BEFORE THE DISTRICT CONSUMER DISPUTES
REDRESSAL COMMISSION, JALANDHAR.
Complaint No.262 of 2023
Date of Instt. 07.07.2023
Date of Decision: 01.11.2023
Gram Panchayat Village Kotli Sheikhan, Block Adampur, District
Jalandhar through Sarpanch Mrs. Anju.

..........Complainant

Versus

1. M/s HIS Interlocks Tiles, Situated at Near GEMS Cambridge
School, Jalandhar Bypass, District Hoshiarpur, through its
Proprietor.
2. Harjeet Singh son of Lakshar 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 Sarpanch Mrs. Anju to file and
pursue the present complaint vide panchayat resolution dated:30-03-
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 12,300 interlock tiles of
60mm specification vide Panchayat resolution dated: 07-01-2022 and

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made payment thereof from public fund through Cheque No.013396 i.e.
Rs.1,26,600/- dated:07-01-2022, which was duly received by OPs. At
the time of receipt of aforesaid amount, the OPs assured the
complainant panchayat that the requisite interlock tiles would be
delivered within 15 days. But OPs have failed to delivered interlock
tiles. Now more than one and half years have been elapsed so far from
the date of receipt of payment by OPs and despite persistent requests
and visits by the complainant through its Sarpanch, OPs have failed to
deliver 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 official and presently posted as Dy.
Superintendent of Police, Hoshiarpur. As per assurance of OPs, the
complainant panchayat also purchased ancillary material which
includes sand, cement etc. which was to be utilized for the purpose of
fixing interlock tiles. However, due to non-supplying of 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 numerous
time to either supply the interlock tiles or in alternative to refund the
amount thereof, however, the OPs kept on lingering on the matter on
one pretext to another and ultimately the complainant panchayat was
constrained to issue a legal notice dated: 20-06-2023 through its
counsel through registered post upon the OPs. However, OPs refused to
receive the legal notice and the same were received back un- delivered
with the report of "REFUSED". Meaning thereby that the OPs are
negligent in performing their part of the contract. In this way, the OPs
not only negligent in performing their contract but also have cheated the

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complainant panchayat by not supplying tiles despite receiving the
amount for Rs.1,26,600 and thereby caused huge financial losses to the
complainant panchayat and it also amounts to unfair trade practices and
unscrupulous exploitation of consumers and as such necessity arose to
file the present complaint with the prayer that the complaint of the
complainant may be accepted and OPs be directed to refund
Rs.1,26,600/- i.e. the cost of balance 12,300/- tiles not supplied by the
OPs alongwith interest @ 18% per annum. Further, OPs be directed to
pay a compensation of Rs.1,00,000/- for causing mental tension and
harassment to the complainant.
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 12300 pieces
interlock tiles of 60mm and made the payment thereof also, but the OPs
have not delivered the complete order of interlocks tiles. The
complainant has proved on record the proceedings of the Gram
Panchayat Ex.1 and Ex.C-4. As per Ex.C4 resolution was passed to give
cheque of Rs.1,26,600/- for the purchase of 10,000 interlock tiles for
street from the house of Sandeep to the house of Surinder Singh on
07.01.2022. As per Ex.C-1, it has been mentioned in this proceeding
that 10000 cement block were purchased for Rs.1,26,600/- and cheque

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was given to OP on 07.01.2022. Resolution was passed to file
complaint against OP on 30.03.2023. The complainant has alleged 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 proved by the complainant. The
complainant has not proved that 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 of raising
construction and proceedings, 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 Ex.C-1 and Ex.C-4 produced on record by the
complainant Panchayat. No quotation nor any acceptance have been
produced on record 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 statutory audit of Gram Panchayat to Local Fund

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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