Karnataka

Chitradurga

CC/137/2018

B. Chithanya Prabu, The Proprietor, - Complainant(s)

Versus

. The Executive Engineer, Minor Irrigation Division - Opp.Party(s)

Sri.P.S. Sathyanarayana Rao

02 Nov 2018

ORDER

COMPLAINT FILED ON:19.07.2018

DISPOSED  ON:02.11.2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:137/2018

 

DATED:  2^nd NOVEMBER 2018

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDENT                             B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT	B. Chaithanya Prabu, The Proprietor, Major, M/s Nandi Engineering Consultants, Consulting Civil Engineers and Contractors, 5th Cross, Chowdeshwarinagar, Laggere,  Bangalore.   (Rep by Sri.P.S. Sathyanarayana Rao, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Executive Engineer, Minor Irrigation Division, Beside Aishwarya Fort Road, V.P. Extension, Chitradurga 577 501.   2. The Superintending Engineer, Minor Irrigation Circle, Jayanagar Shopping Complex, Bangalore.   3. The Chief Engineer, Minor Irrigation and Ground Water Development Department, South Zone, K.R. Circle, Bangalore.   4. The Chief Secretary to Government, Government of Karnataka, Vidhana Soudha, Bangalore   (ex-parte)

 

 

 

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OPs to pay Rs.3,40,200/- with interest from the date of submission of detailed project report for rejuvenation of tanks, Rs.5,00,000/- towards compensation, Rs.5,000/- towards costs and such other reliefs.

2.     The brief facts of the case of the above complainant is that, the complainant has prepared the detailed project report for rejuvenation of tanks in Hiriyur, Hosadurga, Molkalmuru and Challakere taluks as against the oral request made by the Departmental Authorities of Minor Irrigation Division, Chitradurga under DC grants in March/April 2011, the works undertaken by the complainant was duly signed by the OP No.1.  It is further submitted that, as per the request and promise of OP No.1 to issue work order for consultancy job, the complainant has prepared the detailed project report and submitted the same to Minor Irrigation Division, Chitradurga in the month of April 2011.  Since from April 2011, the complainant went on requesting to issue the work order and on 25.05.2012, the Deputy Commissioner of Chitradurga has called for explanation from the Executive Engineer, Minor Irrigation Division, Chitradurga for delay in submission ex-posto sanction for the payment of consultancy fee to the complainant and on 15.06.2012, the OP No.1 has submitted the report for the delay caused and with a request to sanction ex-posto sanction for the payment of consultancy work undertaken by the complainant.  It is further submitted that, on 21.11.2012, the Executive Engineer, Minor Irrigation Division, Chitradurga has clearly admitted and written a letter to the Director, Rural Basic Infrastructure and Ex-Officia Joint Secretary, Rural and Panchayath Raj Department, Bangalore stating that, the preparation of DPR work has been entrusted to the complainant to pay the consultancy fee.  On 18.01.2014, the Deputy Director (Technical) RDPR Department, Bangalore has written a letter to the Executive Engineer, Minor Irrigation, Bangalore has written a letter the OP No.1 for submission of detailed report for the consultancy work entrusted to the complainant firm.  Finally on 12^th May 2016, reminder for issue of work order and consultancy payment was given to the OP No.1, the same was referred to the Superintending Engineer and then to the Chief Engineer for getting instruction for payment.  After that, the Secretary to Government, Water Resources Department (Minor Irrigation),Vikasa Soudha, Bangalore was given instruction to the OP No.3 vide letter dated 23.03.2017 to pay the consultancy fee under 2702 Head of Account.  In the meantime, on 22.09.2017, the Secretary, Minor Irrigation and Ground Water Development Department, Vikasa Soudha, Bangalore has directed the Chief Engineer, Minor Irrigation and Underground Water Development Department to take suitable action for payment of consultancy fee to the complainant.  Even then, the OP No.1 has not made any arrangements to make payment even after lapse of 5 ½ years.  Unnecessarily, the letter correspondences are going on and making delay to pay the consultancy fee to the complainant.  In this regard, the complainant has approached and requested orally and by letter correspondence, but no payment has been made to the complainant, which shows the OPs are intentionally making delay in payment to the complainant and dragged on the matter on one or the other pretext.  It is further submitted that, the OP No.1 in their letter dated 21.11.2012 has accepted that due to heavy work load for entrustment of preparation of DPR, directed to the sub-ordinate officers to entrust the preparation of DPR to well-experienced consultancy i.e., the complainant and also accepted the inability to obtain the ex-posto sanction from the Deputy Commissioner, Chitradurga, which shows the OP No.1 has directed their sub-ordinate officers to entrust the work to the complainant.  Moreover, the Secretary, Minor Irrigation and Underground Water Improvement Department, Vikasa Soudha, Bangalore through the Under Secretary has directed the Chief Engineer, Bangalore with a copy addressed to the complainant has clearly directed to pay the consultancy fee to the complainant through letters dated 22.09.2012 and 23.03.2017, but the OP No.1 has not yet paid the amount to the complainant and till now no work order has been given to any consultants for preparation of DPR from the OP No.1, which caused financial crisis, mental agony and very hard days in running the firm.  The cause of action for the complaint arose at Chitradurga when the legal notice has been issued on 20.06.2018, for that, the OPs neither the complied the notice nor make any payment to the complainant, which is within the jurisdiction of this Forum and hence, prayed for allow the complaint.     

