BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.263 of 2023
Date of Instt. 07.07.2023
Date of Decision: 01.11.2023
Gram Panchayat Village Dolike Sunderpur, Block Adampur, District
Jalandhar through Sarpanch Sh. Manoj Kumar.

..........Complainant

Versus

1. HIS Interlocks Tiles, Situated at Near GEMS Cambridge School,
Jalandhar Bypass, District Hoshiarpur, through its Proprietor.
2. Harjeet Singh son of Lashkar Singh Sandhu, resident of Colony
Mount Avenue, Block B-170, Phagwara Road, Hoshiarpur.
….….. Opposite Parties
Complaint Under the Consumer Protection Act.

Before: Dr. Harveen Bhardwaj (President)
Sh. Jaswant Singh Dhillon (Member)

Present: Sh. A. K. Gupta, Adv. Counsel for the Complainant.

OPs No.1 and 2 exparte.

Order

Dr. Harveen Bhardwaj (President)

1. The instant complaint has been filed by the complainant,
wherein it is alleged that the complainant is a legal body (i.e. Gram
Panchayat) duly constituted under law and capacity to sue and be sued.
The complainant has authorized its Panch Sh. Manoj Kumar to file and
pursue the present complaint vide panchayat resolution dated: 27-03-
2023, who is also well conversant with the facts of the present
complaint. The OP No.1 is a sole proprietorship firm with OP No.2 as
its proprietor which is engaged in the business of manufacturing,
supplying and trading of interlock tiles. The complainant panchayat
placed an order to the OPs for purchase of 91,350 PCs interlock tiles of
60 mm specification vide Panchayat resolution dated: 08-10-2020,

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27.10.2020, 15.01.2021, 14.02.2021, 19.02.2021, 01.03.2021. The
complainant panchayat made payment thereof to the tune of
Rs.11,56,491/- from public fund account duly maintained in IDBI Bank
in following manner, viz.
(i) Rs. 5,06,400/- on dated: 03-11-2020 vide payment advices.
(ii) Rs. 3,48,150/- on dated: 10-03-2021 vide payment advices
(iii) Rs.1,58,250/- on dated: 17-03-2021 vide payment advice

(iv) Rs.1,43,691/- on dated: 25-03-2021 vide payment advice, which
were duly received by the OPs through their bank account. At the time
of receipt of aforesaid amount, the OPs assured his client that the
requisite interlock tiles would be delivered within 15 days. But the OPs
delivered only 34,137 tiles in 16 installments, viz. Now more than two
years has been elapsed so far from the date of receipt of payment by
OPs and despite persistent requests and visits by the complainant-
panchayat through its Sarpanch and other panchs, OPs have failed to
deliver balance 57,213 interlock tiles. OPs kept lingering on the matter
on one pretext to another, which amounts to deemed refusal on their
part. Further, OP No. 2 also threatened the Sarpanch of complainant
panchayat under the name of his brother, who is police department and
presently posted as Dy. Superintendent of Police, Hoshiarpur. As per
assurance of OPs, the complainant-panchayat has also purchased
ancillary material which includes sand, cement etc. to the tune of lacs of
rupees, which were to be used for the purpose of fixing interlock tiles.
However, due to non-supplying of balance 57,213 interlock tiles, the
aforesaid ancillary material became waste and useless, causing
additional burden/loss to the public fund. The complainant-panchayat
through its Sarpanch and other panchs requested the OPs a number of
time to either E supply the balance 57,213 interlock tiles or in

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alternative to refund the amount thereof, however, the OPS kept on
lingering on the matter on one pretext to another and ultimately the
7023 complainant-panchayat was constrained to issue a legal notice
dated: 06-06-2023 through its counsel through registered post upon the
OPs. Though, the legal notice was duly served upon OP No.2, but the
OPS neither came forward to pay the amount equal to balance tiles nor
tendered any reply thereof. The legal notice sent to OP No.1 was
received back undelivered with the report of "REFUSED", meaning
thereby that the OPs denied to perform their part of the contract which
amounts to negligence on the part of OPs and hence this complaint filed
with the prayer that the complaint of the complainant may be accepted
and OPs be directed to refund of Rs.7,24,317/- i.e. the cost of balance
57213 tiles (@ Rs.12.66 per tile) not supplied by the OPs, alongwith
interest @ 18% per annum from the date of payment to till date of
actual realization. Further, OPs be directed to pay a compensation of
Rs.2,00,000/- as compensation and Rs.55,000/- as litigation expenses.
2. Notice of the complaint was sent to the OPs but the OPs
refused to accept the same and ultimately OPs were proceeded against
exparte.
3. In order to prove his respective version, the counsel for the
complainant has produced on the file their respective evidence.
4. We have heard the learned counsel for the complainant and
have also gone through the case file as well as written arguments
submitted by the complainant very minutely.
5. The complainant has alleged that the complainant
panchayat placed an order to the OPs for purchase of 91350 PCs
interlock tiles and made the payment thereof also, but the OPs have not
delivered the complete order of interlocks tiles. The complainant has

