BEFORE THE DISTRICT CONSUMER DISPUTES

REDRESSAL COMMISSION, JALANDHAR.

  Complaint No.118 of  2023

      Date of Instt. 10.04.2023

      Date of Decision: 12.02.2024

Gram Panchayat Village Kandola, Block Adampur, District Jalandhar through Sarpanch Sh. Sukhwant Singh.

..........Complainant

Versus

1.       M/s HIS Interlocks Tiles, Situated at Village Doli, Tehsil and   District Hoshiarpur, through its proprietor.

2.       Harjeet Singh son of Lashkar Singh Sandhu, resident of House          No.170, Block-B, Mount Avenue, Ward No.17, Hoshiarpur.

….….. Opposite Parties

Complaint Under the Consumer Protection Act.

Before:        Dr. Harveen Bhardwaj             (President)

                   Sh. Jyotsna                               (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 Sh. Sukhwant Singh to file and pursue the present complaint vide panchayat resolution dated: 24-03-2023, 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 50,000 interlock tiles of 60 mm specification vide Panchayat resolution dated: 01-02-2021 and 09.02.2021 and made payment thereof from public fund through Axis Bank account i.e. Rs.3,16,500/- on 09.02.2021 and Rs.3,16,500/- on 10.02.2021, which were duly received by OPs through their bank account.  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 delivered only 20,000 tiles in 6 installments, viz

(i)      3000 tiles on 19.03.2021;

(ii)     3500 tiles on 01.04.2021;

(iii)    3500 tiles on 12.04.2021;

(iv)    3500 tiles on 14.04.2021;

(v)     3500 tiles on 27.05.2021; and

(vi)    3000 tiles on 12.12.2021;

                   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 through its Sarpanch, OPs have failed to deliver balance 30,000 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 in Punjab Police 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 etc. to the tune of lacs of Rs.66,500/-, which were to be used for the purpose of fixing interlock tiles. However, due to non-supplying of balance 30,000 interlock tiles, the aforesaid ancillary material became waste and useless, causing additional burden/loss to the public fund. The complainant-panchayat through its Sarpanch requested the OPs a number of time to either supply the balance 30000 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:04.03.2023 through its counsel through registered post upon the OPs, but all in vain 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.3,79,800/- i.e. the cost of balance 30,000 tiles not supplied by the OPs, alongwith interest @ 18% per annum. Further, OPs be directed to pay a compensation of Rs.1,00,000/- as compensation and litigation expenses be also awarded.

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 Gram Panchayat placed an order to the OPs for purchase of 50000 PCs interlock tiles 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.C1, Ex.C4 and Ex.C5. Ex.C-4 shows that the complainant panchayat placed an order to the OPs for purchase of 50000 interlock tiles of 60mm, vide resolution dated 01.02.2021 and 09.02.2021 and made a payment of Rs.3,16,500/- as per Ex.C6 on 09.02.2021 and Rs.3,16,500 on 10.02.2021. As per the complainant, the OPs delivered only 20000 tiles in 6 installments and have failed to deliver balance 30000 interlock tiles. Ex.C-4 shows that the complainant has also resolved to purchase ancillary material which includes sand etc. for a sum of Rs.66,500/-. 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 as per Govt. and accepted by the OPs. 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 been 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, Ex.C-4 and Ex.C-5 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 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                                        Jyotsna                    Dr. Harveen Bhardwaj     

12.02.2024                     Member                          President