By Sri. MOHANDASAN.K, PRESIDENT

1. The complaint in short is as follows:-

The complainant approached opposite party for a shop room to commence an establishment in the name and of style Eva photographia . The opposite party agreed to provide including license and other incidental facilities to the establishment as per the agreement. The complainant paid an amount of Rs.20,000/- (Rupees twenty thousand rupees only) as advance  and also agreed to pay Rs.6,000/- (Rupees six thousand only) as rent per month. The complainant made arrangements for interior works, floor works, partition, painting, wiring etc with in short period and made the room in to a functionable condition. The complainant thereafter approached the Municipality for the license and at that time it was came to know that the building was not a commercial building. The complainant immediately approached opposite party and informed the same and that time the opposite party said that it is mistake in the building plan and it will be corrected immediately.   The opposite party did not rectify the short coming but the complainant was ousted from the shop room when the agreement period over. Thereafter the opposite party and his man named one Kunhippa came to complainant and his friend and scold and threatened them. The complainant then approached Manjeri Police station and lodged a complaint.  The act of the opposite party introducing the shop room which was not with proper license to run a shop room caused inconvenience and hardship to the complainant.  Whenever the complainant approached the opposite party for the license the opposite party sent back the complainant stating lay excuses.   The complainant could not open the shop and thereby he sustained a loss of rupees about Rs. 2,00,000/- (Rupees two lakh only) and rent amount of Rs.96,000/- (Rupees Ninety-six only) till 2019 July from the date of agreement. The complainant approached legal services authority also for the grievance but the opposite party threatened the complainant and refused to redress his grievance. Hence this complainant is filed to redress his grievance.

2.         On admission of the complaint notice was issued to the opposite party and on receipt of notice the opposite party filed detailed version denying the entire averments and allegations in the complaint.

3.         The opposite party agreed that the residential room of first floor was rented to the complainant. But opposite party denied that there was an agreement between the complainant and opposite party. The above said building has got commercial license for the ground floor and there are vacant rooms also in that floor. The opposite party expressed his willingness to provide those rooms for the rent but the complainant did not accept the same. The complainant demanded rooms in the up stair and also suggested that no agreement is required but expressed willingness to give Rs. 6,000/- per month with the available facilities.   The complainant was told to the opposite party that they require only minimum facility to work from there. The opposite party agreed for the same but the complainant defaulted the rent. Whenever complainant approached by the opposite party for rent he was not available but the workers only was available. The opposite party approached the complainant at his residence for the rent and at that time he was given Rs. 24,000/- to the opposite party through two occasions. The contention of the opposite party is that some mysterious transactions were in the room and the opposite party enquired about the same but the complainant did not co-operate with the enquiry.  The opposite party contented that the complainant was trying to get license from the Municipality through manipulated documents. The complainant defaulted in remitting electricity bill worth Rs.7,046/-. The opposite party demanded rent arrears and also to vacate the room through mediators and then the complainant asked six months time for payment of arrears. Thereafter complainant started to file complaints and also manipulate documents. The building has got three storeys and the ground floor is permitted for commercial purpose. The other two storeys are designed for residential purpose and the construction work is not yet finished. The complainant demanded the room for processing flex advertisement boards, banners, and photo and also for accommodation purpose of his workers. The demand of the complainant was being short term purpose the room was given for a minimum rent.   The complainant utilized the room from 2017 December up to 2019 July ie, 20 months. The consumption of electricity during this period was increased and the electricity people recognized the exorbitant usage of power and then the complainant vacated the room. The opposite party contented that the complainant utilized the scanner and printer with ill motive and the current was used illegal way.  The complainant was liable for payment of 20 months’ rent and out that 24,000/- was deposited in the account of the opposite party. The opposite party also admitted that the complainant paid some amount directly to the opposite party and the arrear of rent was Rs.48,000/- at the time of vacating the room.

4.         The opposite party denied the entire allegations in the complaint and submitted that complaint does not come under the purview of Consumer Protection Act. More over the complainant tried to forge the signature of the opposite party and made attempt to obtain license using forged document.  The opposite party denied the signature in the agreement produced by the complainant along with complaint. He also contends that the building is owned by one more person and there is defect of non-jointer of necessary parties.

