ASHWANI KUMAR Vs. ASIA RESORTS LIMITED

JUDGEMENT

(1.) THESE three first appeals are directed against the judgments and order dated 21.4.2004 passed by the District Consumer Disputes Redressal Forum -I, U.T., Chandigarh (for short hereinafter to be referred as District Forum) vide which the consumer complaints bearing Nos. 844, 843 and 842 all of 2003 were dismissed.

(2.) AN appeal bearing No. 128 of 2005 against the judgment and order of the District Forum -I, U.T., Chandigarh on 21.4.2004 in complaint case No. 841 of 2003 was filed by the consumer complainants, which came up for hearing before this Commission on 8.7.2005 and the same was dismissed in limine on the ground that the fixation of utility charges being unreasonable and excessive cannot be gone into by the Consumer Disputes Redressal Agencies and the action of the respondent in not allowing withdrawal from the time share cannot be termed as deficiency in service and the remedy regarding the withdrawal and refund of the time share and its value would lie before a Civil Court of competent jurisdiction.

(3.) THE learned Counsel for the appellants in these three appeals submitted that in these three appeals, the dispute is more or less the same as in appeal No. 128 of 2005 decided already and the three first appeals are squarely covered by the judgment rendered in appeal No. 128 of 2005.