CC Filed on 26.11.2007<br /> Disposed on 23.04.2008<br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated 23.04.2008<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No.286/2007<br /> <br /> M/s ESS & ESS Links Perfect<br /> Security Systems,<br /> # 404/1, Hosur Main Road,<br /> Above Kaveri Nursing Home,<br /> 2nd Floor, Madivala,<br /> Rep: by its Proprietor<br /> Sri. Somashekaraiah. Complainant <br /> <br /> (By Advocate Sri. M.Munegowda & Others)<br /> <br /> V/S<br /> M/s S.S.Southern City Developers <br /> Private Limited,<br /> Flat No.401, Plot No.269,<br /> La Maison De Rause Apartment,<br /> 100 Feet Road, Indiranagar,<br /> Bangalore – 38.<br /> Rep: by its Officer<br /> Sri. Abhimanyu. Opposite Party<br /> <br /> (By Advocate Sri. C.Kodandappa & Others) <br /> <br /> ORDERS<br /> <br /> This is a complaint under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite party to pay the security service charges of Rs.3,59,250/- with service tax at 12.36% over <br /> <br /> <br /> CC No.286/2007<br /> the same to the complainant for the period from 24.04.2007 to 30.09.2007 by deducting advance of amount of Rs.40,000/- already received with interest, costs etc.,<br /> <br /> 2. The complainant has alleged that he provided 20 security guards and one supervisor to opposite party from 24.04.2007 to 30.09.2007 for the purpose of providing security to the premises by name Metro City developed by opposite party situated at Narasapur - Kolar Highway By-pass Road and it was agreed that the opposite party should pay Rs.5,000/- per month to each security guard and Rs.7,500/- to one supervisor and the total amount payable comes to Rs.3,59,250/- and the opposite party has agreed to pay the service tax at 12.36% over the same and that the complainant had received Rs.40,000/- as advance. It is alleged that the opposite party failed to pay the balance amount inspite of repeated demands and the said conduct of opposite party amounts to deficiency on his part. <br /> <br /> 3. The opposite party appeared and contended that the security was provided only for the period from 24.04.2007 to 31.05.2007 and the total amount payable comes to Rs.95,842/- and the service charge payable was 12.24% but not 12.36%. Further he contended that out of the amount payable by him he has already Rs.68,000/- and the balance payable is Rs.27,842/-. He offered to pay the same to complainant.<br /> <br /> 4. We heard the learned counsel for parties. We cannot investigate the claim of complainant in this Forum. As the opposite party admitted and offered to pay Rs.27,842/- to complainant we can note the payment of said amount. The remaining controversies are kept open for decision <br /> <br /> <br /> CC No.286/2007<br /> before the appropriate Court or Authority as may be provided by law. Hence we pass the following:<br /> O R D E R <br /> <br /> The opposite party is directed to pay Rs.27,842/- to complainant. The parties are left to agitate their dispute before any Court or Authority as may be provided under law. No costs. <br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 23rd day of April 2008.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br />