kumar ajinkya (service) 17 February 2019

Unfair trade practices/ deficiency in service

I am fighting a case in consumer forum as party in person and need advise on the same.

A has three clubs - A1,A2,A3 in three different cities. A offers a combined membership plan where a customer who buys membership of one club automatically becomes a FULL member of the other two clubs at no extra cost.

A sells club A1 to B and B agrees to honour the membership of existing members of the club.

Is B liable to honour the membership of the members of all three clubs (A1/A2/A3) or only A1.

Please advise on this matter and also let me know if there are any case laws relevant to this matter.

Thanks in advance for your help.

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2 Replies

Vijay Raj Mahajan (Advocate) 17 February 2019

B is liable to honour the membership of of all the three clubs as was originally agreed by A with all his members of all 3 clubs.

kumar ajinkya (service) 17 February 2019

Thanks for your advice Mr Mahajan. This is my contention before the court. However (during arguements), the judge appeared to be of the opinion that B has no liability towards members of club A2 and A3.

Can you advise of any judgement which can strengthen my contention?