Kerala

Idukki

CC/26/2020

Santhosh P K - Complainant(s)

Versus

kerala State Housing Board - Opp.Party(s)

23 Jun 2022

ORDER

 

DATE OF FILING : 6.2.2020

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the 23^rd  day of  June, 2022

Present :

                   SRI. C. SURESHKUMAR                  PRESIDENT

SMT. ASAMOL P.                             MEMBER

SRI. AMPADY K.S.                           MEMBER

CC NO.26/2020

     Between

Complainant                                      :   Santhosh P.K.,

                                                               Parayolickal House,

                                                              Thoppippala P.O.,

                                                              Kozhimala.

   (By Adv: K.B. Selvam)

        And

Opposite Party                                   :   The Executive Engineer,

                                                               Kerala State Housing Board,

                                                               Idukki Divison, Kattappana.

    (By Advs: K.P. Anu & K.M. Sanu)

 

O R D E R

SRI. C. SURESHKUMAR, PRESIDENT

 

1. Complaint filed under Section 12 of the Consumer Protection Act of 1986 (the Act, for short).  Case of the complaint is briefly discussed hereunder :

 

          Opposite party is the Executive Manager representing the Kerala State Housing Board of Idukki Division.  Complainant has taken Room No.F 50 in the Commercial Complex of Kerala State Housing Board at Kattappana.  Since son of the complainant had sustained an accident and lost his sense of hearing, complainant had to spend a huge amount for his treatment.  Hence complainant was unable to pay rent  in time.  Building was taken on rent in 2004.  Complainant had continued in the premises till 2017 by paying rent despite his financial contingencies.  In the year before filing of the complaint, complainant was unable to continue  payment of rent due to illness of his son and other financial exigencies.  Employees of opposite parties had promised to write off the rent due                                                                                                                (cont….2)

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from him.  Complainant had continued in the premises expecting that the rent will be written off. Though complainant was willing to repay the loan due by making part payments, opposite party had refused to accept rent in part payment.  On 22.1.2020, opposite party had issued a notice, directing the complainant to vacate the shop room, on or before 11.2.2020.  Complainant has suffered mental agony owing to the said notice.  He prays for a direction against opposite party to grant him more time for paying rent due and also to reduce the rent rate during the period of flood.  He seeks Rs.50,000/- compensation for his sufferings and Rs.10,000/-  as litigation cost.

 

          2.  Opposite party had appeared and filed written version.  It’s contentions were briefly discussed hereunder :

 

          According to opposite party, complainant has not even remitted Rs.20,000/- as ordered by this Court in the Interlocutory Application filed seeking stay by him.  Shop room in question, situated in 1^st floor of commercial complex owned by the Board was let out to complainant for a monthly rent of Rs.1980/- from 13.1.2004 till 12.1.2007.  Despite repeated reminders, agreement was not renewed after 12.1.2007.  Complainant is continuing in the rented premises unauthorisedly from that date, besides complainant was not regular in paying rent.  Initially, within 3 months of  execution of rent agreement, an arrear notice was issued to complainant on 27.4.2004.  However, he had continued without paying arrears and therefore an eviction notice was issued on 27.5.2014.  On 13.5.2014, complainant had given a written undertaking that he will clear all arrears before 20.5.2014.  A cheque for Rs.1 lakh dated 9.6.2014, issued by him towards arrears was returned upon presentation due to insufficiency of funds.  Hence eviction notice was again given on 7.1.2015.  As requested by complainant, he was again given one month time for clearing arrears.  Since arrears were not cleared, eviction notice was again sent on 15.7.2018.  Complainant had approached Chairman of the Board seeking time.  Chairman was pleased to allow the complainant to clear the arrears in 10 monthly instalments.  Since instalments were not paid, it was decided to evict the complainant.  However, on 12.11.2015, complainant had again given a cheque towards arrears.  This cheque was also returned upon presentation due to insufficiency of funds.  Thereafter he had paid Rs.30,000/- on 10.2.2016 and was permitted to pay the balance amount in instalments.  However, instalments were not paid.On 24.8.2017, eviction notice was given, due to political interference, complainant could not be evicted.  On 14.9.2017, complainant had given a representation to Chairman of Board.  He was again given a facility to pay the rent                                                                                                               (cont…3)

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due by making 10 monthly equated instalments.  But not a single instalment was paid.  Hence again eviction notice was given on 22.2.2018.  As on 29.2.2020, rent arrears amount to Rs.3,68,563/-.  There was no promise or assurance to write off rent arrears relating to flood period.  Till date, complainant had not demanded any statement of account or had approached the Board seeking part payment.  Despite this, statement of arrears were given to him along with every eviction notice.  Since rent arrears amounted to  Rs.3,59,774/- on 31.1.2020, it was decided to evict  complainant from the premises.  Complainant had then filed CC No.25/2018 before this Commission, which was subsequently dismissed.  On 5.8.2019, eviction notice was given and complainant was given sufficient time to clear the arrears and in the alternate to vacate the premises.  On 4.12.2019,  though officials had gone to evict the complainant, it could not be done due to resistance by complainant.  Hence eviction process was adjourned to 11.2.2020.  There is no other alternate but to evict the complainant due to arrears of rent.  Complainant is not entitled for any of the  reliefs claimed for.  Complaint is to be dismissed.

 

          3.  After filing of written version, case was posted for evidence repeatedly, after affording sufficient opportunity to both sides to give evidence.  Since complainant had remained absent continuously until 7.6.2022, the date on which the case lastly adjourned, his evidence was closed.  As complainant has not tendered any evidence, opposite party has also not tendered evidence in defense. Hence evidence was closed.  We have heard the representative of opposite parties.  Now the points which arise for consideration are :

1)  Whether there was any deficiency in service on the part of opposite party ?

2)  Whether complainant is entitled for any of the reliefs claimed for ?

3)  Reliefs and costs ?

 

4.  Point Nos.1 and 2 are considered together :

 

          There is nothing in the complaint which would suggest an iota of deficiency in service in the conduct of opposite parties.  What surfaces instead  is unauthorized occupation of   rented premises by  complainant without renewing the rent agreement and paying rent due.  Therefore we find that complainant is not entitled for any of the reliefs claimed.  Point Nos.1 and 2 are answered accordingly. 

 

 

                                                                                                          (cont…4)

 

• 4  -

 

 

5.  Point No.3

 

          In the result, this petition is dismissed, considering the circumstances, without costs.

 

    Pronounced by this Commission on this the  23^rd  day of June, 2022

 

                                                                   Sd/-

   SRI. C. SURESHKUMAR, PRESIDENT

                                                                                      Sd/-

 SMT. ASAMOL P., MEMBER

                   Sd/-

SRI. AMPADY K.S., MEMBER

 

 

Appendix : Nil.

 

 

                                                                               Forwarded by Order,

 

 

 

                                                                             ASSISTAN