Punjab

StateCommission

A/11/1455

Gram Panchayat Chugha - Complainant(s)

Versus

Gurmeet Singh - Opp.Party(s)

Nakul Sharma

11 Feb 2015

ORDER

                                                               FIRST ADDITIONAL BENCH

 

STATE  CONSUMER  DISPUTES  REDRESSAL  COMMISSION,    PUNJAB

          SECTOR 37-A, DAKSHIN MARG, CHANDIGARH.

                                     

                             First Appeal No.1455 of 2011

 

                                                          Date of Institution: 27.09.2011  

                                                          Date of Decision : 11.02.2015

 

Gram Panchayat Village Chugha, Tehsil Jalalabad, District Ferozepur, through its Sarpanch Pargat Singh.

 

 

                                                          …..Appellant/Opposite Party No.1

         

                                      Versus

 

Gurmeet Singh son of Darshan Singh son of Aalha Singh, resident of Village Chugha, Teshil Jalalabad, District Ferozepur.

 

                                                          ….Respondent/Complainant

 

         

First Appeal against order dated 26.07.2011 passed by the District Consumer Disputes Redressal Forum, Ferozepur

Quorum:-

 

          Shri J. S. Klar, Presiding Judicial Member.

          Shri Vinod Kumar Gupta, Member.  

Present:-

 

          For the appellant              :         Sh.Sukhbir Singh, Advocate

          For the respondents        :         None

 

          . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

                            

J. S. KLAR, PRESIDING JUDICIAL MEMBER:-

                                     

           The appellant (the OP No.1 in the complaint) has directed this appeal against the order dated 26.07.2011 of District Consumer Disputes Redressal Forum, Ferozepur directing the appellant to pay a sum of Rs.50,000/- as compensation to the respondent of this appeal.

2.      The complainant Gurmeet Singh has filed this complaint U/s 12 of the Consumer Protection Act , 1986 (in short, "the Act") against the OPs on the allegations that he took the land of OP No.1 on lease in an open auction after completing all the formalities therefor. On 28.04.2010, the complainant deposited a sum of Rs.4,01,500/-, vide receipt dated 6.5.2011 issued to him in this regard.  The complainant, thus, became consumer of the OPs. The OP No.1 leased out 22 acres of land to the complainant out of which 10 acres of land was not leveled and was, thus, not cultivable properly before handing over its possession to the complainant and agreement to this effect was also executed between the parties. The complainant approached the OPs many times to level the land, but to no effect. The complainant also brought this fact to the notice of the OP, vide office letter dated 1076 dated 22.05.2010, written by Block Development & Panchayat Officer Guru Har Sahai to the District Development and Panchayat Officer, Ferozepur.  The B.D.P.O specifically mentioned that neither the land in question has been leveled by OP No.1 nor they have installed bore therein, as promised.  The complainant followed the instructions of Punjab Agricultural University regarding sowing of crops, spraying etc.. The complainant also purchased fertilizers to the tune of Rs.63,555/- and Rs.30,580/- and pesticides of Rs.10,220/- and Rs.10.105/- from M/s Soni Pesticides, Mandi Guru Har Sahai , for using the same in the above land. That due to non-installation of bore in the leased land and due to its non-levelling by the OPs, the complainant suffered  a loss to the tune of Rs.25,000/- in this regard, thus, he filed complaint against the OPs with the prayer that OPs be directed to give the amount of Rs.25,000/- as loss of the crops  to the complainant and Rs.50,000/- spent on seeds, Rs.1,00,000/- for mental harassment and Rs.5500/- as costs of litigation.

3.      Upon notice, on the OPs by the District Forum, Ferozepur. the OPs, were set exparte by the District Forum,  vide order dated 30.03.2011.

