This order relates to admission haring in the matter of the complaint filed under No. CC/314/2016.

            Ld. Advocate appearing for the Complainant submitted that the Complainant along with his family members booked a cab on 26.04.2016 from Ola App for their journey from Maitri Apartment, 255 NSC Bose Road, Kolkata – 700 047 to Howrah Railway Station , but, because of the rash and reckless driving, a dangerous collision of the cab took place with a bus as a result of which the Complainant and his mother sustained severe physical injuries which cost them a huge sum of Rs. 7,00,000/- in connection with the medical expenses incurred for their treatment and also a theft of cash worth Rs. 1.89 lakh and gold jewelleries worth Rs. 3,00,000/- from the cab took place. Allegedly, all the monetary  loss on account of theft and medical expenses  occurred  because of negligent driving in one part of the driver and also because of deficiency in service on the part of the OPs.  The OPs are liable to pay Rs. 11,79,000/- along with interest @ 18 % p.a. as compensation for the monetary loss including the theft of cash Rs. 1,89,000/- and jewelleries valued at about Rs. 3,00,000/- and also a compensation of Rs. 70,00,000/- towards mental agony, physical harassment and physical injuries sustained by the Complainant and his mother.

          Ld. Advocate drew our attention to page 34 of the complaint petition making it a point that in spite of clear assurance on behalf of the OPs for cleanliness, safety and comfort and service of well trained drivers , the Complainant suffered heavily on monetary loss and physical injuries which was a clear deficiency in service as well as unfair trade practice  on the part of the OPs .

         We have heard the Ld. Advocate appearing for the Complainant and gone through the petition of complaint together with the annexures thereto.

          It appears that the Complainant while riding a cab which was  booked from the OPs suffered physical injury because of an accident caused allegedly by unsafe  driving of the vehicle. The driver of the vehicle is alleged to be absolutely amateur, inexperienced and untrained pushing the lives of the passengers to danger . Such accident is a subject of detailed enquiry and fixing of responsibility for such accident can not be made without proper and cogent evidence .  A Police case  has been filed under Maidan Police Station Case No. 71 dated 27.04.2016 u/S 279 /338/427 IPC. The case filed before the Ld. Chief Metropolitan Magistrate , Calcutta  has not yet been disposed of. Again , the allegation about   theft of cash and jewelleries from the cab is such as can not be a subject of consumer dispute under the provisions of the Consumer Protection Act.

            The claim for compensation of a sum of Rs. 70,00,000/- by the Complainant is required to  be  substantiated  with detailed evidence which may be determined by a Civil Court and as such lies  beyond the scope of the Consumer Protection Act as consumer disputes are treated as matters of summary trial .

            Going by the above discussion, we are of the considered view that the present complaint can not be admitted for adjudication as the Consumer Fora are neither empowered to adjudicate matters relating to theft as alleged in the present complaint and as the claim for a huge amount of compensation requires to be decided on the basis of detailed evidence , examination and cross examination of witnesses which is beyond the  scope of summary proceedings under the Consumer Protection Act . Accordingly, the complaint is not admitted and stands dismissed .

            Relief as prayed for by the Complainant lies elsewhere in Civil / Criminal Court / Motor Accident Claims Tribunal and the Complainant shall be at liberty to move the appropriate Forum for redressal of his grievances. There shall be no order as to cost.