Karnataka

Mysore

CC/97/2021

Sri.Krishnegowda K.S. - Complainant(s)

Versus

Country Club India Ltd & others - Opp.Party(s)

Sri.K.N.Kishore.

13 Jul 2021

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION MYSURU
No.1542 F, Anikethana Road, C and D Block, J.C.S.T. Layout, Kuvempunagara,
Kuvempunagara, (Behind Jagadamba Petrol Bunk), Mysuru-570023
 
Complaint Case No. CC/97/2021
( Date of Filing : 07 Apr 2021 )
 
1. Sri.Krishnegowda K.S.
S/o Srinivas Gowda P.T. 69 years, No.1049, Subhash Nagar, K.R.Pet, Mandya District
...........Complainant(s)
Versus
1. Country Club India Ltd & others
Registered office at Amrutha Castle, 5/9/16, Saifabad, Opp Secretariat, Hyderabad Rep by its Authorised Signatory
2. Country Vacations
(A unit of Country Club(I) Ltd., No.CH19, PDR Etrium, 2nd Floor, Chamarajapuram, Mysore-570005 Rep by its Authorised Signatory
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MR. B.NARAYANAPPA PRESIDENT
 HON'BLE MRS. LALITHA.M.K. MEMBER
 HON'BLE MR. M.C.Devakumar MEMBER
 
PRESENT:
 
Dated : 13 Jul 2021
Final Order / Judgement

Complainant and counsel are called out absent.  On perusal of the record and order sheet it is noticed that this case was stands posted for hearing on admissibility.  But in spite of sufficient opportunities were given the complainant does not turned up and not submitted any submissions with regard to admission.  On perusal of the records it is noticed that the complainant entered into an agreement with opposite party on 10.11.20216 by paying Rs.1,85,000/- to purchase membership from the opposite party and it is further alleged that the complainant came to know that the agreement entered into in between both the parties is not at all for life time membership, therefore the complainant was not ready to accept the culture and activities of the opposite party and decided to  withdraw his membership and sent letters to opposite party for refund of membership fee.  But no response from opposite party, therefore it is alleged that the deficiency in service on the part of opposite party and has come up with this present complaint seeking refund of membership amount of Rs.2,05,000/- from opposite party.   As we have stated above the agreement was entered into between the complainant and opposite party on 10.11.2016, but the complaint came to be filed on 07.04.2021, after lapse of nearly more than 4 years the complainant ought to have filed this complaint within the period of limitation of two years, but the complainant was came to be filed beyond the period of limitation.  On this ground only the complaint is liable to be dismissed as not maintainable.

     In view of delay in filing the complaint beyond the period of limitation the complaint of the complainant is not maintainable.  Hence, the same is liable to be dismissed at the threshold.  Hence, we pass the following order,

                                                 ORDER

     The complaint of the complainant is dismissed as not maintainable, since the same is filed beyond the period of limitation.

 
 
[HON'BLE MR. B.NARAYANAPPA]
PRESIDENT
 
 
[HON'BLE MRS. LALITHA.M.K.]
MEMBER
 
 
[HON'BLE MR. M.C.Devakumar]
MEMBER
 

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