BEFORE THE CONSUMER DISPUTES REDRESSAL FORUM, IDUKKI

Dated this the 30th day of December, 2009

Present:

SRI.LAIJU RAMAKRISHNAN PRESIDENT

SMT.SHEELA JACOB MEMBER

SMT.BINDU SOMAN MEMBER

C.C No.236/2008

Between

Complainant : Joseph Thomas,

Elavumparayil House,

Manippara P.O, Karimban,

Idukki District.

(By Advs: Jose Thomas & Fenil Jose)

And

Opposite Parties : 1. The Assistant Manager,

Kerala State Civil Supplies Corporation Limited, District Depot,

Thodupuzha.

(By Adv: P.M.Johny)

2. The General Manager,

Kerala State Civil Supplies Corporation Limited,

P.B No.2030, Maveli Bhavan,

Maveli Road, Gandhi Nagar,

Kochi – 682 020.

(By Adv: P.M.Johny)

3. The Secretary,

Vazhathoppu Grama Panchayath,

Thadiyampadu P.O,

Idukki District.

(By Adv: Biju Vasudevan)

O R D E R

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
 

A mass petition was given to the MLA, Idukki on 14.10.2003 by the people of Vazhathoppu Grama Panchayath including the Panchayath Member for starting a Maveli Store at Karimban. So the officers of the 2^nd opposite party inspected the place and requested room for the same for two years without rent. So the complainant and the members of "Gandhiji Karshika Swayam Sahaya Sangam"

conducted a meeting on 14.03.2004 at Karimban. As per the decision, they collected Rs.25,450/- from the public and constructed a building in the presence of the Ist opposite party for staring a Maveli Store. The building was handed over to the 3^rd opposite party in a written document. But the same is not yet started. As per the application filed by "Right to Information Act" to the Supply Officer, Thodupuzha, in order to know the reasons for delay, they answered to contact with the 2^nd opposite party. They issued a reply stating that there is a “Labhom Market” at Cheruthoni and a Maveli

Store at Painavu. So there is sanction for only one Maveli Store in a Panchayath. But it is not correct because there are two Maveli Stores functioning in Vathikkudy Panchayath, Idukki. So a wrong information was issued from Smt.Vimala Amma, Assistant Manager of the opposite party. Thousands of people including tribes, members of Scheduled Casts, Scheduled Tribes, agriculture employees of Manippara, Manjappara, Thadiyampadu, Karimban, Upputhodu, Vimalagiri, Kuthirakkallu, Odakkucity, Attikkalam, Churuli, Chelachuvadu and Keerithodu are residing near to Karimban and the nearest place for them for buying day today goods is from Karimban. The illegal act of the opposite parties made the non-sanctioning of Maveli Store there. Hence this petition is filed for getting compensation against them under various heads.

