JUDGMENT

            Complainant has filed this consumer complaint U/s.35 of C.P. Act, 2019 seeking following reliefs;

            “Direct the opposite parties to pay Rs.1,99,08,128/- (Rupees one crore ninety nine lakh eight thousand one hundred twenty eight) as compensation  along with interest”.

            Opposite parties No.1 & 3 on getting notice file petition regarding maintainability of the case as stated below;

            The complainant was doing custom miller ship business basing on his agreement with opposite party No.1. So the custom millers agreement it has been categorically mentioned in clause-23 that the corporation shall not be responsible for any damage of stocks due to fire and other natural calamities. But, here in this case the complainant custom miller has cunningly diverted his responsibilities upon corporation with some fabricated grounds by violating the condition of his agreement with the corporation. The opposite party No.3 has filed the certificate case No.2/2021 according to the condition laid down in clause-33 (II) of the agreement and after demand notice, the certificate case has been disposed of by the learned Collector, Jagatsinghpur on contest vide order dtd.21.102.022. As such the submission for stay operation against a disposal case having no merit at any point of views and misleading this Commission the interim order was passed. The complainant has filed WP(C) No.16951/22 before Hon’ble High Court of Orissa in which he has approached the Hon’ble Court to set aside the demand notice No.7495 dt.04.6.2022 amounting certificate dues of Rs.2,98,06,716/- against him and settlement of his insurance claim. The complainant has also filed an I.A No.9117/2022 along with his writ petition WP(C) No.16951/2022 in which he has prayed to the Hon’ble Court to stay the demand notice No.7495 on 04.6.2022. The above fact has been knowingly suppressed by the complainant and this case has been tactfully filed by the complainant to delay the recovery process. 

            The complainant has suppressed regarding pendency of WP(C) No.16951/2022 which is still subjudice. Almost on the same issue and prayer as such the same is hit by the principle of Res-judicate.

            The claim amount of the complainant as per letter dtd.18.6.2016 amounts to Rs.1,60,88,075.78 for which this Commission has no pecuniary jurisdiction to entertain such application.

            The dispute relates to sanction of bill as per agreement which is disputed fact is not entertainable by this Commission. As such we have no subject matter jurisdiction to entertain the application.

            There is no such averment that complainant who is a senior citizen of 75 years old was engaged in the organization. The business was run with an intention to make profit as such it is business establishment which is not within the purview of Consumer Protection Act.

            The complainant has also stated and submitted that certificate case No.2/21 is pending before learned Collector which was stayed vide dt.11.11.2022 but the same has already been finalized on 26.10.2022 which amounts to suppression of fact and not coming to this Commission with clean hands as such the order dt.11.11.2022 is hereby vacated and on this ground also this case is liable to be dismissed.

            The complainant has filed multiple litigation in various Courts and not come with clean hands. Moreover the insurance claim being above 50 lakhs as claimed by the complainant, this Commission lacks pecuniary jurisdiction to entertain such consumer complaint. With the aforesaid observation the consumer complaint is dismissed without any cost.