Mr. Justice S.K. Dubey, President--This appeal is directed against the order dated 24.6.1999 passed in Case No. 167/1998 by the District Consumer Disputes Redressal Forum, Indore (for short the "District Forum") whereby the complaint for deficiency in service that despite of purchase of Holiday Tourist Resorts on payment of Rs. 38,000/- and the balance of Rs. 1,52,000/- was to be deposited in 12 monthly instalments in which a special remission of Rs. 30,000/- was given to the respondent. Thus, the total amount of Rs. 1,22,000/- was paid by the respondent to the appellant, but, the accommodation in Holiday Resorts was not provided to the respondent by the appellant every year for a week at the different tourist places, hence the District Forum ordered to return the amount of Rs. 1,60,000/- with interest thereon at the rate of 12 per cent per annum from the date of deposit and Rs. 5,000/- as compensation for mental pain and sufferance.

2. After hearing learned Counsels for the parties, we are of the opinion that it is not necessary for us to deal with the question on merits in view of the decision of the National Commission in Punjab Tourism Development Corporation Ltd. & Anr. v.