ASHWANI KUMAR Vs. ASIA RESORTS LIMITED

JUDGEMENT

(1.) THESE three first appeals are directed against the judgments and order dated 21.4.2004 passed by the District Consumer Disputes Redressal Forum -I, U.T., Chandigarh (for short hereinafter to be referred as District Forum) vide which the consumer complaints bearing Nos. 844, 843 and 842 all of 2003 were dismissed.

(2.) AN appeal bearing No. 128 of 2005 against the judgment and order of the District Forum -I, U.T., Chandigarh on 21.4.2004 in complaint case No. 841 of 2003 was filed by the consumer complainants, which came up for hearing before this Commission on 8.7.2005 and the same was dismissed in limine on the ground that the fixation of utility charges being unreasonable and excessive cannot be gone into by the Consumer Disputes Redressal Agencies and the action of the respondent in not allowing withdrawal from the time share cannot be termed as deficiency in service and the remedy regarding the withdrawal and refund of the time share and its value would lie before a Civil Court of competent jurisdiction.

(3.) WE have perused the impugned judgments and order of the District Forum as also the judgment and order passed by this Commission in appeal No. 128 of 2005 and find that the dispute involved in these three first appeals is squarely covered by the decision aforesaid rendered in appeal No. 128 of 2005 and resultantly the first appeals are dismissed in limine. Let copy of this order be placed on record of other two appeals bearing Nos. 134 and 135 both of 2005. Copies of this order be sent to the parties free of charge. Appeals dismissed.