2. As per the written version of the Ist opposite party, it is stated that there is no consumer relationship between the complainant and the opposite parties. No consideration is offered or received by the opposite parties. So the subject matter of the complaint will not come under the purview of the Consumer Protection Act. It is admitted that a representation through the Idukki MLA was given to the Minister for Food, which was forwarded to the Managing Director, Civil Supplies Corporation for necessary action. There was no order to start a Maveli Store at Karimban as alleged in the petition. It is also incorrect to say that the employees of Civil Supplies Corporation demanded building, to start the Maveli Store. It is one of the norms that the concerned panchayath should provide the building on rent free basis for the first 2 years. Even if the building is provided by the Panchayath on rent free, there are other norms which were also should be complied. The Civil Supplies Corporation starts enquiry about the feasibility of the Maveli Store only after getting the Panchayath resolution for the rent free building. The rent free building alone is not the sole criteria for starting a new Maveli Store. The business potential of the area, the distance with two Maveli stores, the number of Maveli store in panchayath wise, prominent institutions in the near vicinity and the type of the building are some of the criteria which are considering for starting a new Maveli Store. The Civil Supplies Corporation cannot override the existing criteria. The present criteria is circulated vide Circular No.64/04 dated 16.10.2004. The opposite parties are not responsible for the alleged agreement on the stamp paper. The Assistant Manager, Smt.Vimalamma made no commitments on behalf of the opposite parties to the complainant. The Civil Supplies Corporation is functioning as per the rules and regulations existing. At present the general rule is that there should not be more than one Maveli store in a Panchayath. The show cause notice issued to the Assistant Manager Smt.Vimalamma from the Information Commission is not due to the wrong information given to the complainant. But it is known that due to the delay in giving the reply and the non-compliance of procedure is the reason for the issuance of the said show cause. The opposite parties have no rivalry towards any one as alleged in the complaint. There are two retail outlets which are conducting directly by the Supplyco at Painavu and Cheruthony and one ARD Sabari store at Karimban in which the goods are sold at the same price at Maveli store, is functioning in Vazhathoppu Panchayath. On the basis of the report of the Depot Manager that sufficient sales will not be available for functioning of one more Maveli store at Karimban, it was decided not to start one more Maveli store at Karimban. The alleged enquiry conducted by the Depot Manager is only a preliminary enquiry regarding the feasibility for a new Maveli store at Karimban in Vazhathoppu Panchayath. The opposite parties did not entrust anybody to raise fund or constructing building since the concerned Panachayath has the duty to provide the building for the Maveli store. There is no loss sustained by the complainant and hence the petition may be dismissed.

3. As per the written version of the 3^rd opposite party, there is no consideration received from the complainant by the 3^rd opposite party and no service received from the 3^rd opposite party. So the complainant is not a consumer as per the definition of the Consumer Protection Act. No claim is raised against the 3^rd opposite party in this petition. One Mr.Raju has supplied a room to the Panchayath by an agreement for starting a Maveli store as per the representation given by the people living in Karimban. There is no objection for the 3^rd opposite party to start a Maveli store at Karimban if the Ist and 2^nd opposite parties are ready for the same. The 3^rd opposite party is ready to provide licence for the same. This matter was informed to the Ward Member. There is no information received from the Ist and 2^nd opposite parties about the starting of the Maveli store to the 3^rd opposite party. So without receiving any remuneration the 3^rd opposite party has given all support to start a Maveli store at Karimban. So there is no deficiency in the part of the 3^rd opposite party.

4. The point for consideration is whether there was any deficiency in service on the part of the opposite parties, and if so, for what relief the complainant is entitled to ?

5. The evidence consists of the oral testimony of PWs 1 and 2 and Exts.P1 to P11 marked on the side of the complainant. No oral evidence adduced from the part of the opposite parties.

6. The POINT :- Complainant with the help of the public, constructed a building for starting a Maveli store at Karimban and handed over the same to the Panchayath for free of rent for two years. The opposite parties deliberately denied the sanction and so this petition is filed for getting compensation for the same. Complainant was examined as PW1. A mass petition was forwarded to MLA, Idukki by the residents of the Vazhathoppu Grama Panchayath, copy of the same is marked as Ext.P10. The said petition was forwarded to the Managing Director of Civil Supplies Corporation for further action by the Hon'ble Minister for Food and Civil Supplies, copy of the proceedings is marked as Ext.P1. As per the request of the Ist opposite party, for a rent free building for 2 years, the complainant who is the President of "Gandhiji Karshika Swayam Sahaya Sangam", passed a report for collecting money for constructing a building, Ext.P3 is the copy of the report. Copy of the agreement written for providing the room for Maveli Store is marked as Ext.P6. The copy of the decision taken by the 3^rd opposite party for providing rent free room for Civil Supplies Corporation is

marked as Ext.P11. Because of the delay caused by the opposite parties, PW1 applied for getting information as per Right to Information Act, which was replied by the 2^nd opposite party stating that,

there are two outlets of Civil Supplies Corporation are functioning in Vazhathoppu Panchayath which are at Cheruthoni and Painavu, so there is no chance for a profitable Maveli store at Karimban,

