COUNTRY CLUB INDIA LIMITED Vs. M.B.R.PRASAD

JUDGEMENT

(1.) WE do not find any ground for interfering with the order of the Hyderabad District Forum -II in C.D. No. 610/1999 dated 3.1.2000 sought to be questioned by the opposite party in that C.D. The complainant is the respondent in this appeal.

(2.) IT is not in dispute that the complainant applied for membership of the appellant club i.e., the Country Club, on 26.6.1996 and that he paid a sum of Rs. 25,000/ - which was in fact realised by the appellant on 2.7.1996. The grievance of the complainant was that the complainant did not receive any membership card and that he was not allowed to utilise the facilities of the club. He addressed letters dated 26.3.1997 and 8.11.1997 to Chairman and Managing Director of Amrutha Hotels Pvt. Ltd. which was owning the Country Club at that time. As he did not get any proper response he also got issued legal notice dated 29.12.1997 to which also he did not receive any reply. He, therefore, approached the District Forum alleging deficiency in service and requesting for a direction to the opposite party to refund the amount of Rs. 25,000/ - together with interest from the date of payment i.e., 2.7.1996. Infact he demanded for the same in his letters and legal notice.

(3.) THE appellant filed a counter before the District Forum through its Chairman and Managing Director. It is stated therein that the complainant was not given full facilities because he did not submit the photographs of himself and the members of his family as required by rules for issuance of laminated membership card. It is further stated that the complainant was given a temporary membership card to avail some of the facilities of club. It is also contended in the counter affidavit of the Chairman as follows : The letters addressed to Amrutha Castle have nothing to do with the opposite party club as the administration of both the organisations are different though they are under one holding Company. The complainant knowing well that the administration of the affairs of the opposite party club are being dealt by the office of the club itself which is located in the club, so question of addressing letters to Amrutha Castle is nothing but a malafide intention on the part of the complainant to creat an evidence as against the opposite party. The complainant having submitted form to the opposite party should have corresponded with the manager of the club. 