The main legal point established is that in cases of membership cancellation and alleged deficiency in service, the court will consider the actions and communications of both parties to determine the presence of any deficiency.

ORDER

K.C. Gupta, President - This appeal has been directed by the complainant against order dated 12.5.2008 passed by Consumer Disputes Redressal Forum-I, U.T. Chandigarh (hereinafter to be referred as District Consumer Forum), whereby her complaint was dismissed.

2. Briefly stated the facts are that appellant (complainant) had taken membership of the club known as Mahindra Holidays and Resorts India Ltd. She was allotted membership No. 255443 and a certificate of membership dated 13.9.2006 was issued to her. She had got her reservation done in advance but she had to wait along with her family for three hours for check in at the resort despite the fact that she had advance reservation. Fed up with the behaviour of the respondents, she moved an application on 7.8.2006 for cancellation of the membership of the club and even served notice but her membership was not cancelled.

3. Respondents contested the allegations of appellant and stated that she had made reservation for one week complementary holiday at Goa on 29.11.2006 for the period 25.2.2007 to 4.3.2007 and she was confirmed the reservation for above said period vide voucher No. 119946. However, without informing she checked in to the resort on 26.2.2007 at around 7.25 a.m. which was much before the check-in-time of 1400 hours which was clearly intimated to the appellant and was also stated clearly on the confirmation voucher No. 119946. They next stated that as per rules in the confirmation voucher it was clearly mentioned that the room would be held upto 1800 hours unless otherwise is intimated by the guests. Despite this appellant checked in without prior intimation and further arrived 7 hours before the normal check up hours. However, they made efforts to accommodate her and to allot a room. One bed room was arranged within earliest possible time after upgrading her membership entitlement. Since, appellant was supposed to turn up on 25.2.2007 but as she did not turn up till 1800 hrs., so, her booking was cancelled. Even one bed room apartment was allotted to her much before the permissible check-in-time of 1400 hours. They denied other allegations and stated that despite termination of the membership with effect from 7.8.2007 she had already enjoyed benefit approximately of Rs. 73,500 in the shape of Samsung mini D.V. Camcorder worth Rs. 20,000, food voucher Rs. 4,000 and free stay at Goa Rs. 49,500 inclusive of tariff for studio apartment for 25.2.2007 against payment of Rs. 72,636 towards membership fee till date. They next stated that no EMI was released after 7.8.2007 i.e. the date of cancellation of membership. Therefore, they stated that there was no deficiency in service and the complaint should be dismissed.

4. Parties adduced evidence by way of affidavits.

5. After hearing Counsel for the parties, District Consumer Forum vide order dated 12.5.2008 dismissed the complaint as merit less.

6. Aggrieved by the said order, complainant has filed the present appeal.

7. We have heard Counsel for appellant Mr. Sandeep Goyal, Advocate, Counsel for respondents Mr. Ashim Aggarwal, Advocate and carefully gone through the file.

8. Counsel for appellant has placed reliance upon copies of e-mail and argued that she had intimated to the respondents on 21.2.2007 that she would be reaching at 6.00 a.m. on 26.2.2007 and the respondents had confirmed this fact of receipt of e.mail. However, respondents had denied this fact. Otherwise also this appears to be an after thought because it is not mentioned in the pleadings at all that through e-mail she informed respondents on 21.2.2007 that she would reach on 26.2.2007. It is not mentioned in the complaint that the respondents had agreed to arrange vehicle for picking her up from the airport. It is simply mentioned in para-3 of the complaint he had waited despite the fact that there was an advance reservation. Mere advance reservation does not mean that respondents had come to know that she would arrive late i.e. on the next date and that she