3.     Even after service of notice to the OPs, they did not appear before this Forum in person or through their counsels and hence, they placed ex-parte.   

4.     Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A-12 got marked and closed his side.

5.     Arguments heard.

6.     Now the points that arise for our consideration for decision of above complaint are that;

(1)  Whether the complainant proves that the OPs have committed deficiency of service in making payment of consultancy fee to the complainant and entitled for the reliefs as prayed for in the above complaint?

              (2) What order?

        7.     Our findings on the above points are as follows:-

                Point No.1:- Partly in affirmative.

                Point No.2:- As per final order.

REASONS

8.     It is not in dispute that, the complainant has prepared the detailed project report for rejuvenation of tanks in Hiriyur, Hosadurga, Molkalmuru and Challakere taluks as against the oral request made by the Departmental Authorities of Minor Irrigation Division, Chitradurga under D.C grants in March/April 2011 and the works undertaken by the complainant was duly signed by the OP No.1.  As per the request and promise of OP No.1 to issue work order for consultancy job, the complainant has prepared the detailed project report and submitted the same to Minor Irrigation Division, Chitradurga in the month of April 2011.  As per Ex.A-1, the letter dated 16.03.2012 issued by OP No.1 clearly shows that, to prepare the DPR with regard to the rejuvenation work of 22 tanks in Chitradurga has been given to complainant.  Ex.A-4 shows that, the Additional Commissioner, Chitradurga has called for explanation     from the Executive Engineer, Minor Irrigation Division, Chitradurga for delay in submission M ex-posto sanction for the payment of consultancy fee to the complainant.  The OP No.1 has submitted the report for the delay caused and with a request to sanction ex-posto sanction for the payment of consultancy work undertaken by the complainant on 15.06.2012.  Ex.A-6 clearly shows that, the preparation of DPR work has been entrusted to the complainant to pay the consultancy fee.  Ex.A-7 shows that, on 18.01.2014, the Deputy Director (Technical) RDPR Department, Bangalore has written a letter to the Executive Engineer, Minor Irrigation, Bangalore to the OP No.1 for submission of detailed report for the consultancy work entrusted to the complainant firm.  In Ex.A-9, vide letter dated 23.03.2017 the Secretary to Government, Water Resources Department (Minor Irrigation), Vikasa Soudha, Bangalore was given instruction to the OP No.3 to pay the consultancy fee under Head of Account 2702.  Ex.A-10 shows that, on 22.09.2017, the Secretary, Minor Irrigation and Ground Water Development Department, Bangalore has directed the Chief Engineer, Minor Irrigation and Underground Water Development Department to take suitable action for payment of consultancy fee to the complainant, but no payment has been made to the complainant, which shows OPs are intentionally making delay in payment to the complainant.  The OP No.1 in a letter dated 21.11.2012 has accepted that due to heavy work load for entrustment of preparation of DPR, directed to the sub-ordinate officers to entrust the preparation of DPR to well-experienced consultancy i.e., the complainant, which shows the OP No.1 has directed their sub-ordinate officers to entrust the work to the complainant.  The Secretary, Minor Irrigation and Underground Water Improvement Department, Bangalore through the Under Secretary has directed the Chief Engineer, Bangalore through letters dated 22.09.2012 and 23.03.2017 has clearly directed to pay the consultancy fee to the complainant. 

