Order No.  02   / 27.02.2019

            Ld. Advocate for the Complainants is present.

            The case is taken up for Admission Hearing.

            Heard the Ld. Advocate for the complainants who submits that complainants are the consumer under the OP, Country Vacations and they obtained membership against payment of Rs.85, 000/-.  He further submits that Membership Purchase Agreement dated 04.10.2012 was executed between the parties to the complaint for a period of 10 years and in terms of the said agreement the OP should have to render better services to the complainants without demanding any further payment. The agreement shall continue till 03.10.2022 and the OP further demanded Rs.15,000/- as  yearly maintenance charges. According to him, the conduct of the OP is very much deficiency in service and unfair trade practice. Hence, the complainant has prayed for refund of Rs.1,76,200/-.

            Perused the petition of complaint coupled with Membership Purchase Agreement dated 04.10.2012, we find that the complainants obtained purchased membership of Country Vacations International Holiday Club against payment of Rs.85,000/-  for a period of 10 years. The terms and conditions (Annexure-II) of the purchase agreement entail that the complainants are bound to pay Annual Maintenance Charges to the OP otherwise the members cannot utilize the facilities until the dues are cleared. It is settled principal of law the terms of the contract have to be constructed as it is and we cannot add / or subtract something.  Therefore, the complainants are bound to pay AMC within the terms of the purchase agreement dated 04.10.2012.

            In view of the above aspect, we are not inclined to admit the complaint.  Accordingly, the complaint is not admitted and dismissed in limine.