Orissa

Cuttak

CC/13/2021

Ranjan Kumar Sahoo - Complainant(s)

Versus

M/s Mannapuram Finance Ltd - Opp.Party(s)

P K Mohanty

09 Jun 2022

ORDER

IN THE COURT OF THE DIST. CONSUMER DISPUTES REDRESSAL COMMISSION,CUTTACK.

                                                                C.C.No.13/2021

                                Ranjan Kumar Sahoo,

S/O:Late Narayan Sahoo,

At:Keonjhar Colony,

Kanika Chhak,P.O:Tulasipur,

P.S:Lalblag,Dist:Cuttack.                                                      ... Complainant.

 

                                                Vrs.

1.        The Assistant General Manager,

Arrear Settlement Department,

M/s. Mannapuram Finance Ltd.,

Valapad,Thisur,State:Kerala,Pin-680567..

 

2.       The Regional Manager.

M/s. Mannapuram Finance Ltd.,

At/PO:Laxmisagar,Bhubaneswar,Dist:Khurda.

 

3.       The Branch Manager,

M/s. Mannapuram Finance Ltd.,

Nuapatna Branch-Code No.1382,

At:1^st Floor,CMC Ward No.34,

Holding No.413,Nuapatna,P.S:Mangalabag,

Dist:Cuttack-753001.... Opp. Parties.

 

Present:               Sri Debasish Nayak,President.

                                Sri Sibananda Mohanty,Member.

 

Date of filing:    27.10.2021

Date of Order:  09.06.2022.

 

For the complainant:          Mr. P.K.Mohanty,Adv. & Associates.

For the O.Ps  :                      Mr. T.K.Jena Samanta,Advocate.

 

Sri Sibananda Mohanty,Member.                                           

                The case of the complainant is that he along with his mother, mother Ms. Kamala Sahu had jointly leased out an area of 588 Sft. to the O.Ps for running their business.  Accordingly, an agreement/lease between the parties was executed on 21.5.2010.  In the mean time his mother has expired. As per the terms agreed upon for the service rendered by the complainant to letting the house, an amount of Rs.8000/- was fixed as per the NBFC norms which in terms as the service charges to be paid to the complainant for availing service for their business purpose.  It is further stated by the complainant that the agreement/lease between the parties was made for a period from 21.5.10 to 20.5.2019(9 years).  As per the contract of agreement, it was the duty of the hirer of service to pay the amount as fixed with enhanced rate in every 3 years.  It is stated by the complainant that the lease period came to an end on 20.5.2019.  Since then no further relationship with the lesser and lessee persists ,as no agreement has been renewed between the parties.   As the O.Ps are utilising the said premises after lapse of lease period, they have to give charges for the service hired by them.  The O.Ps on 29.4.20 issued a letter to the present complainant thereby indicating not to pay 3 months service charges and reduce the rent by 20%, due to covid-19, pandemic situation It is further stated that irrespective of issue of regular reminders to the O.Ps for paying the past dues of electricity charges, water charges, monthly maintenance charges which are pending since long. O.Ps  are avoiding to pay the same on different pretext and had adopted unfair trade practice thereby  exploiting the present complainant in every aspect.  It is stated by him that he earn his livelihood out of the income that he receives for letting out his premises to the O.Ps but the O.Ps had wilfully avoided to pay his legitimate dues.  It is stated that as the lease period has not been renewed, the acquisition of the space of the complainant by the O.Ps would render the status of the O.Ps as trespassers.  As the O.Ps did not pay the pending service charges, he has filed the present case with a prayer for direction to the O.Ps to pay the pending service charges from the date of issuance of the letter dt.29.4.20 by the O.Ps . Further to direct to the O.Ps to clear the utility charges pending since long and also to  direct them to regularise the agreement with agreed rate with the complainant and to pay  compensation towards harassment and mental agony Rs.1,00,000/- and also to pay   litigation cost a sum of Rs.10,000/-.

                The complainant in order to prove his case has filed supportive documents.

2.            On the other hand, the O.Ps have contested this case and filed their written version.  It is admitted by the O.Ps that the complainant is the landlord of the said premises and had let the same to them on rent basis.   A house rent agreement was executed to that effect.  It is stated that the premises is used for commercial purposes and tenant never provide any service to the landlord-complainant.  The complainant is not coming under the definition of the consumer and the case is thus not maintainable.  Hence, the O.Ps  have prayed for dismissal of the case.

3.            Perused the case record and documents available therein.  The complainant has filed the lease agreement vide Annexure-2.  It reveals from the said agreement that his premises has been given on rent to the O.Ps on a monthly rent of Rs.8000/-.  The present allegation of the complainant relates to non-payment of house rent by O.Ps to him, so also non-payment of arrear electricity charges, water charges and etc by O.Ps.  The complainant also has prayed for a direction for renewal of lease agreement.  The allegations of the complainant cannot be adjudicated before this Consumer Commission, as the complainant is not a consumer as defined U/S-2(7) of the Consumer Protection Act,2019.  Accordingly, the case is not maintainable and is liable to be dismissed.  Hence it is so ordered;

                                                                           ORDER

                The case is dismissed on contest against the O.Ps and in the facts and circumstances of the case without cost.

                Order pronounced in the open court on the  9^th  day of June,2022 under the seal and signature of this Commission.                                                                                                                                                                                                                                            

                                                                                                                                                                                                                                             

                                                                                                                         Sri Sibananda Mohanty

                                                                                                                            Member.

 

                                                                                                                            Sri Debasish Nayak

                                                                                                                                        President