Before the President District Consumer Disputes Redressal  Commission, Kandhamal, Phulbani

C.C. No. 05 / 2019

Present:         Miss Sudhiralaxmi Patanaik       -    President (I/c.).

Sri Purnachandra Tripathy          - Member.

Sri Deepak Kumar Sahu,

S/o: Mangulu Sahu

At:Nuasahi, Masterpada,

PO/PS:Phulbani Town,

Dist: Kandhamal                                          ……………….           Complainant

Versus

1. Managing Director

IL & FS Skill Development Initiative   Ltd.

At-2 ND Floor,Niryat Bhawan, Rao Tula Ram Marg

OPP of Army Hospital Research & Referral

New Delhi=110057

2. Regional Head

IL & FS Skill Development Corporation Ltd.

At-Plot No-1030/2166, Near Delta Square

PO; Satabdi Nagar, Barmunda,

Bhubaneswr-751003 Dist: Khurda.

3. Center In Charge

IL & FS Skill Development,

At- Irrigation Colony, FCI Square

PO/PS: Phulbani Dist: Kandhamal

4. District Employment Officer, Kandhamal

At- Near municipality Office

PO: Phulbani Dist: Kandhamal      ……………….    Opposite Parties.

For the Complainant:  Self

For the Opp. Parties:  Self

Date of order: 17 -12-2020

The Complainant has filed a complaint before this Commission against the Opposite parties U/s. 12 of the C.P. Act., 1986 alleging the deficiency in service on the part of the O.Ps. The case of the Complainant in brief is that the Complainant has a canteen in the name & style as “MAA MANGALA CANTEEN” at Nuasai, Masterpada, Phulbani with a purpose of self employment and earning of livelihood. The Opposite Parties No.1, 2 & 3 under whose the project was conducting and O.P No.4 was the project head who monitored the entire project. The O.P No.2 issued the supply order in favour of the complainant for supply of foods to the trainees for a term of six month. After getting the supply order, the Complainant started supply of meals and Tiffin’s to the trainees from September 2017 to February 2018, and submitted the bills before the O.P No.3 every month. The total billing amount from September 2017 to February 2018 i.e. for  six month was Rs.09, 61,016/-  towards supply of food and received an amount of Rs. 7,09,789/- against the gross billing amount of Rs09, 61,016/-from the OPs further the OPs assured the complainant to clear the remaining amount Rs. 2,51,227/. Thereafter the O.P No.2 & 3 stopped the order to supply the food without any notice and without clear the outstanding amount of Rs. 2, 51,227/- to the Complainant. The Complainant approached the O.P No.2 & 3 for release of the balance amount several times but the O.Ps neither paid the amount nor did they respond the Complainant.  Due to such attitude and negligent behavior of O.P No.2 & 3, the Complainant put forth his grievance before the O.P No.1 and 4 by writing but all efforts ended in vain. It is crystal clear that the O.Ps are intentionally and deliberately not rendering their services in proper towards the Complainant and their non response implies the unfair as the O.Ps functioning the project under Government of Odissa ( OSDA) Being agrieved the Complainant has filed this complaint against the O.Ps. In support of his case the Complainant has filed all the certain documents. Accordingly notice issued to the OPs and on behalf of OP No- 2 &3 Sri Santunu Kumar Sarangi Regional Manager Learnet Skills, Ltd Odisha, Bhubaneswar appeared and filed a letter dated- where he stated that the matter has been amicably settled out of the court with the complainant and agreed to pay the balance amount of Rs. 45,627/- to the Complainant within 60 days. During the course of hearing the Complainant also agreed to receive the settled amount of Rs45, 627/- and submitted a letter with a prayer to close the case. The O.P No.4 also appeared and filed his version vide letter No-693 dated-06/11/2020.

We have gone through the case record and perused all the documents filed from both the sides and heard both the parties. Hence order.

O R D E R

The Complainant and O.Ps filed a petition that the matter has already been settled in between the parties and the Complainant does not want to proceed in the case.  In the above circumstances we are hereby directed  the OP No.- 2 to pay the balance amount of Rs 45,627/-to the complainant within 30 days from the date of receipt of the order, further we are not inclined to award any cost against the OPs. Accordingly the C.C is disposed off.  Free copy of this order be supplied to the parties.

The order pronounced in the open Court today on this the 17^th day of December 2020.

Member                                                                                              President