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proved on record the proceedings register of the Gram Panchayat
Ex.C1, wherein the complainant Manoj Kumar has been authorized to
file the complaint. Ex.C4 to Ex.C-9 are the proceedings of the Gram
Panchayat. As per Ex.C-4, it has been mentioned in these proceedings
that 20000 cement block have been purchased from Hind Tiles for
Rs.2,53,200/-. Similarly, vide proceeding dated 27.10.2020, 20000
cement blocks were purchased again for Rs.2,53,000/-. As per Ex.C-1
12500 cement blocks were purchased for Rs.1,58,250/- on 15.01.2021
and vide proceedings dated 14.02.2021, 12500 cement blocks were
purchased for Rs.1,58,250/-. As per Ex.C-8 15000 cement blocks were
purchased on 19.02.2021 for Rs.1,89,900/-. Vide Ex.C-9, 11350 cement
blocks were purchased for Rs.1,43,691/- from Hind Tiles. Ex.C-10 to
Ex.C-15 are the receipts showing the payment made to HIS interlock
tiles. Ex.C25 to Ex.C32 are the cash memos, in which the number of
tiles have been mentioned, which have been allegedly sent to the
complainant, but these documents nowhere show the amount for the
pieces of interlock tiles sent by the OP. In these documents, it has
nowhere been mentioned that these cash memo belong to the interlock
tiles ordered by the Gram Panchayat. The resolution has been produced
by the complainant alleging that since the construction work was being
done, therefore, the tiles were required, but the complainant has not
produced on record the copy of any bill issued by the OP on the basis of
which the order was placed by the complainant for the purchase of the
interlock tiles nor any quotation has been filed on record by the
complainant to show that the rates of the OP were genuine. Though, the
complainant has alleged that the rates have been fixed by the Govt. for
the purchase of the tiles, but the complainant is to prove that the OP has
agreed to sell the tiles on the rates fixed by the Govt., but nothing has

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been proved by the complainant. The complainant has failed to prove
any order was placed to the OP for the interlock tiles. It is mandatory
for the complainant Panchayat, as the grant is granted by the Govt., to
maintain the complete record of the things/articles purchased by the
Gram Panchayat, so that the grant granted by the Govt. can be
accounted for by the Gram Panchayat. Without quotation or without bill
or without resolution and proceedings regarding raising construction of
street or any place, no grant can be sanctioned and no approval can be
given by the Govt. or the Gram Panchayat for the purchase of the
interlock tiles nor there is any reference of any such quotation or bill in
the proceedings produced on record by the complainant Panchayat.
Ex.C26 to Ex.C32, which are the cash memos, in the name of HIS
interlock tiles and one is in the name of Hardial Singh Dulike. Ex.C-22
to Ex.C-24 and Ex.C-31 are of Village Dulike. All these cash memos
are not relating to the Gram Panchayat i.e. the complainant. Only the
Ex.C-18 to Ex.C-21 are relating to Sarpanch Gram Panchayat, Village
Dulike, but these cash memos are without the amount and the receipt of
the tiles is by some Hardial Singh, but as per the resolutions produced
on record by the complainant, the name of Hardial Singh nowhere finds
mentioned. No resolution has been produced on record to show that it
was decided by the Gram Panchayat to purchase the interlock tiles
through the OP only proceedings have been produced on record by the
complainant vide which the payment was allegedly made by the
complainant. The Panchayat Secretary is responsible for keeping track
of the work done by the Panchayat, but there is no letter from
Panchayat Secretary to prove that the interlock tiles were decided to be
purchased from the OP. The funds are to be maintained by the
Panchayat Secretary. The State Govt. and Trust has entrusted the

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statutory audit of Gram Panchayat to Local Fund Department. So, that
the funds used by the Gram Panchayat be scrutinized, but nothing has
been produced on record by the complainant. So from all the angles, the
complainant has failed to prove any deficiency in service and unfair
trade practice on the part of the OPs and thus, the complaint of the
complainant is without merits and the same is dismissed with no order
of costs. Parties will bear their own costs. This complaint could not be
decided within stipulated time frame due to rush of work.
6. Copies of the order be supplied to the parties free of cost,
as per Rules. File be indexed and consigned to the record room.

Dated Jaswant Singh Dhillon Dr. Harveen Bhardwaj
01.11.2023 Member                     President