The complainant has filed this case u/s. 12 of Consumer Protection Act, 1986 with a prayer to direct O.Ps- 1) to pay compensation of Rs. 4,90,604/- 2) to pay demurrage with interest of Rs. 4,59,387/-, 3) to pay compensation of Rs. 90, 000/- for mental agony, 4) to pay litigation cost of Rs. 15, 000/- besides other relief/reliefs as the  Forum may deem fit and proper.

                The case of the complainant, in short, is that the complainant, introducing himself as President of Kolkata Community Human Rights and Welfare Association having Office address at Falakata, District- Alipurduar had made first written agreement with O.P.No.1 and O.P.No.2 on 31/01/2013 and subsequently on 01/05/2013 to build a “ free guest house for helpless out- comers tourist” on the vested land, Plot No. R.S. 969, L.R- 3184, Khatian No. 902, Sheet No.3, J.L.No. 21 of  Revenue Survey No. 124 under Mouza – Falakata. 

                In support of his case the complainant has filed some photocopies of documents as per firisty which are marked as Annexure-‘1’ to Annexure-‘ 7’ (uncertified copy) which indicates bill payment, agreement, resolution and sketch plan/ estimate of that domestic building construction etc.

                The prime allegation of the complainant against the O.Ps stands that even after written agreement followed by verbal reminder thereof along with some payment of consideration thereof, defective construction work done by the O.Ps and thus the complainant has suffered mental pain, agony and unnecessary harassment.

                Be it mentioned here again that despite service of notices upon the O.Ps they did not turn up before this Forum to contest the case and hence the case was heard exparte against them.

                In order to establish the case the complainant has filed evidence on affidavit and also filed written argument. On perusal of the same we find that the same are nothing but re-iterated version of the complaint.

              In this context, the following points were necessarily come up for consideration to reach a just decision of the case.

                                                POINTS FOR CONSIDERATION

1. Is the complainant a consumer u/s.2 (1)(d)(ii) of Consumer Protection Act ?
2. Has this Forum jurisdiction to entertain the instant case?
3. Have the O.Ps any deficiency in service as alleged by the complainant?
4. Is the complainant entitled to get any relief/reliefs as prayed for?

                                                 DECISION WITH REASONS

          We have gone through the record very carefully. Perused the entire photocopies of the documents which filed by complainant. Heard the argument of complainant. 

Point No.1 and 2-

                Answer of Point No.1 is “yes” as per provision laid down u/s. 2(d)(ii) of C.P. Act,1986 because of the facts that the complainant has already availed of services for consideration from the O.Ps to which he partly paid and the O.Ps have partly promised to that effect.

                Answer of Point No.2 is positive because of the facts that the place of construction is at Falakata which is within the territorial jurisdiction of this Forum. The claim amount of the complainant is less than the prescribed limit of Rs. 20 Lakhs. The residences of O.Ps are situated in this District and also cause of action arose within this District. Hence, this Forum has both pecuniary as well as territorial jurisdiction to try of this case.

                Both the points are decided in favour of the complainant.

Point No. 3 and 4 –

                Both the points are taken up together for the sake of convenience and brevity.

                On scrutiny, it reveals that the complainant had made communication to the Gram Panchayet Prodhan and Savadhipati of Panchayet Samity praying for permission to construct free Guest House on the Khas land/vested land of Government. But we find nothing in the materials on record that any such permission from Competent Authority. Hence, all documents go to show that this instant case involves very complicated question of law and fact regarding title of the land, the contractual obligation, arising out of two agreements and also regarding certain payments thereof to O.Ps. In our view, elaborate evidence is needed and the matter requires to be properly adjudicated by Civil Court but not through summery proceedings.

                That apart the Annexure of the complainant show that there is prima facie deficiency in service on the part of the O.Ps towards the complainant despite reliefs cannot be granted to the complainant because of the facts the complainant did not come to this Forum with clean hands. His submitted Annexures show that he prayed before the Prodhan of Local Panchayet as well as before the Sabhapati of Falakaya Panchayet Samity for seeking permission for construction over “Khas land/Vested land” of the Government. But on scrutiny of the case record we found nothing such permission from Competent Authority resulting which it is presumed that he attempted to erect building on Government land illegally.

             Considering the fate of the Point No.3 the answer of Point No.4 is negative. Thus, positive result of Points Nos. 1 and 2 do not help the complainant.

                Thus all the points are disposed of accordingly.

                Considering the above facts and circumstances, we find and hold that the complainant has failed to establish his case and thus he is not entitled to get any relief or reliefs as prayed from this Forum. Hence, it is,

                                                          ORDERED

                That the C.C No. 12 of 2016 be and the same is dismissed exparte against the O.Ps without any costs.

            Let a plain copy of this Final Order be supplied to the concerned parties by hand/be sent under registered post with A/D forthwith for information.

Dictated & Corrected by me