RCI INDIA PVT. LTD Vs. SURESH RAJ R.

JUDGEMENT

(1.) This revision petition has been filed under Section 21(b) of the Consumer Protection Act, 1986 against the impugned order dated 3.10.2008, passed by the Andhra Pradesh State Consumer Disputes Redressal Commission (for short 'the State Commission') in FA No. 1177/2008, RCI India Pvt. Ltd. v. Suresh Raj R. & Ors., vide which, while dismissing appeal, the order dated 14.7.2008, passed by the District Consumer Disputes Redressal Forum-II, Hyderabad, allowing the consumer complaint No. 79/2007, was upheld.

(2.) Briefly stated, the facts of the case are that the complainants/respondent Nos. 1 and 2 filed the consumer complaint in question, saying that they purchased Time-Share Membership from OP-l/respondent-3, M/s. Gemawat Resorts Ltd. for their Project, "The Village" through their authorised marketing agentM/s. Crown Concept Marketing, Hyderabad under an agreement dated 6.1.1999. The total purchase price was Rs. 1,70,000 with Rs. 8,000 as legal and administration fee. A sum of Rs. 52,000 was paid through cheque oh the date of agreement and the balance amount was paid in six monthly instalments of Rs. 16,750 each. The OP-1 informed them through letter dated 23.10.1999 that complainants were admitted as their members and they had also been enrolled as members of the petitioner/OP-2, M/s. RCI India Pvt. Limited vide membership No. 391600256. The complainants received RCI Kit and Membership Card from petitioner/OP-2 and were made to understand that the membership of the RCI would be for a period of 33 years. The complainants paid the Annual Maintenance Charges to OP-1 as demanded by them from year to year. The complainants have further stated that they visited the said Resort in the year 1999, but they were shocked to see that there were no facilities at all and they had to return back. When questioned, OP-1 informed them that they had not paid the total amount for the membership. OP-1 issued them a notice

(3.) The District Forum after taking into account the evidence of the parties allowed the complaint vide their order dated 14.7.2008 and directed OP-1 and OP-2 to pay the amount of Rs. 1,61,272, jointly and severally, along with interest. 9% p.a. from 17.1.2007 till the date of payment. The OPs were also directed to pay an amount of Rs. 25,000 as compensation of Rs. 1000 as cost of complaint. An appeal was made against this order byOP-2/thepresentpetitioner before the State Commission and the State Commission vide impugned order dated 3.10.2008 upheld the order of the District Forum. It is against this order that the present petition has been made.