Order No. 2             30.11.2022

Ld. Advocate for the petitioner/opposite party is present.

None appears on behalf of the complainant.

The petitioner/opposite party filed an application on 02.11.2021 in CC/136/2021 but it was not registered as Misc. Application.

Thereafter, on 16.09.2022 the said application dated 02.11.2021 was registered as Misc. Application 129/2022.

The Misc. Application dated 02.11.2021 filed by the petitioner/opposite party is taken up for consideration and hearing.

Perused. Considered the Misc. Application.

Ld. Advocate for the petitioner/opposite party submits that the complainant has filed CC/136/2021 against the petitioner/opposite party alleging deficiency in service, gross negligence and unfair trade practice. The complainant is a tenant under the opposite party and no agreement between the landlord and tenant can be enforceable under the Consumer Protection Act, 2019. According to the petitioner/opposite party the complainant is a tenant in respect of one room on the first floor and one room on the second floor of premises no. 27, Amar Tolla Lane, P.S. Barabazar, Kolkata – 700 001. For the purpose of building and re-building the petitioner/opposite party entered into an agreement with the complainant on 10.06.2013. The complainant for enforcement of the terms and conditions of the agreement referred above filed CC/136/2021 which is not maintainable in law. So, the CC/136/2021 is liable to be dismissed.

On perusal of the record of CC/136/2021 I find that there was an agreement between the complainant and the petitioner/opposite party and one of the terms of the agreement is that during the period of re-building of the premises the complainant will provide with substituted space and the petitioner/opposite party will pay monthly rent of Rs.10,000/-  per month to the complainant for the make shift accommodation till completion of the building. The rent will be decided in terms of fair rent.

Ld. Advocate for the petitioner/opposite party submits that the complainant is not agreeable to pay fair rent in terms of  the agreement.

It is admitted fact that there is an agreement between the tenant and landlord regarding construction of the tenanted building and the landlord agreed to provide some amenities  to the tenant as mentioned in the agreement.

The complainant alleged that the landlord is deficient in providing service as mentioned in the agreement dated 10.07.2013.

Therefore, such dispute can only be decided on the basis of the touch stone of evidence of the parties. Moreover, in terms of section 100 of the Consumer Protection Act, 2019 the provision of the Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force.

In view of the above discussion, we find the CC/136/2021 is maintainable in law and in its present form.

Therefore, the Misc. Application is dismissed with cost of Rs. 2,000/-.

Thus the Misc. Application is disposed of.