BEFORE THE HON'BLE CONSUMER DISTRICT COMMISSION, ERNAKULAM
Dated this the 12th day of November, 2024
Filed on: 08.06.2020
PRESENT:
Shri. D.B. Binu President
Shri. V. Ramachandran Member
Smt. Sreevidhia T.N. Member
C.C. NO. 138/2020
COMPLAINANT
Sajan Antony, S/o P.J. Antony, Poikkunnel House, Post Office Nedunkandom, Pin-685553. Ph.No.9446030035
Communication Address:
Sajan Antony, Poikkunnel House, Pazhoor Road, Kozhikkadan Pady, Kanjoor P.Ο., Ernakulam
V/s
OPPOSITE PARTY
Anupama Babukkuttan, W/o Babukkuttan, Nandalayam House, (TC.43/1535/1) GNRA 3, Vallakkadavu, Mattathara Village, Trivandrum.
(Rep. by Adv. R. Sunil Kumar, A. Salinilal, Arun Krishna & Meenu M. Paulson, Room No. 411, High Court Chamber, Kochi 31)
FINAL ORDER
D.B. Binu, President
1. A brief statement of facts of this complaint is as stated below:
This complaint was filed under Section 12 of the Consumer Protection Act, 1986. The complainant had been residing with his family in a flat owned by the opposite party for five years, paying a monthly rent of Rs. 14,500 and having deposited Rs. 37,500 as an advance. In 2018, the complainant also paid Rs. 45,000 for repainting the flat. The rent and monthly maintenance fees were duly paid for five years until March 2020. However, due to the financial difficulties caused by the COVID-19 pandemic, the complainant requested a one-month delay in paying the rent for March 2020. Despite this request, the opposite party insisted that the rent be paid by April 5th or the flat be vacated.
During the lockdown, it was challenging for the complainant to relocate or travel to his house, so he borrowed Rs. 10,000 from friends and made a partial payment on April 24th. The opposite party, however, threatened to cut off the electricity and water supply to the flat and to remove the complainant’s belongings if the full rent was not paid. Fearing humiliation and defamation, the complainant vacated the flat on May 5, 2020, and shifted his belongings to a temporary office space. The flat’s key was handed over to the President of the Residence Association on May 6th, as directed by the opposite party.
The complainant asserts that he had undertaken maintenance and painting work on the flat during his tenancy, which should have been done by the opposite party. The opposite party had assured the complainant that the expenses for the painting work would be reimbursed along with the security deposit. However, after vacating the flat, the complainant was asked to pay maintenance charges until May 31st but was denied the return of the security deposit and reimbursement for the painting work. Despite multiple requests, the opposite party has refused to settle the dues, leading the complainant to file this complaint, seeking the return of the outstanding amounts, compensation, and costs.
2. NOTICE:
The Commission issued notice to the opposite party, who appeared and filed I.A. 589 of 2024 to challenge the maintainability of the complaint. The opposite party also approached the Hon'ble High Court. After 20.11.2021, the complainant was continuously absent before the Commission for the hearing on I.A. 589 of 2024. No reply was filed against I.A. 589 of 2024 by the complainant to challenge the maintainability of the complaint
The opposite party, in her defence, filed a preliminary objection challenging the maintainability of the complaint, arguing that the dispute falls under the jurisdiction of the Rent Control Court, as it pertains to a landlord-tenant relationship governed by the Kerala Buildings (Lease and Rent Control) Act, 1965.
The primary issue for determination is whether this Commission has jurisdiction to entertain the present complaint, which pertains to a dispute between a landlord and a tenant regarding rent, security deposit, and property maintenance.
3. Jurisdiction of Commission:
The Consumer Protection Act, 1986 (now replaced by the Consumer Protection Act, 2019) provides for the protection of consumers and the redressal of their grievances against deficiency in service or unfair trade practices by service providers. However, the definition of “service” under Section 2(42) of the Consumer Protection Act, 2019, does not encompass disputes that arise purely out of a landlord-tenant relationship, which is governed by special laws like the Kerala Buildings (Lease and Rent Control) Act, 1965.
The disputes arising out of the relationship between landlord and tenant are outside the purview of the Consumer Protection Act, as these are governed by specific legislation (Rent Control Acts), and the appropriate forum for such disputes is the Rent Control Court.
4. Nature of the Dispute:
The present dispute involves issues related to non-payment of rent, return of the security deposit, and alleged damages to the property—matters that are clearly within the domain of the Rent Control Court. The Kerala Buildings (Lease and Rent Control) Act, 1965, provides a comprehensive mechanism for resolving such disputes, including issues of eviction, recovery of rent, and compensation for damages.
5. The High Court’s Direction:
The opposite party approached the Hon’ble High Court of Kerala, which directed this Commission to consider the question of maintainability as a preliminary issue (WP(C) 15818 OF 2020). Upon examining the facts and the nature of the dispute, it is evident that the matter pertains to a landlord-tenant relationship, and hence, this Commission lacks jurisdiction to entertain the complaint.
Conclusion:
Given the above legal analysis, it is clear that the dispute between the complainant and the opposite party is civil, specifically related to a landlord-tenant relationship governed by the Kerala Buildings (Lease and Rent Control) Act, 1965. This Commission does not have jurisdiction to entertain such disputes.
ORDER
The complaint is hereby dismissed for want of jurisdiction. The complainant is advised to seek appropriate remedies before the Rent Control Court or any other competent authority as per the applicable laws.
No order as to costs.
Pronounced in open court on this the 12th day of November, 2024.
Sd/-
D.B.Binu, President
Sd/-
V. Ramachandran, Member
Sd/-
Sreevidhia.T.N, Member
Forwarded/By Order
Assistant Registrar
Despatch date:
By hand: By post
kp/
CC No. 138/2020
Order Date: 12/11/2024
