HON’BLE MR. JUSTICE MANOJIT MANDAL, PRESIDENT

1. The instant complaint case was filed under section 12 of the Consumer Protection Act, 1986 (in short, 'the Act') by the complainant Arun Kumar Sadhukhan for the alleged deficiency in services and unfair trade practice on the part of the opposite party.  The complainant Arun Kumar Sadhukhan has filed the instant complaint case praying for the following reliefs :-

“i) An order / award directing the opposite party to immediately deliver possession of the complete constructed portion as mentioned in the schedule ‘B’ hereunder along with completion certificate and the concerned documents showing delivery of possession of the flat in question and the sanctioned plan and relevant documents with immediate effect.

ii) An Award for compensation for a sum of Rs.20,00,000/- for mental pain and agony of the complainant on account of failure to deliver the constructed portion in terms of the Agreement dated 16.09.2016.

iii) For an Award in favour of the complainant for adjustment of a sum of Rs.1,00,000/- spent for completion of the incomplete flat out of the amount of security deposit lying under the custody of the complainant to be refundable to the opposite party on delivery of the complete constructed portion to the complainant hereof.

iv) For payment of interest on decreetal dues till recovery of the same according to law.

v) For all cost of the proceeding.

vi) Any other relief / reliefs to which the Complainant may be found entitled to both in law and in equity.”

2. After filing of the complaint case notices were duly served upon the opposite party. 

3. On receiving the notices the opposite party entered appearance in this case and contested the case by filing written version.  

4. After filing of the written version by the opposite party the complaint case was fixed on 11.01.2023  for filing evidence on affidavit by the complainant.  On that date the complainant did not file evidence on affidavit on his behalf.  Another date was given and the case was fixed on 11.02.2023. On 11.02.2023 the complainant did not file evidence on affidavit in support of their case.  By order No. 11 dated 15.02.2023 another chance was given to the complainant for filing evidence on affidavit and the matter was fixed on 14.07.2023. On 14.07.2023 the complainant did not turn up before this Commission and did not file evidence on affidavit in support of his case.  As such, the evidence of the complainant was closed by order No. 12 dated 14.07.2023. 

5. From the above, it may be concluded that to prove the case the complainant did not file any evidence on affidavit. Moreover, it appears to us that the complainant along with the petition of complaint filed some Annexures which are photocopies. The record goes to show that the complainant did not tender such photocopies before this Commission.  So, the said photocopies which are annexed along with the petition of complaint cannot be accepted at all.  

6. Under these facts and circumstances and on consideration of the materials on record it may be concluded that the complainant has failed to adduce any evidence in support of his case.  In the result, the complainant has failed to prove his case by cogent and corroborative evidence.  So, the complaint case filed by the complainant is not maintainable and is liable to be dismissed. 

7. In the result, the complaint case be and the same is dismissed.