DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KANDHAMAL, PHULBANI

                                                                                                    C.C NO. 18 OF 2015

Present:  Sri Rabindranath Mishra              - President.

                 Miss Sudhira Laxmi Pattanaik     - Member.

Bishnu Charan Swain aged 49 years

S/O: Late Nabin Chandra Swain

Village / PO/PS: Khajuripada

Dist: Kandhamal -762012 working as

Member Secretary “CHARM” Khajuripada

PO/PS: Khajuripada Dist: kandhamal                    ………………   Complainant.

                           Versus.

G. Srinivasan,

State Head, Odisha Skill Ventures

Plot No. -15-4, Dharma Vihar Khandagiri,

Bhubaneswar – 751030 Dist: khurda .                      ………………. OPP. Party

For the Complainant:   Self.

For the OPP. Party   :    Set -exparte.

Date of Order:     30-11-2015

O R D E R

                                    The case of the Complainant in brief is that he is working as Member secretary of a voluntary organization namely “CHARM” at Khajuripada of District kandhmal.On 25-09-2014 an agreement was executed by the Complainant and O.P regarding the utilization of Training center of the Complainant from 25-09-2014 to 24-08-2015 for a period of 11 months for the training programme of OSEMS-PLTP programme conducted by the Opposite Party. As per this agreement the second party was agreed to pay monthly rent of Rs. 10,000/-including electricity charge to the Complainant. As the O.P did not pay the rent to the Complainant and violated the terms and conditions of the agreement,the Complainant has given a pleader notice to the O.P through his advocate for the purpose on 17-02-2015. On 12-03-2015 the O.P canceled the agreement by giving a message to the Complainant through E-Mail. Hence, this complaint is filed by the Complainant through the counseling center to get the house rent amounting Rs. 1,10,000/- for 11 months along with compensation of Rs. 70,000/- from the O.P .

                                                                                                                 -2-

                                    The O.P has not filed any version and not interested to contest the case for which he was set exparte. The Complainant has filed an affidavit in support of his case. He has also filed copies of some documents in this case.

                                    We have heard the complainant. We have gone through the complaint petition, the affidavit filed by the Complainant and the documents filed by him in this case. We have also gone through the agreement dated. 25-09-2014 executed by both the parties. In Para 5 of the said agreement it is mentioned that either of the party shall served one month notice to vacate the demised premises in between the tenancy period . But O.P has not given any notice to cancel the said agreement which amounts to deficiency in service on the part of the O.P.As per conditions of the agreement the O.P is bound to pay the monthly rent of Rs. 10,000/-The plea of the Opposite Party that OSEMS did not approve the programme has no leg to stand . Moreover the O.P did not prefer to appear before this Forum. Hence, the complaint filed by the Complainant is allowed exparte against the O.P.

                                     The Opposite Party is directed to pay Rs. 70,000/- as house rent to the Complainant along with 8 % annum interest from the date of Agreement .i.e. 25-09-2014 till realization treating the date of cancellation of the Agreement as the date of notice to the Opposite Party . The O.P is further directed to pay  Rs.10,000/-as compensation to the Complainant for his mental agony and financial loss .The said order be complied within 30 days from the date of receipt of this order.

                                    The C.C is disposed of accordingly. Supply free copies of this order to both the parties at an early date.

                                                                                     MEMBER                                     PRESIDENT