, since as per impugned order/award complaint as against Org.O.P.No.2 & 3 stood dismissed and there being no privity of contract between the Complainant and O.P.Nos.1 and 1a, there arise no question of any kind of deficiency in service on the part of these O.P.Nos.1 and 1a. Therefore, impugned order/award can not sustain against O.P.Nos.1 and 1a i.e. appellants in Appeal No.971/2008. Appeal No.971/2008 is to be allowed accordingly.

6) As far as appeal filed by O.P.No.4-RCI India Pvt.Ltd. i.e. Appeal No.1145/2008 is concerned, there is no privity of contract between RCI India Pvt.Ltd. and the Complainant. Whatever facilities which the Complainant was promised with O.P.No.4-RCI India Pvt.Ltd. as per reciprocal arrangements under exchange and the facilities were to be given to him as per the rights given under the contract or agreement dated 12/11/1995, supra. Membership facilities with O.P.No.4-RCI India Pvt.Ltd were subject to paying the membership fees and as per the offer made by O.P.No.4-RCI India Pvt.Ltd. The exchange facility was not available with O.P.No.4-RCI India Pvt.Ltd., since the conditions for such exchange were not fulfilled. In any case, for absence of any relationship between Complainant and O.P.No.4-RCI India Pvt.Ltd. as service provider, no consumer complaint against it, is tenable. Impugned award passed by Forum below against O.P.No.4-RCI India Pvt.Ltd. is bad in law. Therefore, appeal filed by O.P.No.4 i.e. Appeal No.1145/2008 needs to be allowed. For the reasons stated above, we hold accordingly and pass the following order :



O R D E R



1) Delay application, Misc.Application No.1338/2008 in Appeal No.971/2008,

stands allowed.

2) Appeal No.971/2008 and Appeal No.1145/2008 are allowed.

3) Impugned order/award dated 30/04/2008 stands set aside against O.P.No.1-

Royal Goan Beach Club, O.P.No.1a -Prestige Holiday Resort Pvt.Ltd. and

O.P.No.4-RCI India Pvt.Ltd.and in turn consumer complaint against them

also stands dismissed.

4) In the given circumstances both the parties to bear their own costs.

5) Copies of the order be furnished to the parties





(S. P. Lale) (S. R. Khanzode)

Member Presiding Judicial Member