STATE CONSUMER DISPUTES REDRESSAL COMMISSION, MAHARASHTRA, MUMBAI APPEAL NO.A/19/1009 (Arising out of order dated 02/07/2019 passed by the District Forum, Pune in CC/17/542)

Mr.Mallikarjun Mahadev Birajdar .......

R/at -Flat no.K-5/304, Katepuram-II Appellant/org.complainant Katepuram Chowk, Pimple Gurav Pune 411 061 Versus Priority International Holiday Club Pvt.Ltd.

Through its Manager Disha Apartment, Office no.11 ………Respondent/org.OP Survey No.148/150/151, Plot no.17 MP1, Sanghvi Kesari Road Opp.Woodland, Aundh, Pune 411 007 BEFORE: Justice S.P.Tavade – President Vijay C.Premchandani – Member PRESENT: Advocate Raghavendra B.Kulkarni present for appellant.

None present for respondent.

FINAL ORDER/JUDGMENT (Dt.11/02/2025)

Per Hon’ble Vijay C.Premchandani – Member

1. The present appeal is filed by the appellant/original complainant against the impugned order passed in CC/17/542 by the Ld. District Consumer Commission, Pune. The impugned order was passed as on 02/07/2019, whereby the Ld.District Consumer Commission has dismissed the consumer complaint.

Brief facts of the case:

2. The appellant is the original consumer of the respondent/OP. In the year 2016, the original OP contacted the present appellant, wherein appellant won the lucky draw and was called for the meeting and offered membership of the Club with number of benefits on paying a sum of Rs.70,000/-. The appellant paid a sum of Rs.70,000/- towards the membership and entered into an agreement with the OP. The OP not followed the promises made under the said Agreement and continued to cause unfair trade practice and deceived the appellant. Therefore, the appellant/org.complainant filed the consumer complaint bearing no.CC/17/542 before the Ld. District Consumer Commission, Pune, for seeking the refund of the amount paid and damages/

compensation from the OP.

3. The OP appeared and filed the written statement and denied the contentions and allegations made by the original complainant. During the pendency of the complaint, OP approached to the complainant to settle the dispute out of the Court by paying certain amount in two installments to the complainants. But the OP did not follow their words. After hearing the original consumer complaint as on 01/07/2019, the Ld.District Consumer Commission had kept the matter for orders. The Ld.District Consumer Commission as on 02/07/2019 passed an order dismissing the consumer complaint. Being aggrieved with the said order, the original complainant i.e. present appellant has preferred this appeal with following grounds:

GROUNDS OF APPEAL:

4. The appellant submitted that the Ld.District Consumer Commission has not considered the contentions made by the original complainant/appellant that the OP had promised to give services pertaining to the Vacation trip, booking of the hotels, Gymnasium, AC Halls, can service from airport/station to hotel, free banquet halls, free health club facilities and priority Lounges but the same has not been fulfilled by them. The OP refused to share the list of hotels, plan of vacation and fixing of locations. The complainant had also made communication with the OP to provide the complete package of the vacation but the said services have also not been provided to the complainant. Hence, the complainant requested the OP to cancel their membership and refund the amount. The same has not been done. Therefore, complainant filed the consumer complaint before the Ld.District Consumer Commission for unfair trade practice and deficiency of service. However, the Ld.District Consumer Commission did not consider the said aspect and dismissed the consumer complaint only on the ground of the agreement executed between the original complainant and the OP.

5. The OP failed to appear after filing of the written statement and also failed to lead evidence to prove their contentions of their defence. Hence, the appellant prayed that the appeal may be allowed and the order passed in the original consumer complaint may be set aside in