Present       

For the complainant         Sh. Pritpal Singh inperson.

1        The present complaint has been filed by Mr. Pritpal Singh against Executive Engineer, Water Supply & Sanitation etc. Opposite Parties (O.P.) under the Consumer Protection Act.

2        The grievance of the complainant is that he is enlisted ‘A’ Class contractor since 1992 and performed contract work for Opposite Parties in the year 2002 but the Opposite Parties have not made the payment of the same and due to non-payment, he financially suffered and due to this reason, he could not take other contract and suffered loss and resultantly claimed Rs. 17.5 Lacs as compensation from the Opposite Parties with further direction to the Opposite Parties to pay for the work he performed in the year 2002, as the Opposite Parties have not released the payment inspite of many representations. Hence, complaint was filed.

3        After hearing the complainant, who appeared in-person, this Forum is of the considered opinion that the complaint is not maintainable under the Consumer Protection Act and secondly complaint is also barred by time as the payment relates to the work allegedly performed by complainant in the year 2002. Otherwise also present complaint has been filed for directing the Opposite Parties to release the payment for the work he performed under the contract in the year 2002 and for this purpose, complaint under Consumer Protection Act is not maintainable and the complainant has to file case under Civil law. A complaint under Consumer Protection Act is only maintainable, if complainant has purchased some articles or availed service, which the complainant found defective or deficient but no such allegations have been made in the complaint. Rather, in the complaint, the service provider is complainant himself because he alleged that he took contract from Opposite Parties and performed work and Opposite Parties are only to pay for work and as such, looking from any corner, the present complaint is not maintainable under the Consumer Protection Act.

4        In the light of above discussion, the complaint being not maintainable is rejected. Original documents, if any, attached with the file be returned to the complainant under proper receipt and identification and remaining papers be consigned to the records. Copy of order be supplied to the complainant free of costs as per rule.

Pronounced in the Open Forum