ASHOK LOBO Vs. PRESIDENT CATHOLIC CLUB

JUDGEMENT

(1.) AGGRIEVED by order darted 30.6.2011 passed by Karnataka State Consumer Disputes Redressal Commission, Bangalore (for short ?State Commission?), petitioner has filed an appeal under Section 15 of the Consumer Protection Act, 1986 (for short ?the Act?). However, second appeal before this Commission is not maintainable but treating it as a revision petition, it has been taken up for hearing.

(2.) BRIEF facts of this case are that petitioner/complainant intended to become member of the Respondent/ OP Club. In that regard he paid Rs.35,000/- towards membership and Rs.3,605/- as service tax on 6.6.2008. Respondent assured him the Club Membership. Though petitioner waited patiently, he was not allotted with the said membership. On the other hand, some other persons who applied for the membership during that time were admitted. Repeated requests and demands made by the petitioner to respondent went in vain. Respondent arbitrarily enhanced the membership charges to Rs.50,000/- and so also service tax without there being any substantial basis. The approach of respondent is not fair and honest. Though petitioner is eligible to become the Club Member he was not considered. Due to hostile attitude of the respondent, Petitioner for no fault of his, is made to suffer both mental agony and financial loss. Hence, he felt deficiency in service. Accordingly, he filed a complaint before District Forum.

(3.) AGGRIEVED by the order of District Forum, petitioner filed an appeal before the State Commission which vide impugned order, dismissed the appeal of the petitioner. Hence, this revision.