TOSHALI RESORTS INTERNATIONAL Vs. RAJENDRA SINGH BAPNA

JUDGEMENT

(1.) THIS appal is by the opposite party, Toshali Resorts International, aggrieved by the order dated 31.10.2005, passed by District Consumer Disputes Redressal Forum, Indore, directing them to pay Rs. 68,357 with 9% interest and costs Rs. 500.

(2.) THE brief facts, as depicted by the respondent, are that lured by the claims of the appellant, he signed an agreement with them for membership of a 4 star time sharing resort, on 4.11.2001. He paid Rs. 68,357 as total membership price. His main allegations are that when he visited Toshali Sands, Puri, in October 2004, he found that the resort was below standard and did not have a 4 star certification. Secondly, as against their agreement of allowing 2 adults and 2 children free, he was charged for the children. Thirdly, he avers that though he had paid one -time membership fees and was also paying for yearly maintenance, he was wrongly made to pay for common facilities at the resort.

(3.) THE appellant, in their reply before the Forum, denied all the allegations. They aver that the resort at Puri was duly approved as a 4 star resort by the Department of Tourism, Govt. of India. They further state that the respondent opted for a studio apartment. The membership agreement clearly states that the maximum occupancy in a studio appartment is for two persons. The agreement also states that other than one time payment, he would have to pay for management charges and other utilities during occupancy.