ORDER ON ADMISSION OF COMPLAINT  

SRI.C.V.MARGOOR, PRESIDENT

This complaint is filed under Section 35 of the Consumer Protection Act, 2019 by Kodapura Lakkappa Shekar resident of Tumakuru against the OP-M/s Country Vacations, Bengaluru to direct the OP to pay a sum of Rs.1,25,000=00 together with interest @ 18% p.a. from the date of payment i.e. 31-12-2008 till its realization and pay a sum of Rs.5,00,000-00 as compensation for pain and sufferings.

          2. It is the case of complainant that he became member of OP on 31-12-2008 by paying an amount of Rs.1,25,000-00. The OP has offered benefits like 3/n 4/d international holiday, visa, flight tickets and accommodation at Singapore, Malaysia, Dubai and Bangkok. It is further case of complainant that the OP has failed to provide benefits as agreed. The complainant has got issued notice dated 6-3-2021 calling upon the OP to pay amount paid by him a sum of Rs.1,25,000-00 on 31-12-2008. The OP despite the service of notice neither complied nor paid the amount hence, this case for deficiency in service on the part of OP.

          3. We have heard the learned counsel for complainant.

4. The learned counsel for complainant submitted that the OP has failed to repay the membership amount inspite of legal notice dated 6-3-2021. The complainant has produced documents to show that he became member of OP club by paying an amount of Rs.1,25,000-00 on 31-12-2008. The complainant further produced office copy of legal notice and postal acknowledgment for service of notice on the OP. This Commission empowers the admission of complaint if deficiency of service on the part of OP or defective goods has been supplied by the OP. The complainant is alleging deficiency of service on the part of OP. The complainant has became member of OP to avail the benefits as stated earlier. The complainant has not produced any documents to show that he has submitted application or requested to provide the benefits like to avail international holidays or stay at Singapore, Malaysia etc. as per agreement. The complainant nowhere stated in the complaint that he has asked for the benefits from the OP that he is going to abroad, availing accommodation and other facilities offered by the OP as per agreement. When the complainant has not proposed to avail the benefits as per agreement from the OP the question of deficiency of service on the part of OP does not arise. On this count the complaint is liable to be dismissed.

5. The complaint shall liable to be dismissed on the point of limitation as he had paid Rs.1,25,000-00 to the OP to become member on 31-12-2008 and filed this complaint on 22-7-2021 after 13 years from the date of payment to the OP. This Commission is not having power to recover the deposited amount as there is no deficiency of service on the part of OP. The complaint deserves to be dismissed on the ground on non-existence of deficiency of service on the part of OP. The complaint is filed more than two years from the date of payment of amount to OP, it means the complaint is barred by limitation. Accordingly, we proceed to pass the following;

ORDER

The complaint is dismissed as not maintainable.

          Return the original documents if produced to the complainant.