IN THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MURSHIDABAD AT BERHAMPORE.
CASE No.CC/36/2015 .
Date of Filing: 10.03.2015. Date of Final Order: 12.10.2017
Complainant: Pijush Dutta ,S/O Late Shambhunath Dutta, Beldanga Chatterjee Para,
P.O.& P.S. Beldanga. Dist. Murshidabad. Pin 742133.
-Vs-
Opposite Party: 1. Dutta Enterprise(Electrial Contractor) rep. by Prop. Mihir Dutta,
Berhampore Station Road, P.O. &P.S. Berhampore, Dist. Murshidabad.742101.
2. The Station Manafger, WBSEDCL, Beldanga Group Electric Supply,
P.O.&P.S. Beldanga, Dist. Murshidabad. Pin 742133.
Present: Sri Anupam Bhattacharyya …………………. President.
Smt. Chandrima Chakraborty ……………………..Member.
Sri Manas Kumar Mukherjee …………………….. Member.
FINAL ORDER
Sri Anupam Bhattacharyya President.
This complaint has been filed by the complainant U/S of C.P. Act, 1986 praying for an award of Rs.108000/- towards payment of remuneration and for compensation of Rs.10,000/- for harassment, mental pain and agony.
The complainant’s case, in brief, is that the OP No.1 is the electrical contractor under Op No.2 WBSEDCL for the year 2012-13 within Beldanga Municipality area where the complainant was engaged as a labour by op No.1 on 01.09.12 a remuneration of Rs.4200/- p.m to be paid by Op No.1 after getting the same from OP No.2. The complainant is entitled to get Rs.100800/- from Op No.1 towards remuneration for the relation of employer and employees being engaged as contractor under OP No.2. The complainant was engaged for the year 2013-14.
The written version filed by OP No.1, in brief, is that the complainant was not engaged as labour for electric al work by OP No.1 on 01.09.12 and issued identity card engaging as labour for the year 2012-13 & 2013-14 . The complainant is not entitled to get Rs.100800/- from OP No.1 as remuneration. There is no employer –employee relation. The complainant was engaged as labour lastly on July, 2013 and the same was received as Rs.240/- by putting signature. The complainant and other three stolen some articles from the site and for that the Op No.1 discharged them from their work as labour and lodged FIR and police case 195 dt. 4.7.13 was started by O.C , Beldanga P.S. there is no deficiency in service on the part of the OP No.1. The complainant is not entitled to get Rs.100800/- from this OP No.1 as remuneration because there is no dues at all from this OP No.1 and the complaint is liable to be dismissed. Hence, the instant written version.
The written version filed by OpNo.2, in brief, is that the OP No.1 is an enlisted contractor of OP No.2 who is not known whether the complainant is an engaged labour of OP No.1. The OpNo.2 never entered into any agreement with the complaint and for that OP No.2 is an unnecessary party and for that the complaint is liable to be rejected. Hence, the instant written version.
Considering the pleadings of the parties the following points have been raised for the disposal of the case.
Points for Decision
- Whether the complaint is maintainable in its present form and law?
- Whether the complainant is a consumer under the ambit of C.P. Act, 1986?
- Whether the complaint is barred by law of limitation?
- Whether the complainant is entitled to get relief as prayed for?
- To what other relief/reliefs the complainant is entitled to get?
Decision with Reasons.
Point Nos. 1 to 5.
All the points are taken up together for the sake of convenience.
The instant case is for an award of Rs.100800/- towards payment of remuneration and for compensation of Rs.10,000/- for harassment, mental pain and agony.
The complainant’s main case is for realization of remuneration of Rs.10800/- for the work done as labour for the work of Op No.2 engaged by OP No.1 and for compensation.
On the other hand the OP No.1‘s case is that the complainant is not entitled to get Rs.100800/- from OP No.1 as remuneration. There was no employer-employee relation. The complainant was engaged as labour lastly on July, 2013 and the same was received as Rs.240/- by putting signature.
And the case of OP No.2 WBSEDCL is that the OP No.2 never entered into any agreement with the complainant and for that OP No.2 is an unnecessary party and for that the complaint is liable to be rejected.
Further case of the OP No.1 is that the complainant and other three stolen some articles from the site and for that the Op No.1 discharged them from their work as labour and lodged GD and G.D.E No. 195 dt. 4.7.13 was recorded by O.C, Beldanga P.S.
To prove the case the complainant has adduced evidence-on-affidavit and has also filed the relevant documents in support of his case along with complaint petition.
On the other hand the OP No.1 has filed their relevant documents in support of his case.
In this case the complainant has failed to adduce any cogent evidence rebutting the evidence adduced by OP No.1 establishing their case.
Considering the materials on record adduced by both parties particularly the acquaintance roll showing payment to the complainant and FIR against the complainant and three others with the allegation of theft and the Beldanga Police recorded the G.D.E No.195 dt. 4.7.13 against them on the basis of that G.D in the month of July and OP No.1 then discharged them including the complaint from that job as labour where the complainant has claimed their performance of work as labour on 1.9.12 and worked for the period from 2012-13 to 2013-14 we can safely conclude that the complainant has hopelessly failed to establish his claim.
Moreover, the OP No.1 hires the service of the complainant and for that the complainant is a Service Provider and not a “consumer’’ as per Consumer Protection Act. So he is not entitled to get any relief from this Forum.
As such we have no other alternative but to dismiss the case of the complainant.
Hence,
Ordered
That the consumer Complaint No 36/2015 be and the same is hereby dismissed on contest.
There will be no order as to cost.
Let a plain copy of this order be made available and be supplied free of cost, to each of the parties on contest in person, Ld. Advocate/Agent on record, by hand under proper acknowledgment / be sent forthwith under ordinary post to the concerned parties as per rules, for information and necessary action.
