State Consumer Disputes Redressal Commission
M/S Ski & Snow Resorts Pvt. Ltd. vs Mr. Gajendra on 25 January, 2006
A. Filed on 23.06.04 Disposed on 25.01.06 BEFORE THE KARNATAKA STATE CONSUMER DISPUTES ' REDRESSAL COMMISSION, BAN . DATED: gg/01/2006 PRESENT THE HON'BLE M'.R.J'USTICE CI-IANDRASHEKARAIAH : PRESIDENT SRI.J.N.SRINIVASA MURTI-IY : MEMBER SMT.R.AMA ANANTH : MEMBER Appeal No. 968/ 2004 1. M / s SKI 85 Snow Resorts Pvt. Ltd. Rep. by its Managing Director, Mr. Atul Shanna, Station Road, Ramanagar District, Nainital, U.P. .....Appe11ant/s (By Shri/ Smt BEAULA Advocates 85 Solicitors ) R -Versus- 1. Mr. Gajendra 2. Smt. Anitha Both are residing at No. 18, 2nd Cmss, Sai Baba Nagar, Srirampuram, Bangalore -- 560 02 1. . . . . Respondent] 5 (By Shri/ Smt Veeranagappa M ) ORDER
JUSTICE CHANDRASHEKARAIAH, PRESIDENT This appeal is by the OP challenging the order of the DF allowing the complaint of the complainant.
The facts in this case are as follows:
Having attracted by the advertisement issued by the OP the complainant has paid a sum of Rs.69,917/- and purchased time share vacation owners 'p in the resort to be constructed by the CPS. As per the agreement the resort is likely to be made ready and operational by -the end of 1998. Unfortunately from the correspondence it is seen that the resort was not started even by the end of 1998. This has made the complainant to file the complaint against the OP seeking for a direction to refund the amount Since the OP has not completed the construction of resort by the end of 1998 and it Was not operational from 18* Janualy 1999 in our View instead of going into the other evidence the DF is right in allowing the complaint of the complainant. In the result, We pass the following:
0 R D E R Appeal is dismissed.
MEMBER MEMBER PRESIDENT I1.I'.I' NATIONAL CONSUMER DISPUTES REDRESSAL COMMISSION NEW DELHI REVISION PETITION NO. 1052 OF 2006 (From the order dated in Appeal No. of the State Commission, ) I\/I/s. Ski & Snow Resorts Pvt. Ltd. Petitioner Versus I Certified to be true copy Gejendera & Anr. RIespondents 'II0\>/I K Section Officer t National iI3ou:vum»:3r D1sPuI5S ___aEroRE :
HON'BLE MR. JUSTICE M.B. SHAH, P E For the Petitioner : Mr.S.K. Vashisht and Mr.A.K. Mittal, Advocates 05.05.2006 O R D E R Heard the learned counsel for the petitioner. The impugned order passed by the State Commission confirming the detailed order passed by the District Forum does not call for interference. The District Forum has discussed the aspect that the resort was not ready or operational tiII August 1999. Hence, this Revision Petition is dismissed.
Sd/--
............................... ..J. I (M.B.SHAH) PRESIDENT