ORDER ON ADMISSION OF COMPLAINT  

SRI.C.V.MARGOOR, PRESIDENT

This complaint is filed under Section 35 of Consumer Protection Act, 2019 by Anand.M resident of Sira town, Tumakuru district to direct the Opposite parties (1) Nagaraju and (2) Mallesh office of KEC International Ltd.  (Finance Department), Bengaluru to pay Rs.10,00,000=00 with interest as compensation.

          2. It is the case of complainant that he being the owner of land Sy.No.209/1 measuring 7 acres-27 guntas situated at Kotta village, Kasaba hobli, Sira taluk. The OP Nos.1 and 2 tried to lay 400 KV line in the land of complainant during the year 2014 then the complainant by filing O.S.No.229/2016 on the file of Civil Judge Court at Sira has obtained permanent injunction restraining the OPs from laying 400 KV line in his land.

3. It is further case of complainant that during the year 2016 on the request made by the OPs the complainant has agreed and allowed the OPs for laying 400 KV line in his land. After negotiation the OPs have agreed to pay compensation amount of Rs.5,75,000=00 and accordingly issued letter dated 18-6-2016. The OPs have paid part compensation amount by way of cheque dated 17-8-2016 for Rs.1,00,000=00 and another cheque for Rs.2,50,000=00 of ICICI bank, Challakere branch. The OPs were due a sum of Rs.2,25,000=00 but they did not pay the said amount. Later on at the fag-end of 2016 the complainant came to know that the OPs by forging the signature of complainant have realised the cheque amount of Rs.2,25,000=00 of ICICI bank, Challakere branch. Cheque was issued to the customer of Punjab National Bank, Tumakuru branch. After making correspondence the OPs have issued two cheques dated 24-11-2020 one of Rs.2,25,000=00 and another of Rs.50,000=00. The OPs have informed the complainant that by oversight the said mistake was happened hence, this complaint.

          4. We have heard the learned counsel for complainant.

5. The complainant not a consumer since no service is provided by the OPs to the complainant. On the contrary an agreement was arrived between the complainant and OPs as the complainant had given consent to lay 400 KV line in his land Sy.No.209/1 of Kotta village and later have agreed to pay compensation of Rs.5,75,000=00. Secondly the complainant has made allegations of forgery and cheating against the OPs. The Consumer Commission cannot decide the complicated question of fact and law of forgery and cheating by the OPs. Already the complainant has received alleged forged cheque amount of Rs.2,25,000=00 plus Rs.50,000=00 on 24-11-2020. If the averments of complaint believed that the OPs have cheated the complainant by forging his signature of the cheque issued for Rs.2,25,000=00 in the year 2016 and realized the amount he would have moved the Civil Court for award of compensation and also filed criminal case for forgery of his signature against the OPs. On perusal of the complaint and circumstances of case there is no deficiency of service on the part of OPs. Hence, we proceed to pass the following;

ORDER

The complaint is dismissed as not maintainable.

          Return the original documents to the complainant.