ASHWANI KUMAR Vs. ASIA RESORTS LIMITED

JUDGEMENT

(1.) AFTER hearing the learned Counsel for the appellant and going through the impugned judgment and order dated 21.4.2004 passed by District Consumer Disputes Redressal Forum -I, U.T., Chandigarh (for short hereinafter to be referred as District Forum) in Complaint Case No. 841 of 2003, we find that the two disputed points raised by the appellant could not legally be gone into in the exercise of the summary jurisdiction conferred on this State Commission set up under the provisions of the Consumer Protection Act, 1986 (for short hereinafter to be referred as C.P. Act) as amended up -to -date.

(2.) THE first point, which has been pressed in this appeal is about the enhancement of the utility charges to be paid by the time share holder who has entered into an agreement with the respondent -Asia Resorts Limited. The complainants purchased the time share and according to their contention, the agreement was for a period of 49 years. The appellants utilized the time share facilities in the years 1998, 1999, 2000 and 2001. It has been contended that the respondent imposed actual maintenance charges @ Rs. 2,500, which is quite unreasonable besides being highly excessive and by doing so, the respondent has indulged in unfair trade practice.

(3.) IN the second place, it has been contended that the complainants applied for refund of the time share purchased after utilizing it for the period mentioned above and the same was not refunded and, hence, the respondent committed deficiency in service.