The Advocate for Complainants is present and files hazira. O.P is absent, no step filed. Heard from the Complainants regarding the history of Case. Thereafter, the total case filed is meticulously perused. It is observed that the case was filled on dated: 05.08.2021 and was admitted U/s. 36 (3) of C.P Act-2019 under the provision of deemed admissibility. This deemed admission was due to non-availability of Coram of this Commission. Consequent to this deemed admission, notice was sent to the O.P for their stand.
However, on further verification of the complaint petition, prayer and annexures, it is observed that, this is a dispute between the Complainant No.2 and Govt. represented through the B.D.O, Bhograi for availing of Biju Pucca Ghar Yojana under Govt. beneficiary scheme.
That, under the beneficiary scheme, the Complainant No.2 is a recipient of the benefit of free Pucca Ghar, without any consideration to Govt. in any mode, as laid down in the C.P Act-2019.
As per the definition of a Consumer U/s. 2 (7) of C.P Act-2019, a person becomes a “Consumer” for receipt of goods / services for a consideration be it full, part or promised to pay. Here, the Complainant No.2 for availing the beneficiary scheme for construction of house under “Biju Pucca Ghar Yojana”, does not require to pay any consideration under any mode. Hence, the Complainants / Petitioners are not Consumers under the purview and ambit of the C.P Act-2019.
That, as the present case does not come under the purview and ambit of the C.P Act-2019, as aforesaid is hereby dismissed on merit.
The notice served to O.P is hereby made infructuous. Issue extract order of the same to both the Parties for their information.
Pronounced in this open District Commission on 30th April, 2022 given under my signature and seal of this District Commission.
