Per Smt. Kanchan S. Gangadhare, Hon’ble Member

The Complainant has filed the present complaint against the opponent under section 35 of Consumer Protection Act, 2019

Brief facts of the case are as under :-

1)                The complainant went for holiday on 13/04/2023 leaving his two-wheeler parked inside the opponent society premises which was covered by security and CCTV. The cricket tournament was organized at opponent society. The event organizer committee of the opponent posted messages on the WhatsApp group along with picture that the said two-wheelers needs to be moved out of the parking for the cricket tournament.  However, the complainant didn’t see those messages as he was on holiday. Security supervisor Dubey moved the complainant's two-wheeler from the parking.

2)                The complainant returned from the holiday and could not find his bike on 17/03/2023 in the morning. Thereafter, the complainant enquired with security staff and event organizer team member about his bike. The security staff of opponent society told to the complainant that the bike was parked in the extreme corner behind the security cabin. However, the helmet was missing on the bike. The complainant could not find the helmet in society premises using CCTV camera. The complainant posted message on WhatsApp group of the opponent society regarding his missing helmet. On18/04/2023, the complainant filed complaint with the opponent society and Cricket tournament organization committee for not complying with the terms and conditions granted by the society to conduct their event. On 19/04/ 2023, the complainant lodged one more complaint to the opponent for mental harassment and deficiency in service. On same day, the complainant got his helmet at Society office and he was surprised to know that someone has kept the helmet in security cabin on 17/04/2023 in the night at around 10:00 p.m. 

3)                The helmet was lying in the possession of the opponent and they did not informed to the complainant about it which causes mental harassment to the complainant which forced him to file the present complaint before this consumer Commission to get the compensation of Rs.50,000/-.

4)                The Opponent was duly served with the notice. In spite of several chances given to the Opponent to appear, he did not appear. Hence, matter is proceeded ex-parte against the Opponent.

5)                Documents filed by the complaint:- screen shots of whatsapp messages, maintenance bill receipt, application of Zenith Mitra Mandal to organize cricket tournament, permission letter to organize cricket tournament and email copy of the complaint to the opponent etc.

6)                In view of the above facts and considering the evidence affidavit, documents on record and arguments of the complainant, following points arise for our determination and our findings thereon as are under.

REASONING

7)                The complainant has filed maintenance receipts no.780 of Rs.21,902/- for flat No. 902, ‘A’ Wing for the period of 01/01/2023 to 31/03/2023 on Page No. 15 which makes it clear that the complainant is the member of the opponent Zenith Co-operative Housing Society.

8)                It is contention of the complainant that, the complainant went for holiday on 13/04/2023 leaving his two-wheeler parked inside the opponent society premises which was covered by security and CCTV. The cricket tournament was organized at opponent society. The event organizer committee of the opponent posted messages on the WhatsApp group along with picture that the said two-wheeler needs to be moved out of the parking for the cricket tournament. However, the complainant didn’t see those messages as he was on holiday. Security supervisor Dubey moved the complainant's two-wheeler from the parking and parked in the extreme corner behind the security cabin. In support of this contention, the complainant has filed the letter of opponent society dated 29/01/2023 permitting the Zenith Premier League to conduct the cricket tournament on 14^th, 15^th and 16^th April 2023. The complainant has also filed the whatsApp chat along with photographs at Exh. ‘A’ Page No.3. We have perused those photographs and chat carefully and observed that the photographs are not clear hence, cannot identify the complainant’s bike in photograph. Moreover, the complainant pointing arrow towards bike which is different from the bike on which the helmet was hung up. However, on the basis of above evidence on record, we believe that the complainant’s bike was moved out of parking.   

9)                The complainant has filed letter containing terms and conditions dated 29/01/2023 which specifically mentioned the ‘alternate parking arrangement of members cars would be organizer members responsibility’ which the committee has not complied with. However, before moving complainant’s bike, the organizer committee has forwarded messages on the WhatsApp group of the opponent society requesting to park the vehicles in other parking area. However, the complainant was not present in the society and didn’t read those messages so the security staff moved his bike from the parking. It is contention of the complainant that the security staff of opponent society told to the complainant that the bike was parked in the extreme corner behind the security cabin. The complainant found the bike but the helmet was missing. The complainant could not find the helmet in society premises using CCTV camera. The manager of the opponent society informed that CCTV was not covering that angle where the bike was parked. The complainant failed to file report regarding coverage of CCTV or any other conclusive evidence. In our view, the cricket tournament was organized well in advance, notice regarding parking was also circulated and the complainant was not present in the society at the time of tournament. So, the committee members moved the bike from parking for tournament. From the photographs filed, all bikes are seen on safe place. We cannot find any deficiency of the opponent in this regard.

10)              Further, it is contention of the complainant that his helmet was missing hence, he posted message on WhatsApp group of the opponent society regarding his missing helmet. On 18/04/2023, the complainant filed complaint with the opponent society and Cricket Tournament Organization Committee for not complying with the terms and conditions granted by the society to conduct their event. The complainant has not filed complaint dated 18/04/2023 and whatsApp communication regarding missing helmet. In our view as discussed above organizer committee complied with terms and conditions. On 19/04/2023, the complainant lodged one more complaint to the opponent for mental harassment and deficiency in service.  On the same day, the complainant visited Society office and he got his helmet. The copy of complaint to the opponent through email is on record at Exh. ‘E1’ on Page No.8. We are of the view that after filing complaint, on the same day, the complainant got his helmet. Accordingly, we are of the considered view that the opponent’s employee moved the complainant’s bike safely and parked in a safe place. The complainant got his missing helmet immediately on lodging complaint with the opponent. The complainant’s bike and helmet found in a good condition without any damage.  Hence, we do not find any deficiency on the part of the opponent.

11)              On the basis of above discussion and evidence on record, we are of the opinion that the complainant has not brought any conclusive evidence on record to prove the deficiency in service on the part of the opponent society. Hence, we are of the considered opinion that the present complaint deserves to be rejected. Accordingly, we pass the following order.

ORDER

1. Consumer Complaint No.CC/77/2023 stands dismissed.
2. No order as to costs.
3. Inform the parties accordingly.