which is marked as Ext.P8. The copy of the reply issued by the Vigilance Officer, Appellate Authority, Kerala State Civil Supplies Corporation is marked as Ext.P7. The reply stating the number and details of Civil Supplies outlets in Idukki district is marked as Ext.P9. As per the written version and the cross examination of the opposite party, no written document given by the Ist and 2^nd opposite parties to construct a building for Maveli store at Karimban. It is the Govt. policy to start a Maveli store. The Ist and 2^nd opposite parties have the power to give a detailed report about the availability

of the Maveli store to the Managing Director of Civil Supplies Corporation. The decision taken by the Government as per the circular dated 16.10.2004 as 64/2004. PW2 is the Panchayath Member, as per PW2, a building was constructed in the Panchayath for the Maveli store as per the request of the opposite party. But after it was heard that one Maveli store is already running in that Panchayath and so it cannot be allowed. But there was a Maveli store at the time of applying for the same. Considering the evidence, the complainant with the help of the PW2, a mass petition was filed and it was forwarded for further action, for the starting of a Maveli store. A rent free room for 2 years is needed for the same. PW1 and PW2 presided over the construction of the building with the fund of the public. But the Maveli store was not sanctioned because a report was filed by the Depot Assistant Manager of Supplyco stating that "there is another Maveli store functioning 6 km away from there, and one "Labhom Market" is also functioning at Cheruthony. So if one more Maveli store is started it will be a loss of Rs.8,000/- per month for the Corporation". Copy of the letter stating the same is Ext.P7. It is the policy of the Government to start a Maveli store, the Ist and 2^nd opposite parties can only investigate and report about the feasibility of the Maveli store, the decision is taken from the

Govt. as per order dated 16.10.2004. There is no evidence or document produced by the complainant stating that opposite parties 1 and 2 have given any request for constructing a building therein for Maveli store. As per the written version of opposite party, they only inspected the place and enquired about the building as per the direction of the Managing Director of Civil Supplies Corporation. So we think that there is no deficiency is seen from the part of the Ist and 2nd opposite parties, no claim is raised against the 3^rd opposite party.

Hence the petition dismissed.
 

Pronounced in the Open Forum on this the 30^th day of December, 2009

Sd/-

SRI.LAIJU RAMAKRISHNAN(PRESIDENT)
 

Sd/-

I agree SMT.SHEELA JACOB(MEMBER)
 

Sd/-

I agree SMT.BINDU SOMAN(MEMBER)

APPENDIX

Depositions :

On the side of Complainant :

PW1 - Joseph Thomas

PW2 - Elsy Baby

On the side of Opposite Parties :

Nil

Exhibits:

On the side of Complainant:

Ext.P1 - True copy of letter dated 20.10.2003 issued by the Minister for Food & Civil Supplies

Ext.P2 - True copy of letter dated 10.11.2003 issued by the concerned MLA to the Panchayath Member

Ext.P3 - True copy of Minutes dated 14.03.2004 of Gandhiji Karshika Swayam Sahaya Sangam, Karimban

Ext.P4 - True copy of Proceedings dated 15.9.2008 issued by the Commission Secretary, Kerala State Information Commission, Thiruvananthapuram in C.P.660(5)/2008/SIC

Ext.P5 - True copy of Application dated 14.01.2008 for getting information under Right to Information Act, 2005,

Ext.P6 - True copy of Agreement dated 22.06.2004 between G.Ragu, Edaveettil House, Karimban and the Secretary, Vazhathoppu Grama Panchayath

Ext.P7 - True copy of letter dated 2.12.2008 issued by the Vigilance Officer of Supplyco

Ext.P8 - Letter dated 10.09.2008 issued by the Public Information Officer, Supplyco, Ernakulam to the complainant

Ext.P9 - Letter dated 25.05.2009 issued by the Public Information Officer, Supplyco, Ernakulam to the complainant

Ext.P10 - Photocopy of application submitted by the inhabitants of Vazhathoppu Grama Panchayath to the concerned MLA

Ext.P11 - True copy of Minutes dated 10.08.2004 Vazhathoppu Grama Panchayath (Decision No.13)

On the side of Opposite Parties:

Nil