ROYAL CALCUTTA GOLF CLUB Vs. LALIT KUMAR JHALARIA

JUDGEMENT

(1.) Royal Calcutta Golf Club, defendant of Money Suit No.250 of 2008 is the appellant before this court assailing the judgment and decree passed by the learned Additional District Judge, 1st Court at Alipore in Money Appeal No.3 of 2013 reversing the judgment and decree of dismissal of the said money suit passed by the learned Civil Judge (Junior Division), 1st Court at Alipore.

(2.) Factual background of the case is narrated below:-

(3.) The respondent as plaintiff filed Money Suit No.250 of 2008 against the appellant club claiming refund of the excess subscription plus service tax calculated by the appellant club from him for the period between February, 2004 to June, 2007 along with interest. The plaintiff/respondent is a permanent member of defendant/club since 1985. Sometimes in June, 2007 he came to know from other members that the appellant/club has been allowing on discounted monthly subscription to those members who had been members of the club for at least 15 years and had crossed the age of 60. The plaintiff submitted a letter on 29th June, 2007 to the appellant/club stating, inter alia, that he was a permanent member of the said club since 2nd July, 1985 and he crossed the age of 60 years on 28th January, 2004. In fact the club acknowledged the fact of plaintiff's membership and attainment of the age of 60 years on 28th January, 2004 by publishing clubs member's directory in the year 2004. So he claimed refund of excess amount of subscription which was calculated from him by the club from the month of February, 2004 to June, 2007. The General Executive Officer of the club, by a letter dated 29th June, 2007 informed the respondent that he was entitled to enjoy the benefit of discounted subscription from July, 2007 as he offered for having a senior member's discounted subscription in the month of June, 2007.