The Ld. Counsel for the Complainant is present.

Today is fixed for admission hearing of this Complaint.

After filing of this Complaint on 03.02.2021, it was fixed for admission hearing for the first time on 18.02.2021.

On the said date on the prayer of the Complainant today is fixed for admission hearing as a last chance, otherwise the statutory period for admission hearing i.e. 21 days from the date of its filing will expire.

At the time of hearing on the point of its admissibility it is seen by us that in the paragraph 9 of the petition of Compliant the Complainant has stated that the terms and the conditions/declaration/undertakings of the contract/agreement is one sided, unfair and arbitrary and hence it is void. In view of the CP Act, 2019 the Ld. District commission is not given any power to adjudicate the matter relates to one sided/unfair contracts. In view of the amended Act 2019 the power has given to the Hon’ble SCDRC and Hon’ble NCDRC.

After perusal of the amended Act 2019 the Ld. Counsel for the Complainant has prayed for amendment of the Complaint, but until and unless the Complaint is admitted amendment in the pleadings cannot be done in accordance with Law.

In view of the above hence the present Consumer Complaint being No. CC 47/2021 is hereby dismissed without being admitted. There is no order as to costs.

As the Complaint is not admitted the Complainant is also at liberty to get return of the copy of the Complaint and copies of the other related documents. For this purpose the Complainant has to submit a separate application before the competent authority seeking the photocopies of the abovementioned documents and plaint. Upon receipt of the application from the Complainant the Competent authority of this Ld. Commission is hereby directed to take immediate step. So that the Complainant can get return the copy of the Complaint and copies of the documents as filed by them at the time of filing this Complaint. Complainant is given liberty to file afresh before the competent Commission/Court, if not barred otherwise.

Let plain copy be given to the parties free of cost.

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
MEMBER