4.      The complainant tendered in evidence his affidavit Ex.C-1, photocopy of receipt for deposit of auction money of Rs.401500/- dated 02.05.2010 Ex.C-2, Newspaper cutting regarding auction of the land Ex.C-3, the letter of BDPO Guru Har Sahai to District Development Officer Ferozepur Ex.C-4, photocopy of jamabandi Ex.C-5, receipts from M/s Soni Pesticides  Ex.C-6 to Ex.C-9, receipt issued by Narula Filling Station for purchase of diesel Ex.C-10 and Ex.C-11, receipt issued by M/s Samandeep Trading Company Ex.C-12, receipt issued by M/s Beri Commission Agent for sale of the crop of the complainant Ex.C-13 and Ex.C-14, photocopy of Jamabandi Ex.C-15. On conclusion of exparte evidence and arguments, the District Forum accepted the complaint of the complainant and directed the OPs to pay an amount of compensation of Rs.50,000/- along with interest @8% per annum to him. Dissatisfied with this exparte order of the District Forum dated 26.07.2011, the OPs now appellant has preferred this appeal against the same. None appeared for the complainant now respondent in this case.

5.      We have heard counsel for the appellant and have also examined the record of the case.   It is an undisputed fact in this case that the complainant took the land of the OPs on auction and deposited the lease money with the OPs, vide photocopy of receipt Ex.C-2, clipping of the newspaper Ex.C-3 may also referred to in this case. The affidavit Ex.C-1 of the complainant, in support of his pleadings, is also on the record. The complainant pleaded and stated on oath that leased land was not leveled and bore was not installed therein by the OPs and hence, he suffered loss due to that reason. The letter No.1076 dated 22.05.2010 was also written by Block Development Panchayat Officer Guru Har Sahai to the District Development and Panchayat Officer, Ferozepur to this effect vide Ex.C-4. It is stated in this letter that it was promised by the OPs to install the bore and to level the leased land to the complainant. It was accordingly, stated in this letter to make due arrangement for installation of bore and to prepare video in this regard. The exparte evidence of the complainant cannot be disregarded in this case , as there is nothing on the record to refute it. The complainant also spent some amount regarding purchase of the pesticides vide Ex.C-6 to Ex.C-9 on the record for his crops in the leased land in dispute. The complainant also purchased the diesel for cultivation of his crop, vide photocopy of receipt Ex.C-10 and Ex.C-11. The complainant also sold the crops at the shop of M/s Samandeep Trading Company vide Ex.C-12 to Ex.C-14 on the record. The affidavit of the complainant finds corroboration from Ex.C-4 on the record in this regard. Neither bore was installed in the leased land as per the pleadings and affidavit of the complainant on the record nor 10 acres of leased land was properly leveled by the OPs, despite the fact that OP No.1 agreed to level the land and to install the bore.

6.      The District Forum awarded the compensation of Rs.50,000/- to the complainant against the OPs about their deficiency in service. The amount of compensation of Rs.50,000/- along with interest thereupon awarded by the District Forum is not unreasonable and is not interfered with in this appeal. The order of the District Forum is, thus, sustainable in this appeal in our view. There is no reason to interfere with the same in this appeal.

7.      In the light of our above discussion, we hereby dismiss the appeal of the appellant exparte with cost which are quantified to Rs.2000/- .

8.      The appellant had deposited an amount of Rs.25,000/- at the time of filing the appeal. This amount with interest, if any, accrued thereon be refunded by the registry to the respondent/complainant by way of crossed cheque/demand draft after 45 days from the date of receipt of copy of this order. Remaining amount as per order of the District Forum shall be paid by the appellant/OPs to the respondent/complainant with 45 days from receipt of copy of this order.

9.      Arguments in this appeal were heard on 09.02.2015 and the order was reserved. Now the order be communicated to the parties.

10.    The appeal could not be decided within the statutory period due to heavy pendency of court cases.

 

                                                                          (J. S. KLAR)

                                                             PRESIDING JUDICIAL MEMBER

                       

                                                                   (VINOD KUMAR GUPTA)

                                                                          MEMBER

 

February, 11   2015.                                                                

(ravi)