Orissa

Rayagada

CC/15/79

Sri Ramakanta Patra - Complainant(s)

Versus

MD. Lamps, - Opp.Party(s)

Self

01 Mar 2016

ORDER

          DISTRICT   CONSUMER  DISPUTES REDRESSAL    FORUM, RAYAGADA

                                                         C.C. Case  No.79/ 2015.

P R E S E N T .

Sri Pradeep Kumar Dash, LL.B,                             President.

Smt. Ch.  Nirmala Kumari Raju, LLB,                    Member

Sri   Rama Kanta Patra, At/Po Gudari, Dist. Rayagada,.

                                                                                                     ………Complainant

Vrs.

1. Managing Director, LAMPS ,Gudari, Po/Ps Gudari, Dist. Rayagada.
2. President, LAMPS, Gudari, Po/Ps Gudari, Dist. Rayagada.                                                                                                                             ……...Opp.Parties

Counsel for the parties:

For the complainant: In Person

For the O.Ps:  Sri  R.P.Padhy and Associates, Advocate, Rayagada.

 

                                                            JUDGMENT

                        The facts of the complaint in brief is that the complainant is a cultivator. The O.ps are the authaorised persons to procure the paddy from the cultivator on the rate of government from time to time. On 26.12.2013 the complainant sold paddy of 63.00 quintals vide receipt No.060420 and another paddy of 31.50 quintals vide receipt No.083561. In total the complainant has sold 94.50 quintals paddy to the Opp.parties. He also received the total selling of Rs.1,23,759/-. As a levy paddy seller the complainant has fixed bonus amount of Rs.100/- per quintal. After several approaches to the Opp.parties they have only paid Rs.3600/- out of Rs.9,450/-. Till date they have not paid the bonus amount of Rs.5850/-. Hence, this complaint.

                        On being notice  the O.ps appeared and filed written version inter alia denying the petition allegations on all its material particulars. It is submitted by the O.ps that the petitioner is not a consumer and the subject matter does not come under the provisions of the C.P.Act,1986. The subject matter is the payment of subsidy of purchase of paddy but the same is being dealt by the Supply Department and the Opp.parties have no role to play in the matter. The O.p No.1 & 2 are no way concerned with the dispute and they have not committed any wrong. The complainant has no cause of action to file this petitio9n and the petition is bad under the law and it is  not maintainable and hence prayed to dismiss the case against them.

                        We heard and perused the complaint petition and documents filed by the complainant and we accept the grievance of the complainant.  The complainant argued that the O.ps have not paid the total bonus amount as declared by the government of Odisha.  During the period of hearing the Opp.Party agreed to pay the balance amount of b onus but failed to pay the same. Since the claim of the complainant is  legitimate, we feel it necessary  to give a direction to the Opp.parties to release the rest bonus amount to the complainant. Hence, it is ordered.

                                                               ORDER

                        The  opposite parties  are directed to pay the balance bonus amount of Rs.5,850/- within one month from the date of receipt of this order, failing which the O.ps are liable to pay interest @12% p.a. on the above ;amount since the date of non payment of bonus amount till the date of payment. Accordingly the complaint is allowed.              Pronounced in open forum today on this 8^th day of  April,2016  under the seal and signature of this forum.

                         A copy of this order as per the statutory requirements , be forwarded to the parties    free of charge.

 

                        Member                                                                                               President

Documents relied upon:

By the complainant:

1. Xerox copy of  receipts- 2 Nos.
2. Xerox copy of acknowledgement of service request.

By the Opp.Party: Nil

 

                                                                                                                           President