Legal Question in Consumer Law in India

sir, we want your valuable comments on this public complaint,please guide us what we have to do to go to consumer court or prepare for PIL in high court delhi.

hope we will get your reply soon

thanks

Sh. V.V. Bhat, IAS

Chairman

DSIIDC

Sh. Chetan Bhushan Sanghi, IAS

Managing Director

DSIIDC

Sub: Regarding Grievance of Members of PSK, Laxmi Nagar, Delhi

Dear Sir,

1) Sir, this is to bring to your kind knowledge, on behalf of 25 esteemed members - that in the year of 2005 DSIIDC had published an advertisement in all leading newspaper and invited the application to the general public to become member of PSK, so, on the reputation of DSIIDC we opted the membership of PSK. We understand that the Trans Yamuna Board, under the aegis Deptt. of Urban Development, Govt. of Delhi, has financed and was to run PSK (Poorva Sanskriti Kendra), a social-cultural complex at Laxmi Nagar, Delhi which was visualized by professionals of DSIIDC, based on pattern of IHC (India Habitat Center).

2) PSK was inaugurated in early 2005 and the Sarovar Park Plaza Hospitality (P) Ltd a star hotel chain was in charge of the hospitality of PSK, which was also to take care of areas exclusive to members like GYM, BAR, BILLIARD ROOM, INTERNET CAF� AND A LIBRARY. Now we understand it is currently being operated & managed by another private operator M/s G & S Sarovar Park Plaza Hospitality (P) Ltd. The operator to whom the contract was originally given to i.e. M/s Sarovar Park Plaza Hospitality (P) Ltd has fraudulently been eased out and replaced by M/s G & S Sarovar Park Plaza Hospitality (P) Ltd. The similarity in the name of the original operator and the current operator talks a lot about the manner in which the fraud has been perpetuated not only on the members but the public at large.

3) With above background, it is to submit and also bring to your kind notice that PSK is not being managed & operated well due to which it stands no where near IHC on whose pattern it was visualized by DSIIDC. The current operator in has slowly and stealthily converted the same into a marriage and function complex i.e. BARAAT GHAR and now it open to all and anybody can use the Members area which were earlier meant only for members.

4) Even we do not know as to whom to approach for problems being faced by us .We became members based on the fact that DSIIDC was going to be running the PSK. The PSK is now being run on the whims and fancies of the private operator M/S G & S Sarovar Park Plaza Hospitality (P) Ltd., who has found the easiest method of making money by converting the entire premises as a Baraat Ghar at night having as many as 5 consecutive functions such as Marriages/Receptions/Ladies Sangeet and the like at night and a training institute in the day and instead of ensuring that the members are given their rightful place they have started dissuading us from coming to the PSK by imposing on us unpopular and arbitrary decisions leaving us with no choice be it in any facilities, rates, quality, and quantity of menu for the dinner and bar, please note there is not provision of tea /light snacks or breakfast and even lunch for members.

5) As members we are more than willing to pay Rs 1500/- as an annual maintenance charge of PSK, but not for maintenance of BARAAT GHAR, so lot of members are not ready to deposit their dues. is this why the PSK has been built at a phenomenal cost to the tax payers as well as the members??

6) There is no system of monthly meetings in between Management and Members for collecting suggestions to improve facilities. The GM acts like a de-facto dictator who is totally closed to any form of Communications leave aside any redressal of complaints. Even OSD appointed by DSIIDC conveniently shows his helplessness in every matter because he says he has no power to do anything. We have all reasons to believe that he is also a part of this conspiracy.

