STATE CONSUMER DISPUTES REDRESSAL COMMISSION,
U.T.,CHANDIGARH
First Appeal No. | : | 92 of 2014 |
Date of Institution | : | 12.03.2014 |
Date of Decision | : | 29.04.2014 |
1.Country Club [India Limited] having its Regd. Office at Amrutha Castle, 5-9-16, Saifabad, Opp. Secretariat, Hyderabad, through its Authorised Signatory, now through its Legal Officer.
2.Country Club India Limited, AquaMarine (Adj. Hotel Aroma, Sector 22-C, Chandigarh, through its Manager, now through its Legal Officer.
……Appellants/Opposite Parties.
Versus
Sqn. Ldr. Gurdial Singh [Retd.] S/o Late Sh. Inder Singh R/o Avtar Villa, H.No.3169, Sector 21-D, Chandigarh.
Appeal under Section 15 of the Consumer Protection Act, 1986.
BEFORE:
Argued by:
PER DEV RAJ, MEMBER.
“10.
11.
2.
3.
4.
5.
6.
7.
8.
9. “Vikram Greentech (I) Ltd. & Anr. Vs. New India Assurance Co. Ltd., II (2009) CPJ 34”. It was further submitted that the District Forum took an incorrect view of law and wrongly relied on judgment. It was further submitted that the order of the District Forum, being unsustainable, in the eyes of law, deserves to be set aside.
10.
11.
12.
13. . In this view of the matter, this objection of the appellants/Opposite Parties, being devoid of merit, must fail, and the same stands rejected.
14.
“It is understood that the Annual Maintenance Charges (AMC) are Rs.6,500/- (Rupees Six Thousand Five Hundred Only) Plus 15% Admin/Processing fee for Accommodation type for Children below 12 years and Rs.8,500/- (Rupees Eight Thousand Five Hundred Only) Plus 15% Admin/Processing Fee for Accommodation type for Children below 25 years payable Online, excluding taxes currently, or as amended from time to time, irrespective of usage of the vacations/facilities/amenities. The same shall be applicable from the date of enrollment of membership. The AMC needs to be paid on time. Failure to pay the said amount or any other amount due shall be a default and members cannot utilize the facilities until the dues are cleared.”
15.
“I understand that this Membership Agreement SUPERCEDES communication, if any, issued by CCIL representatives (including on Company Letter Head or STAMP PAPER) and the benefits and terms of membership listed here and amendment are final and binding on CCIL, and myself.”
16.
17. , wherein it was held by the Hon’ble Apex Court that the provisions of the Act have to be construed in favour of the consumer to achieve purpose of the enactment as it is a social benefit oriented legislation. It also wrongly relied upon another judgment rendered inKulwinder Kaur Vs. Life Insurance Corporation of India, 2007 (1) CLT 303 (Pb.), by holding that where two views are possible, the one, which favours the consumer, should be taken. The facts of the case, in hand, are totally distinguishable. In
18.
19.
20.
21.
22.
Pronounced.
April 29, 2014. [JUSTICE SHAM SUNDER (RETD.)]
PRESIDENT
Sd/-
(DEV RAJ)
MEMBER
Ad
STATE COMMISSION
(First Appeal No.92 of 2014)
Argued by:
Dated the 29th
ORDER
Vide our detailed order of the even date, recorded separately, this appeal has been accepted, with no order as to costs. The order of the District Forum has been set aside. Consequently, the complaint filed by the respondent/complainant, before the District Forum, has been dismissed with no order as to costs.
(DEV RAJ) MEMBER | (JUSTICE SHAM SUNDER (RETD.)) Ad |
