Order No.  2  dt.  10/04/2017

          Heard the Ld lawyer for the complainants and perused the materials on record.

          In para-2 of the complaint petition complainants stated that the deceased Shibnath Mukherjee was a monthly tenant in respect of a flat under Landlady Smt Puspa Rani Basu Roy. After the death of said Shibnath Mukherjee  his wife and two daughters, the present complainants became the legal heirs. As per agreement dated  12.03.2012 complainants entered into an agreement with the o.ps since the husband of the complainant (1) and the father of the complainants (2) and (3) were the tenants of Smt Pusparani Basu Roy. But complainant failed to show any document towards tenancy. Moreover no consideration had been paid by the complainants for availing of a flat. Since no consideration had been paid by the complainants  the definition of service cannot come as per section 2(1)(o) of C.P.Act,1986. Here the relation between the complainant and o.ps is purely a landlord tenant relationship. The complainants cannot be termed  as consumer. Therefore the relief cannot be sought from Consumer Forum since the dispute is not a consumer dispute.

          In view of above the present case is rejected. Complainants are at liberty to file this case before appropriate Forum for the selfsame cause of action.

          Supply certified copy of this order to the parties free of cost.