The case of the complainant in brief is that being seeing the advertisement published in the Ananda Bazar Patrika the complainant went to the O.Ps. for accept the offer to live her whole life in the Anandamayee Ananda Nivas to the O.P. partners of Anandamayee Ananda Nivas.  The O.Ps. accepted the proposal of the complainant and made an agreement with the complainant on 27.4.2006. 

            In the agreement  it was agreed and settled by both parties to allot the petitioner Room No.A-24, measuring 15 feet X 9 feet room with attached veranda, balcony and bathroom at 1sst floor in Block-A and also to serve 24 hours all type of service facilities and to attend the petitioner as and when she will be in need with provision of medical checkup in every 15 days.  It was also settled in the agreement that petitioner have to pay Rs.3,50,000/- only in part as full settlement of consideration money to be a life member of Anandamayee Ananda Nivas.

            The complainant prior to execution of the agreement paid Rs.1,00,000/- to the O.Ps. on 31.3.2006 by way of three bank drafts drawn on Oriental Bank of Commerce.

            It is pertinent to mention here before the execution the complainant applied for accommodation of her old mother  in the Anandamayee Ananda Nivas and deposited Rs.1,00,000/- on 31.3.2006. The complainant admitted her mother in the Anandamayee Ananda Nivas in the Room No.B-1, ground floor, B-Block but the mother of the complainant died on 17.4.2013.

            The complainant decided to take life membership in the Anandamayee Ananda Nivas and wanted to pass her old life with comfort security and pleasure and made the said agreement with the O.P. Members on 27.4.2006 and O.P. adjusted the security deposit of Rs.1,00,000/- for her mother with the account of the petitioner at the time of executing the said agreement.  The complainant requested the O.P. members verbally to allot her Room No.A-24 at 1^st floor in Block-A as per agreement.

            The petitioner also paid another Rs.1,00,000/- by way of two cheques dated 18.11.2006 and 22.9.2008 as part payment of consideration money to the O.ps.  After execution of the agreement the O.P. did not allot the Room No.A-24 at 1^st floor to the complainant though it was specifically mentioned in the agreement. That instead of allotting the room number to the complainant the O.ps. gave possession to another boarder Sri Sisir Bhattacharyya taking higher benefit from him illegally and deprived the complainant.  On enquiry of the petitioner the O.P. told her that Room No.A-23 has been allotted to her instead of Room No.A24 which is adjacent to Room No.A24.    

            After getting the information from the O.P. the complainant wrote a letter dated 26.5.2009 to the O.P. Members to allot her the Room No.A-23 and to allow her to keep her house hold articles to Room No.A-23.  But O.P. members did not pay any heed to the request of the petitioner and at last the O.P. member by letter dated 17.7.2009 informed the complainant that no vacant room was available.  Being fade up the complainant personally meet with the O.P. Member Mr. Ram Chandra Verma at the 1^st part of April, 2010 and requested to allot her room.  But Mr. Verma told her that she would get a room, if she could pay Rs.5,30,000/- instead of Rs.3,50,000/- ignoring the promises of agreement dated 27.4.2006 and then she would become the life member of the Anandamayee Ananda Nivas.

            The complainant was compelled to pay Rs.5,30,000/- instead of Rs.3,50,000/-.  The complainant paid Rs.3,00,000/- by cheque of PNB being No.396359 and 463040 to the O.P. on 7.12.2010.  The complainant also paid Rs.30,000/- to the O.P. on 12.01.2011 vide cheque No.884943 of PNB.  After taking the full amount from the complainant the O.P. Members allotted her an incomplete Room No.C-27 at 3^rd floor of Block-C without any fittings of door/ windows and incomplete plaster works and even with incomplete bathroom and privy and without any lift facility, no security or any collapsible gate in the stair case.  The complainant also found that there was no main collapsible gate at the entrance of Block-C for security and in the 3^rd floor area was almost dark for want of sufficient light and incomplete wiring with no firefighting equipment.

            The complainant conveyed her unwillingness to accept that allotted room to the O.P. Members as she is a patient of serious knee problem and had undergone her knee operation and she is not able to go up stairs without lift and incomplete and in secured condition but O.P. Member told that her money will be forfeited if she does not accept the said allotted room.  The O.P. Members compelled the petitioner to accept the Room No.C-27 in the 3^rd floor. The petitioner took life membership from the partners of Anandamayee Ananda Nivas.

            In the agreement and also in the published advertisement it was promised to give 24 hours service, adequate food, regular medical checking at the interval of 15 days but all these promises had been proved to be false, cheating and deficient as none would come to provide service to the petitioner as she is living in the 3^rd floor.  Only lunch and dinner is supplied to the petitioner ignoring all the promises of the agreement and advertisement which attracted the petitioner to be a life member of Anandamayee Ananda Nivas.  The complainant repeatedly requested the O.P. Members to complete the construction but O.P. did not pay any heed. 