7) There has been some resistance from the members to prevent the operator from taking actions contrary to the benefit and rights of the members such as facilities in the Gym and Spa, exclusive usage of areas reserved for the members etc. This has resulted in a sinister plan by the operator to destroy the very purpose of the resistance by:

i) Downgrading the Gym by not getting the Gym equipment serviced on time so that it ultimately becomes unserviceable. Two treadmills out of the three are out of order for months; all of them are obsolete and he claims that the parts are not available now.

ii) Dangerous conditions such as short circuit. One member miraculously got his life saved when he got electrocuted in the Steam Area.

iii) A Yoga Instructor who became popular was so much troubled by non payment of her salary that she left the PSK.

iv) The exer-cycle is lying non usable.

v) Arbitrarily changing of fees structure by their own resulting at least 40 members who have already left the PSK gym recently and have joined other gyms which offer better facility in similar / less price.

vi) One can gauge the mind of the operator that he does not even get the nuts and bolts of the multi-gym tightened so that they may worn off and render the equipment unworthy of any usage. The wooden floor which always requires timely maintenance has been left to break at number of places as no maintenance is being done.

vii) In spite of many complaints the GM purposefully leaves the lifts stinking in the morning, due to movement of garbage and one can find leftovers of the previous night parties on the floor. A lot of times the lifts are not even working. All this to dissuade the members from using the gym that being on 2nd floor and parking in the basement.

viii) When we started writing the complaints in the members attendance register the same was promptly replaced by loose sheets of paper so that there is no record.

ix) It will be a simple issue of the DSIIDC to review the Gym membership over the past few years and see the drop in the same. Incase the DSIIDC needs to investigate deeper, and then they may call any member at random and take the feedback. Loss of Gym membership revenue is also a loss to DSIIDC!!

We have tried talking to the GM of the PSK and instead of understanding the problems he threatened that he will create such conditions that the members not only would be forced to leave the gym but will forget PSK.

We must congratulate the GM, PSK that he has succeeded in doing exactly that and now there are very few members in the Gym. As last nail he has now started allowing even the non members in the gym leaving out the members who not only paid a hefty amount as membership but pay an annual charge also. In any case, the non members would also be leaving as the facilities are really rotten now. He says that GYM / BAR does not fit into the core interest of the management of PSK so there is no possibility of any funds being released for the same.

The conditions are so desolate that it became a sick unit and it is shameful for us to being a member of so called PSK we are on the mercy of operator so in that condition we have been forced to leave the Gym and Spa and take memberships elsewhere.

a) It is prayed that senior officers from DSIIDC/ Delhi Govt. are advised at the earliest to undertake on the spot through Audit/ Review of existing facilities & current operating philosophy of PSK v/s what was conceived/ visualized earlier by DSIIDC and get needful corrected/ implemented so that PSK can also become pride of Govt of Delhi, like IHC, much before Commonwealth Games starts. It is also suggested to have regular inspections of PSK by DSIIDC so as to exercise checks & controls on private operator who is managing it.

b) DSIIDC has granted & is maintaining memberships after collecting entrance & annual subscription fees ranging up to Rs.25,000 and the above private operator is collecting fees for health club (Gym & Spa) apart from collection from the other facilities. We also have reasons to believe that there is a major misappropriation of the annual fees and other sources of revenues. We were made to believe that there is an arrangement of sharing of all the revenue generated by the PSK.

c) We would like to inform you that the current operator of the PSK has perfected a mechanism by which it pockets most of the revenue leaving little to PSK. Infect we have also been told to deposit our annual fees in the name of M/s G&S Sarovar Park Plaza instead of depositing into PSK A/c DSIIDC. The caretaker of PSK, appointed by DSIIDC to ensure that there is no revenue loss, has conveniently shut his eyes for the reasons best known to him. A new caretaker needs to be appointed and we suggest that he should hold proper meetings with the members where the points are officially minuted and submitted to the DSIIDC.

d) We hope a well appointed members committee will go a long way in creating accountability and be an exemplary model of our beloved Chief Minister�s initiative of �Bhagidari� which calls for transparency and Citizen-Government Partnership in Governance.

Hope above message is for mutual benefit of both DSIIDC and PSK�s members. Further feedback can be taken if required, by calling meeting of members at PSK premises.

Submitted for your kind consideration.

by

Members of PSK

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