D.O.F:20/08/2022
D.O.O:28/06/2024
IN THE CONSUMER DISPUTES REDRESSAL COMMISSION KASARAGOD
CC.195/2022
Dated this, the 28th day of June 2024
PRESENT:
SRI.KRISHNAN.K : PRESIDENT
SMT. BEENA. K.G : MEMBER
Saimon. M.T,
S/o Thomas M.T,
Mavelil House,
Bappunkayam,
Panathur, Kasaragod Dist- 671532 : Complainant
And
Benny. T.J
S/o Late John
Tazhuppilparambil
Panathur, Kasaragod Dist- 671532. : Opposite Party
(Adv: A Gopalan Nair).
ORDER
SRI. KRISHNAN.K : PRESIDENT
The facts of the case is that the complainant and his family engaged in cultivating vegetables and such other items to maintains their livelihood. Cultivation was done in the land of Opposite Party No:1, on ground rent of Rs. 35,000/- every year, as per consent letter dated 25/05/2019. Opposite Party refused to continue the lease from21st January 2022. He lost the seeds and suffered the damage. He prays permission to continue to collect usufructs till 30/05/2023 and damages of 3 Lakhs.
2. The Opposite Party filed his version denying the agreement. The complainant is a coolie worker property of Opposite Party is very near to the residence of complainant. Except this there is no other connection. The Opposite Party prays complaint to be dismissed.
3. The complainant filed affidavit and cross examined as Pw1 Ext A1 consent letter, Ext A2 Aadhar card, Ext A3 is pen drive is not accompanied by 65(B) certification evidence consists of Pw1 to Pw4 from complainant side. Opposite party produced Ext B1 and B2. B1 is training certificate, Ext B2 is recovery notice. Dw1 to D3 evidenced from opposite Parties side.
Following issues arise in the case.
- Whether there is any consumer dispute by hiring services?
- Whether there is any deficiency in service from Opposite Party?
- Whether complainant entitled for any of the reliefs?
All points are discussed together for convenience.
The opposite Party in his evidence denied having signed the agreement. The Opposite Party says complainant was engaged only as laborer, paid his wages. Nothing is brought out in cross to discredit his evidence.
Moreover dispute relating to land and immovable property is not covered by the Consumer Protection Act. As there is no sale of goods or services for consideration. However dispute can be raised about service in connection with immovable property.
There is no buying of any goods for a consideration which has been paid or promised or partly paid or partly promised hires or avails of any service for a consideration which has been paid or promised or partly paid.
Consumer commission cannot decide complaint involving highly disputed questions of facts or the cases involving genuineness of agreements when signature is disputed. No steps taken for expert opinion.
In the result complaint is dismissed for reason stated above.
Sd/- Sd/-
MEMBER PRESIDENT
Exhibits
A1- Consent letter
A2- Aadhar card copies
A3- Pen drive
B1- Certificate
B2- Copy of Recovery notice
Witness Examined
Pw1- Moly Jose
Pw2- K.C Raghavan
Pw3- Minumon
Dw1- Benny.T.J
Dw2- Vinoy Jacob
Dw3- Gireesh.T
Sd/- Sd/-
MEMBER PRESIDENT
Forwarded by Order
Assistant Registrar
Ps/