9.     We have gone through the entire documents filed by the complainant and the version and affidavit OPs.  No doubt the complainant has prepared the detailed project report for rejuvenation of tanks in Hiriyur, Hosadurga, Molakalmuru and Challakere taluks of Chitradurga District as per the request made by the OP No.1 under Deputy Commissioner of Chitradurga and the same has been duly signed by the OP No.1.  After submission of report, the complainant has requested the OPs to issue work order, but it went in vain.  The Deputy Commissioner of Chitradurga has called for explanation in this regard from OP NO.1 for delay in submission of ex-posto sanction for the payment of consultancy fee to the complainant, the OP No.1 submitted the report for delay caused with a request to sanction ex-posto sanction for payment of the consultancy work undertaken by the complainant.  On 21.11.2012, OP No.1 has admitted and written a letter to the Director of Rural Basic Infrastructure and ex-Officia Joint Secretary, Rural and Panchayath Raj Department stating that, the preparation of DPR work has been entrusted to the complainant to pay the consultancy fee.  As per the letters dated 22.09.2012 and 23.03.2017 by Secretary, Minor Irrigation and Underground Water Improvement Department, Bangalore through the Under Secretary has directed the Chief Engineer, Bangalore has clearly directed to pay the consultancy fee to the complainant.  So, in view of the above, this Forum comes to the conclusion that, when the report submitted by the complainant to the OPs and the same has been accepted by them, for that the OPs have to pay the consultancy fee to the complainant.  But, the OPs have not made any payment to the complainant, which is the deficiency of service committed by the OPs.  Accordingly, this Point No.1 is held as partly affirmative to the complainant.

          10. Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

 

ORDER

 

The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby partly allowed. 

It is further ordered that the OPs are hereby jointly and severally directed to pay a sum of Rs.3,40,200/- towards consultancy fee to the complainant along with interest @ 9% p.a from the date of complaint till realization.

It is further ordered that, the OPs are hereby directed to pay Rs.10,000/- towards mental agony and Rs.5,000/- towards cost of the proceedings to the complainant. 

 

It is further ordered that, the OPs are hereby directed to comply the above order within 30 days from the date of this order.

 

            (This order is made with the consent of Member after the correction of the draft on 02/11/2018 and it is pronounced in the open Court after our signatures)

           

           

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

-Nil-

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Letter dated 16.03.2012 by OP No.1 to Deputy Commissioner, Chitradurga
02	Ex-A-2:-	Details of work done under the grants of D.C
03	Ex-A-3:-	Details of work done under the grants of D.C
04	Ex.A-4:-	Letter dated 25.05.2012 by the Additional Commissioner, Chitradurga to OP No.1
05	Ex.A-5:-	Letter dated 15.06.2012 by OP No.1 to DC, Chitradurga
06	Ex.A-6:-	Letter dated 21.11.2012 by OP No.1
07	Ex.A-7:-	Letter dated 18.01.2014 by the Rural Development and Panchyatraj Department
08	Ex.A-8:-	Reminder-12 dated 16.05.2016
09	Ex.A-9:-	Letter dated 23.03.02017 by OP No.3 to Chief Engineer, Minor Irrigation (South Zone), Bangalore
10	Ex.A-10:-	Letter dated 22.09.2017 by Secretary to Minor Irrigation and Underground water Development Department to 3 to Chief Engineer, Minor Irrigation (South Zone), Bangalore
11	Ex.A-11:-	Legal Notice dated 20.06.2018
12	Ex.A-12:-	2 postal receipts and 2 postal acknowledgements.

 

Documents marked on behalf of OPs:

-Nil-

 

MEMBER                                                   PRESIDENT

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