            Finding no other way the petitioner was compelled to complete the necessary works such as door & windows glass fitting along with a ware drove, bathroom tiles and shelves and khat and sanitary works and all other necessary works, electrical wiring and fitting, curtain fitting etc.  Thus for non-compliance of their promise the petitioner has been compelled to incur the expenses of Rs.1,85,000/-.

            The petitioner also alleged that O.P. Member cut off the A.C. connection  in the hottest day in the month of April.  O.P. Member threatening the complainant by using filthy language.  For which the petitioner lodged the GD before the Chinsurah P.S. and before the D.M., Hooghly.

            The petitioner sent a legal notice through Advocate on 25.5.2013 for compliance of the necessary pending works as per agreement.  O.P. Members also issued legal notice denying everything and also ordered to go away from the Anandamayee Ananda Nivas making alternative arrangement on 29.4.2013 though the petitioner is a life member of the said Nivas.  Finding no other alternative the complainant has compelled to file this case before this Ld. Forum for relief with a direction to the O.P. Member to return Rs.5,30,000/- with 12% compound interest from the period of 2006, to pay compensation of Rs.5,00,000/- for harassment and mental pain, to pay Rs.2,00,000/- for making arrangement of another establishment in other place, to pay Rs.2,00,000/- which incurred by the complainant in complete the incomplete work of the Room No.C-27, to pay Rs.1,00,000/- as litigation cost and to pay Rs.25,000/- for carriage, shifting and packing charges to be incurred to shift from the Anandamayee Ananda Nivas to another place.

            The O.Ps. contested this case by filing written version denying inter-alia all the material allegations as leveled against them.  The complainant submits that petitioner is frequent minded quarrelsome lady.  At first she agreed to be life member of the Niwas.  But she fail to give entire amount at proper time as per agreement dated 27.4.2006.  so, rest story which is related to accommodation of her old mother and her room is total make out for the purpose of the case.  There is no unfair trade practice and deficiency in service on the part of the O.ps. towards petitioner.  From the first day petitioner intended to harass the O.P. Member by lodging false allegation.  So, Ld. Forum may reject the case with cost.

            The complainant files evidence on affidavit, brief note of argument, photocopies of advertisement, agreement papers, money receipts, corresponding letters, complain letters to the Mogra police station, answer to the interrogatories etc. The O.Ps. also filed evidence on affidavit and brief notes of argument.

POINTS FOR CONSIDERATION

1. Whether the complainant is a consumer or not ?
2. If complainant paid consideration money to the O.P. ?
3. If complainant has suffered any loss by not getting food, shelter, treatment as per agreement?
4. Whether the complainant is entitled to get relief as per prayer?

DECISION WITH REASONS

            All the points are taken up together for brevity and convenience of the discussion.

            Complainant in her evidence on oath has stated different problems during the staying in the O.P. Anandamayee Ananda Nivas.  The complainant stated initially that she did not give the room as per agreement and she paid more money beside the agreement.  She paid full amount of Rs.5,30,000/-. She took the life membership from the O.Ps according to the agreement executed by the O.P. and the petitioner on 27.4.2006.  She was given room in the 3^rd floor.  The complainant raises some want of amenities laid down in the agreement including hot water and another privileges.  It is allegation that the complainant has been living in distress condition.  In different ways the O.P.s have been violating the terms and conditions of the agreement.   The base on which the complainant relied on is that for ‘non-complying’ their promise in the agreement.  The both parties are filed their interrogatories but complainant is unable to establish that she has any right of leaving the premises after getting the consideration money which was given at the time of agreement to the O.Ps.  The whole fact of this case of the petitioner is to get return the amount of Rs.5,30,000/- with 12% compound interest.  But the complainant has become a life member by virtue of an agreement between the complainant and the O.P.  The complainant cannot go outside the written document which was executed between the complainant and the O.P.  There is no single word regarding the method of leaving or alignment or relinquishment of the membership and return of money.  O.P. put the question to the complainant whether complainant has made any complaint regarding the conduct of the O.P.  The complainant replied that she made information to the O.P. only.  It is also in record that the agreement was done in the year 2006 and after that in some time in 2008 the complainant entered into the premises and since then the complainant is living in the said ‘old ashram’ only by virtue of agreement.  But there is no term of relinquishment of the agreement or to do any act in variation of written word in the agreement.

Accordingly after swimming over the record before us we are of strong conviction that complainant is unable to establish her claim by adducing cogent, reliable trustworthy and admissible evidence before this Forum.  So, it is

ORDERED

 that the C.C. Case  be  and the same is dismissed on contest for want of adequate evidence. 

Let the copies of this order be supplied to the parties free of cost.