IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, KOTTAYAM
Dated this the 3rd day of July, 2023
Present: Sri.Manulal.V.S, President
Smt.Bindhu.R, Member
Sri.K.M.Anto, Member
CC No. 192/2023 (Filed on 21-06-2023)
Complainant : Prabhu Raghavan,
Valayaparambil House,
Pakkil P.O.
Kottayam - 686012
Vs
Opposite parties : 1. Treasurer,
C.S.I. Madhyakerala
Mahayidavaka,
Kottayam - 686001
2. Secretary,
Municipality,
Kottayam
O R D E R
Sri.Manulal.V.S, President
Complainant present. Heard. The case of the complainant is that he had taken one room No. IX/406/2 as rent from the opposite party for conducting self –employment by depositing Rs.3 lakhs as security. It is further pleaded in the complaint that the rent deed registered on 09-07-18 without mentioning about the deposit amount. Complainant further pleaded that the room was given to him by suppressing the fact that the nearby locked door was of a public toilet. Now it is difficult to use the room due to the foul smell from the toilet. He had closed the room on 22-10-2018 and the complainant is not paying the rent thereafter. Though the complainant lodged many complaints before the various authorities, the opposite party is not ready and willing to make the rented room in a useful condition. The first opposite party is purposefully evading the directions and orders of the various authority. Due to the wilful act of the first opposite party, complainant suffered a loss of 35 lakhs. Hence this complaint.
Ongoing through the complaint, we are of the opinion that the allegation in the complaint is that of the nature of dispute between tenant and landlord. The allegation in the complaint is not a consumer dispute is envisaged in the Consumer Protection Act 2019. Moreover in a plane reading it is seen that an elaborate enquiry and recording of the evidence as highly necessary in this case. Since the allegation in the complaint is not a consumer dispute, we are of the opinion that this complaint is not maintainable before this Commission. Hence the complaint is returned to the complainant.
Pronounced in the Open Commission on this the 3rd day of July, 2023
Sri. Manulal. V.S, President Sd/-
Smt. Bindhu. R, Member Sd/-
Sri. K.M. Anto, Member Sd/-
By Order
Assistant Registrar
