BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION AT BANGALORE (URBAN)

DATED 20^th DAY OF APRIL 2022

ORDER

SRI.K.S.BILAGI, PRESIDENT

1. The complaint has been filed under Section 35 of C.P.Act, 2019 (herein under referred as an Act) to direct the OP to refund Rs.25,641/- along with compensation of Rs.50,000/- for mental harassment.

2. The case set up by the complainant in brief is as under:-

The complainant by paying Rs.38,000/- as security deposit availed the apartment from the OP.  The complainant vacated the apartment and made a requests to OP to refund balance amount of Rs.25,641/-.  In spite of request and legal notice, the OP failed to refund the balance amount.  The non-payment of balance amount amounts to deficiency of service.  Hence, this complaint.

3. In response to the notice, the OP appears and files version.  The OP has transferred security deposit amount to the owner A.Rajappa and he has not retained any amount of the complainant.  The complainant has failed to surrender the agreement and A.Rajappa being the absolute owner of the apartment is not made as a party.  The OP was representing owner A.Rajappa through Spl. Power of Attorney holder.  There is a leave and license agreement between the complainant and A.Rajappa through OP as Spl. Power of Attorney holder, no amount of the complainant is lying with the OP. There is no deficiency of service.  He requests to dismiss the complaint.

4. Despite sufficient opportunity granted to the complainant, the complainant fails to adduce the evidence.  The OP has filed affidavit evidence of its Director and relies on two documents.

5. Heard the arguments of advocate for OP only.  Perused the records.

  6. The following points arise for our consideration:-

1. Whether the complainant proves deficiency of service on the part of OP?
2. Whether the complainant is entitled to relief mentioned in the complaint?
3. What order?

7. Our answers to the above points are as under:

       Point Nos.1 and 2:  In the negative.

      Point No.3: As per final orders

REASONS

8. Point Nos.1 and 2:  Even though, complainant has not lead any evidence.  But, OP has admitted payment of Rs.38,000/- as security deposit by the complainant which he has been transferred to owner A.Rajappa.  The complainant has produced leave and license agreement between A.Rajappa, S/o Anjenappa owner of the apartment through his Spl. Power of Attorney holder i.e. OP and complainant.  The OP being the Spl. Power of Attorney holder of A.Rajappa owner of the apartment entered into leave and license agreement.  As per this agreement, the security deposit of Rs.38,000/- paid by the complainant.  The OP had entered into agreement with the complainant has Spl. Power of Attorney holder of A.Rajappa owner of the apartment.  A.Rajappa owner of the apartment is not made as a party.  The complainant claims refund of Rs.25,641/-.  The OP has produced Ex.R.1 Propurban Management Service agreement between A.Rajappa owner of the apartment and OP which indicates that the OP deposited Rs.3,50,000/- as a caution money.  The Op had sent Ex.R.2 letter dated 16.09.2021 to A.Rajappa for refund of Rs.1,45,451/-.  The complainant for the reasons best known to him has not impleaded A.Rajappa as a party.  In the absence of A.Rajappa, the claim of the complainant cannot be decided.  No explanation is offered by the complainant, why he has not impleaded A.Rajappa owner of the apartment.  The OP might have received Rs.38,000/-, not in individual capacity, but as Spl. Power of Attorney holder of A.Rajappa and on behalf of A.Rajappa. Therefore, there is no deficiency of service on the part of OP.  Accordingly, the complainant is entitled to any monitory reliefs from the OP.  
9. Point No.3:- Having regard to the discussion made above, the complaint requires to be dismissed. We proceed to pass the following 

  O R D E R

1. The complaint is dismissed.
2. No costs.
3. Furnish the copy of this order to both the parties.

 (Dictated to the Stenographer, got it transcribed and corrected, pronounced in the Open Commission on this 20^th April, 2022)

Documents produced by the Complainant which are as follows:-

Documents produced by the OP which are as follows:-