This complaint is filed by the complainant under Section 35 of the Consumer Protection Act, 2019 alleging deficiency in service as well as unfair trade practice against the Ops as the Ops did not refund her the rent amount as paid by her in advance and the security deposit paid by her till filing of this complaint.

Today is fixed for admission hearing of this complaint. The Complainant is present in person. On careful perusal of the petition of complaint it is seen by us that the complainant had availed of services from the Op as paying guest by making payment of due rent as scheduled by the Ops along with the security deposit of Rs. 6,000/- at the time of entering in the said PG. it stated by the complainant that due to unavoidable circumstances the complainant could not stay at the same paying guest the left from the said paying guest before expiry of 31.12.2019, but the rent @ 200/- per day was paid in advance. After leaving the said PG the complainant requested the Op 1 to refund her the unused rent of Rs. 1,600/- i.e. for 8 days from 24.12.2019 to 31.12.2019 along with the security deposit of Rs. 6,000/-. It is alleged by the complainant that Op 1 has refused to refund the rent amount as also the security deposit amount. In this connection several written correspondences were made by the complainant, to no effect. As her grievance have not been redressed by the Ops, hence the complainant has filed this complaint praying for refund of the abovementioned amount along with other relifes.

After careful consideration in our view the rent amount for Rs. 1600/- as sought for towards refund in not maintainable before this Ld. Commission, for this reason the complainant has to approach before the competent Civil Court, but in respect of the security deposit amount for Rs. 6,000/-, in this respect the complaint can be maintainable. But as the complainant has filed this complaint clubbing together the said demand in one compliant, the same cannot be segregated by this Ld. Commission, rather it should be done by the complainant herself.

In view of the above let this complaint be dismissed without being admitted. There is no order as to cost. The complainant is at liberty to file afresh after necessary rectification in view of the above before the competent Court/Commission, if not barred otherwise.

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

Dictated and corrected by

[HON'BLE MRS. Silpi Majumder]
                  MEMBER