The Ld. Counsel for the Complainant is present. Today is fixed for admission hearing of this complaint. The Ld. Advocate for the Complainant has advanced argument on the point of its admissibility.
During admission hearing it is noticed by us that in the prayer portion of this complaint the Complainant has sought for some reliefs against the OPs on account of deficiency in service as well as unfair trade practice i.e.
- Direct the appropriate Government Authority to initiate appropriate inquiry into the failure of the Respondent to provide the full service of Red X Plan to the Complainant.
- Direct the appropriate Government Authority to cancel the permission of operation of the Respondents in the Indian Territory in case there is violation of the provisions of law as well as there is failure to provide service to the Complainant as per Red X Plan of the Respondents.
- That FIR may be lodged against the Respondents and appropriate action may please be taken under the provisions of Indian Penal Code.
In respect of the abovementioned prayers we are of the view that the said reliefs/prayers cannot be adjudicated upon by this Ld. Commission within the purview of the Consumer Protection Act, 2019.
Regarding the prayer as mentioned for granting the claim in the instant application Rs.4,99,999/- only which shall include the cost of litigation and compensation to the Complainant for causing harassment to the Complainant as well as unfair trade practice.
In respect of the aforementioned relief we are to say that what prompted the Complainant to claim a sum of Rs.4,99,999/-, no quantification for such hefty claim has not been given by the Complainant. It is the settled principle of law that every relief/claim amount should be substantiated with the cogent documents. No such documents are forthcoming for such claim.
The Complainant has also prayed for direction to the Respondents to provide the service as per the Red X Plan for which the Complainant is paying the bill and restore the service, if any service is being breached by the Respondents.
Regarding the above prayer we are of the opinion that the said prayer is full of surmise and conjecture hence, such prayer cannot be adjudicated upon by this Ld. Commission.
Moreover within the four corners of the petition of complaint the cost of the service has not been mentioned by the Complainant, which is mandatory as per the Consumer Protection Act, 2019.
Due to the abovementioned defects we are not in a position to admit this complaint. Accordingly it is ordered that the Consumer Complaint being no-204/2021 is hereby dismissed without being admitted. There is no order as to cost.
However the Complainant is at liberty to approach before the appropriate Court for redressal of this grievance, if not barred otherwise.
As the complaint is not admitted the Complainant is at liberty to get return of the copy of the petition of complaint and copy of the documents from the appropriate authority of this Ld. Commission. For this purpose the Complainant shall submit separate application before the appropriate authority. The appropriate authority is hereby directed to take immediate step so that the Complainant can get return of the abovementioned documents without any further delay.
Let a plain copy be given to the Complainant free of cost as per the CPR.
Dictated and corrected by
[HON'BLE MRS. Silpi Majumder]
MEMBER