5.         The complainant and opposite parties filed affidavit and documents.  The documents on the side of complainant is marked as Ext. A1 to A6. Ext. A1 is copy of rent agreement between complainant and opposite party dated 01-01-2018. Ext. A2 is copy of application for license submitted before Secretary Manjeri Municipality by the complainant on 11/04/2018. Ext. A3 series are copies consent letters of the complainant and building owners submitted for obtaining DO trade licenses. Ext. A4 is acknowledgement receipt issued from Manjeri Municipality. Ext. A5 is copy of complaint filed by complainant before the legal service authority Manjeri. Ext. A6 is a notice issued to the complainant by the district legal service authority, District court Manjeri. The opposite party filed documents and they are marked as Ext. B1 to B3. Ext. B1 is a paper slip without specific description. Ext. B2 is K.S.E.B online payment transaction details of Rs.3240/-. Ext. B3 is demand notice for additional security deposit issued by K.S.E.B dated 02/07/2019.

6.         Heard the complainant and opposite party and the following points arised for consideration: -

1. Whether the complaint is maintainable?
2. Whether there is any deficiency on the part of opposite party?
3. Relief and cost?

7.         Point No.1

The contention of the opposite party is that the complaint is not maintainable. But there is no specific ground is mentioned in the version for contenting none maintainability.  The admitted case is that the complainant was given the room for conducting an establishment in the name and style of Eva photographia. The dispute is that the facilities which was assured by the opposite party was not provided and thereby the complainant sustained loss and hardships.  It is admittedly the responsibility of the respondent to provide the facilities agreed to the complainant at the time of providing room for the commencement of the establishment. If there is any deficiency the complainant is entitled to agitate the same. Hence there is no merit in the contention of the opposite party that the complaint is not maintainable and we hold that the complaint is maintainable.

8.         Point No.2

            The case of the complainant is that he approached opposite party to avail a room owned by the opposite party for establishing an institution in the name and style of Eva photographia. Complainant entered an agreement with opposite party and executed an agreement undertaking to give Rs. 6,000/- as rent per month and also advanced an amount of Rs. 20,000/-. The agreement was valid for 11 months, as per the agreement the complainant under took to pay the electricity charges and water charges. Accordingly the complainant furnished the room. Complainant submit that he spent around Rs.2,00,000/- for the same. Thereafter he approached the municipal authorities along with letters of under taking and consent. But it was learned that the room provided to the complainant was not part of a commercial building.   While he approached the opposite party, the opposite party said that it was due to some mistake and it will be rectified at the earliest occasion. But it was never happened. When the rented period was over he was forced to vacate the room and he was threatened by one person named Kunhippa on behalf of the opposite party.   Aggrieved by the incidence the complainant approached the police as well as legal services authority. According to complainant he had paid Rs. 96,000/- to the opposite party and out of that 24000/- was paid through 2 transactions of Rs.12, 000/- each. The complainant submits that the opposite party entrusted the room to him after convincing that the room can be used for the purpose revealed by complainant. The opposite party will fully hide the fact the building was without commercial license. Hence there is deficiency in service as provided under the Consumer Protection Act and entitled for relief accordingly. The complainant produced Ext. A1 to A6. Ext. A1 is an agreement between the complainant and the opposite party. Ext. A1 says that the opposite party has got owner ship and possession of the disputed room and he has agreed to give the room to the complainant from 01-01-2018 onwards for 11 months. Rent fixed as Rs.6, 000/- per month and he received 20,000/- rupees as advance. The document Ext. A3 series includes the consent letter of the opposite party as the building owner, executed before advocate and notary public Mr. C.M.Abdul Nazar , Manjeri, Malapuram district on 11-04-2018.

9.         The contention of the opposite party is that he is only a co-owner of the building and the co-owner is also to be impleaded as party in the proceedings. But it can be seen that Ext. A1 is executed by the complainant and the opposite party alone.  So the contention is worthless and we don’t find any merit in that contention. 

