Karnataka

Bangalore Urban

CC/345/2023

Smt.B K Thrupthi - Complainant(s)

Versus

Sri Prakash Goudra - Opp.Party(s)

V Thippeswamy

19 Sep 2023

ORDER

DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION,
8TH FLOOR, B.W.S.S.B BUILDING, K.G.ROAD,BANGALORE-09
 
Complaint Case No. CC/345/2023
( Date of Filing : 02 Sep 2023 )
 
1. Smt.B K Thrupthi
W/o Mr. Mohankumar HK, Aged about 40 Years, No.12,Nesara,5th Main, Kalyanamantapa Road, Netaji Circle,Mathikere, Bengaluru-560054
...........Complainant(s)
Versus
1. Sri Prakash Goudra
S/o Veeranagouda, Chilapur, Bengaluru-587124
............Opp.Party(s)
 
BEFORE: 
 HON'BLE MRS. M. SHOBHA PRESIDENT
 
PRESENT:
 
Dated : 19 Sep 2023
Final Order / Judgement

 

 

 

 

 

 

 

 

 

 

 

ORDERS ON ADMISSIBILITY

 

  ORDER

SMT.M.SHOBHA, PRESIDENT

  1. The complaint has been filed under Section 35 of C.P.Act (hereinafter referred as an Act) against the OP for the following reliefs against the OP:-

A)       To direct the OP to pay the balance of unpaid rent amount at the rate of Rs.4,000/- per month from 14.09.2021 to till the date of settlement with interest.

B)      To direct the OP to pay all the bills, such as water bill, electricity bill etc.,

C)      To direct the OP to vacate the rented house immediately by settling the issue

D)      To grant such other reliefs.

  1. Perused the complaint and the documents filed by the complainant. It is clear from the complaint and the relief claimed by the complainant that he has filed this complaint for recovery of arrears of rent amount from the OP from 14.09.2021 till the date of settlement with interest and further direction to the OP to pay the water and electricity bills and further direct the OP to vacate the premises immediately by settling the issue.
  2. It is pertinent to note here that this is a consumer commission and entertain the complaints and grant the reliefs only on the basis of the deficiency of service and the negligence and unfair trade practice. The complainant has filed this complaint for recovery of arrears of rent and it is in the nature of recovery of the amount. The complainant has also sought for eviction of the OP from the premises.
  3. The complainant instead of filing a suit for recovery of arrears of rent and eviction of the OP from the premises before a competent civil court of the HRC court has filed this complaint before this commission.  This commission cannot entertain this complaint as there is no deficiency of service or negligence or unfair trade practice on the part of the OP. hence this commission cannot admit this complaint and grant any relief. The complainant has to approach the competent civil court/HRC court to claim this relief. Therefore the complaint is not maintainable before this Commission and liable to be rejected as not admitted. Hence proceed to pass the following;

ORDER

The complaint is not admitted and rejected.

Office is directed to return to the complainant to present it before the competent civil court or HRC Court.

 

 

                                PRESIDENT

 

 

 

 
 
[HON'BLE MRS. M. SHOBHA]
PRESIDENT
 

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