State Consumer Disputes Redressal Commission
Darshan Singh vs The Club Director, Ashok Platimum, ... on 12 December, 2006
IN THE STATE COMMISSION : DELHI IN THE STATE COMMISSION : DELHI (Constituted under Section 9 clause (b)of the Consumer Protection Act, 1986 ) Date of Decision: 12-12-2006 Appeal No. A-563/2003 (Arising from the order dated 04-04-2003 passed by District Forum(New Delhi), K.G. Marg, New Delhi in Complaint Case No.OC/40/2002) Darshan Singh, Appellant 12-A/39, W.E.A., Karol Bagh, In person. New Delhi. Versus The Club Director Respondent Ashok Platimum, Ashok Hotel, New Delhi. CORAM : Justice J.D. Kapoor- President Ms. Rumnita Mittal - Member
1. Whether reporters of local newspapers be allowed to see the judgment?
2. To be referred to the Reporter or not?
JUSTICE J.D. KAPOOR, PRESIDENT (ORAL) For denying facilities of complementary dining, bar, special Ashok Platinum club room privileges against membership of Ashok Platinum Card of the respondent Club, the appellant sought compensation as well as refund of the amount of Rs. 6,000/- paid by him for membership with interest.
2. Vide impugned order dated 04-04-2003 the District Forum dismissed the appellants complaint on the ground that appellant did not explain as to how he calculated the membership from 01-01-2001 to 31/12-2001 when calculated from 06-11-2000 the membership expired on 05-11-2001 and therefore he was not entitled for any of the aforesaid privilege.
3. Feeling aggrieved, the appellant has preferred this appeal.
4. Case of the appellant, in brief, was that he was offered a membership of Ashok Platimum and paid Rs. 6,000/- and accepted the offer. The period of membership was from 01-01-2001 to 31-12-2001. This card entitled the facilities of complementary dining, bar, special Ashok Platinum Club room privileges.
It was also informed that all privileges card together with embossed card will follow but nothing was received by the appellant. Appellant is a practising Advocate and has not found time to avail of the privileges before December 28, 2001 and wanted to avail privileges for two days from 28-12-2001 to 31-12-2001 and on receipt of telephonic confirmation from respondent, he landed at Ashok Hotel with his wife around 4.30 P.M. and when approached the respondent he was informed that membership of appellant had already expired on 15-12-2001 and refused to entertain him.
5. Even if the aforesaid allegations of the appellant are assumed to be correct the only relief the appellant is entitled to refund of the amount of Rs. 6,000/- besides Rs. 2,500/- as cost of litigation as after confirming the privileges, respondent refused to entertain the appellant.
6. Appeal is partly allowed to the aforesaid extent. Payment shall be made within one month
7. F.D.R./Bank Guarantee, if any, furnished by the appellant be returned forthwith after completion of due formalities.
8. A copy of this order as per the statutory requirements, be forwarded to the parties free of charge and also to the concerned District Forum and thereafter the file be consigned to Record Room.
9. Announced on the 12th December, 2006.
(Justice J.D. Kapoor) President (Rumnita Mittal) Member jj