10.       The contention of the opposite party is that the complainant made attempt to manipulate documents through forged signature. But from the documents produced before this Commission there is no steps has been taken against the complainant by the opposite party for the manipulation of document. If the contention of the opposite party was right there was sufficient opportunity to proceed against complainant before the authorities.  In the absence of any steps in accordance with the contention of the opposite party we accept Ext. A1 and A3 and thereby we hold that there was an agreement between the complainant and opposite party and the opposite party issued consent letter to the complainant to produce before Municipal secretary to obtain license. The contention of the opposite party is that the ground floor has GOT commercial license and the fact was told to the complainant but he opted room in the first floor of the building. The opposite party also says that the complainant opted the room in the first floor because he could have paid only small amount as rent and the facilities therein was sufficient for his purpose.  If the contention of the opposite party is accepted the attempt of the opposite party was to violate the rules and regulations by renting a residential building for commercial purpose. So we don’t find merit in the contention of the opposite party.

11.       The complainant and opposite party admit that the rent amount was Rs.6,000/- per month. The complainant says that he paid 96,000/- rupees altogether to the opposite party towards rent. The opposite party does not admit the claim of the complainant but admit that 24,000/- rupees was paid as two equal installments. The opposite party also admitted that some other amounts also were paid to the account of rent. Neither the complaint nor the opposite party has produced any document for the payment. As per the Ext. A1 the room was rented for 11 months and if that is accepted the total amount of rent is to be paid to  the opposite party is 66,000/-. The complainant stated that on completion of the rented period he was ousted from the rented room. But the opposite party stated that the complainant was asked to continue further six months during the mediation. According to opposite party the complainant was utilizing the room for 18 months. The opposite party has not taken any steps to realize the arrear of rents from the complainant as per record. If the complainant was in use of the rented room for 18 months he might have given 1, 08,000/- rupees to the opposite party. But the complainant claims in the complaint that he had paid 96,000/- rupees to the rent amount. In the absence of sufficient document we accept the contention of the complainant that he had paid only 96,000/- rupees.

12.       The complainant claims that he has suffered a loss of Rs.2,00,000/- . He also claims that he spend Rs. 25,000/- for other purpose also. But there is no sufficient document to show his claim. In the absence of evidence it is not proper to allow the complaint as such. It is also to be noted that he was in use of the rented room during the disputed period. There was no hurdle before the complainant for carrying the work which he meant to be done from the room. He has not produced any document to show that any authority obstructed him from doing his business. Hence it can be inferred that he might have earned something from the work utilizing the room. More over the opposite party has got a contention that the complainant made arrear of current charge. The complainant has not disputed the same.

13.       In the above circumstances the grievance of the complainant can be limited to the defective service on the part of the opposite party providing residential room to the complainant under the pretest of commercial building. It can be seen that the complainant approached the opposite party revealing the purpose of room which is for his lively hood. The opposite party rented the room to the complainant which cannot be used for the purpose of complainant.  So there is no doubt the act of the opposite party is unfair and there is deficiency in service.  It can be seen that the complainant rented the room for the establishment of Eva photo graphs which requires certain incidental facilities.  Though the complainant has not produced any document to show the same he has claimed 20,000/- rupees as his expense for establishing the Eva photographia. In the absence of documents a reasonable sum can be considered towards his expense for furnishing the establishment and we fix that as Rs.1,00,000/-. As stated above the Commission finds that the complainant is entitled for compensation on account of unfair trade practice of the opposite party and their by caused hardship and inconveniences. The Commission fix Rs.50, 000/- as compensation on that account. The opposite party is also liable to pay cost to the complainant and we allow 10,000/- rupees as cost.

14.       In the light of above facts and circumstances we allow the complaint as follows:-

1)         The opposite party is directed to pay Rs.1, 00,000/- (Rupees One lakh only)   

to the complainant on account of unfair trade practice and deficiency in service and thereby caused in convenience, and hardship, to the complainant.

2)         The opposite party is directed to pay Rs.50,000/- (Rupees fifty thousand only) towards the loss sustained by the  complainant on account of furnishing the rented room which is not designed as commercial purpose.

3)         The opposite party directed to pay Rs. 10,000/- (Rupees ten thousand only) to the complainant as cost.

            The opposite party shall comply this order within one month from the date of receipt of copy of this order, failing which the above said entire amount will carry interest at the rate of 12% per annum from today to till realization.

Dated this 5^th day of January, 2022.