(1.) HEARD Mr. Anand Dubey, Advocate for the appellant and Mr. Ronak Shah, Advocate for the respondent. The order dated 31/03/2011 passed in consumer complaint No. 448/2010 by District Forum, Pune has been challenged by the original opponent. The original complainant is the respondent. At the stage of admission, we heard finally with consent of both the parties.
(2.) THE original complainant has filed complaint stating that he has deposited amount of Rs. 5 Lakhs on 28/11/2008 and there was an agreement executed with the opponent providing a Membership of 30 years and per year two major persons and two children will be given facility to stay in the Resort owned and possessed by the appellant through out the country. It was further agreed that the plot of 5000 sq. ft. was to be given to the complainant and stamp duty and registration charges were recovered from the complainant and thus, amount of Rs. 75,000/ - was paid to the opponent. Since, facilities as per the agreement were not provided for and the amount paid was not refunded, the complaint was filed. Admittedly, the appellant is a service provider and they have a chain of Hotels and Resorts through out the country.