BRANCH INCHARGE, COUNTRY VACATION Vs. MUKESH KUMAR

JUDGEMENT

(1.) THIS appeal takes an exception to an order dated 07/02/2011 passed in consumer complaint no.178/2009, Mukesh Kumar V/s. The Branch In -charge, Country Vacations and another; passed by Additional District Consumer Disputes Redressal Forum, Thane ('forum' in short). Consumer complaint pertains to alleged deficiency in service on the part of appellant/original opponent no.2 - Country Vacations for not invoking the contribution towards the membership made when the membership on its own was declined by the respondent/original complainant. It is the contention of the appellant that the membership contribution is not refundable and the membership fee on his sweet will cannot be withdrawn by the complainant. Hence there is no deficiency in service.

(2.) NONE present for the appellant. One employee of the appellant is present. He possess no authority. In these circumstances, we heard Ld.counsel Mr.Sandeep Kadam appearing for the respondent, who tried to support the impugned order.

(3.) IN the instant case, referring to the complaint, it may be seen that as per the offer made to accept the membership of Country Club (India) Ltd., Rs. 2,25,000/ - were paid either through credit card or by way of cheque. Said membership was for the period of 30 years and in lieu of said membership, by way of compliment, one plot of 2000 sq.ft. was to be offered and given to the complainant. Complainant wanted at the time of membership execution of the agreement. The complainant further decided not to go with the package and to decline the offer of membership and requested the appellant/original opponent to refund the amount of contribution paid earlier i.e. Rs. 2,25,000/ - along with interest. Thereafter, this consumer complaint was filed.