Karnataka

Chitradurga

CC/379/2019

Sri Poojari Krishna, S/o Poojari Bhimanna - Complainant(s)

Versus

Panchayithi Development Officer, Grama Panchayithi Office - Opp.Party(s)

Sri.H.V.Shivanna

17 Sep 2019

ORDER

COMPLAINT FILED ON:26/06/2019

DISPOSED      ON:17/09/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

CC.NO:379/2019

DATED: 17^th  September 2019

PRESENT :-     Smt. C.M.Chanchala.                     …. President

                           B.A.L.,,LL.B.,                 

                            

                        SRI. SHIVAKUMAR.K.N    :              MEMBER

                     M.Com., LL.B.,

 

……COMPLAINANT/S	(Rep., by Sri. H.V. Shivanna, Advocate)
V/S
…..OPPOSITE PARTY	1. Panchayithi Development Officer, Grama Panchayithi Office, Rampura Grama, Monakalmuru Taluk, Chitradurga District.   2. The Secretary, Rampura Grama Panchayithi, Monakalmuru Taluk, Chitradurga District. (OP.1 and 2 Ex-Parte)

ORDER

Pronounced on 17^th of September  2019  .

Written by C.M.Chanchala, President.

ORDERS

1.    This is a complaint of alleged deficiency of service filed under section 12 of the Consumer Protection Act,1986 by Sri.Poojari Krishna the Complainant against the Opposite parties (for short ‘OP’ ) prayed refund of the payment made by him and compensation towards  losses for Rs.1,95,650 with interest at the rate of 12 % pa/- etc.

The Complaint:

2.   The case of the complainant is that he is the owner of the Tractor bearing No. KA 34-A 6134 and with oral order of Rampura Village Panchayath, he supplied the drinking water tanks to the different wards within the jurisdiction of Rampura village panchayath from 31-04-2016 to 31-08-2016 for Rs.650/- per tank, totally he has supplied 501 water tanks for total cost of Rs. 3,25,650/-. But the OPs out of  Rs. 3,25,650/- they have paid only Rs.1,30,000/- through two cheques, but failed to pay balance amount of Rs. 1,95,650/- inspite of his repeated oral requests and letter Dtd: 12-03-2019. In this regard he also got issued legal notice through his counsel on 11-04-2019 demanding the OP to pay balance amount, but his effort went in vain. Due to the attitude of OPs he suffered mental agony and financial hardship, hence he alleged deficiency of service on the part of OPs.

3.      After hearing on admission the complaint was admitted and  notice were ordered to be issued to the OPs  to file their written versions under section 13(2) of the Consumer Protection Act,1986 (  in short “the Act) . The OP 1 and 2 in spite of received the notice issued by this Hon’ble Forum failed to appear before the Forum and hence they placed ex-parte.

Evidence:

4.      The complainant got himself examined as PW-1 by filing his affidavit as a part of examination in chief and also got Ex.A-1 to A-8 marked and closed the evidence.

Arguments:

5.      We have heard the complainant.

6.      The points that arise for our determination are;

1. Whether the complainant proves that deficiency of service on the part of opponents?

2. Whether the complainant proves that he is entitled for the relief sought?

3. What order?

7.      Our finding on the above points are as under;

          Point No.1: In the Affirmative.

          Point No2: In the Affirmative.

          Point No3: As per final order,

For the following;

Discussion and Reasoning:

Point No.1:

 8.  The complainant alleged that on the basis of oral order of Rampura Village Panchayath, he supplied the drinking water tanks to the different wards within the jurisdiction of Rampura village panchayath from 31-04-2016 to 31-08-2016 for Rs.650/- per tank, totally he has supplied 501 water tanks for total cost of Rs. 3,25,650/-, but the OPs out of  Rs. 3,25,650/- they have paid only Rs.1,30,000/- through two cheques, but failed to pay balance amount of Rs. 1,95,650/- inspite of his repeated oral requests and letter Dtd: 12-03-2019.

9.  EX- A1 and A2 produced by the complainant reflected that he had supplied the water tanks to different wards of Rampura village panchayath from 02-05-2016 to 31-08-2016.

10.  The contention of the complainant is that totally he has supplied 501 water tanks for total cost of Rs. 3,25,650/-, but the OPs out of  Rs. 3,25,650/- they have paid only Rs.1,30,000/- through two cheques and there is a balance of Rs. 1,95,650/- to be paid. Ex- A 3 Bank statement reflected that the OPs have paid Rs. 65,000/- on 05-12-2017 and Rs. 65,000/- on 31-05-2017, in total they have paid Rs.1,30,000/-.

11.  Further contents of letter EX- A4 copy of the letter Dtd: 12-03-2019 proves that the complainant has requested the OPs to pay balance amount of Rs. 1,95,650/-. EX- A 5,A6, and A 7 copy of legal notice, postal receipt and acknowledgment proves that inspite of receiving the notice, the OPs failed to reply the same or comply the demands of the legal notice which clearly proves the negligence attitude of them towards the complainant to pay balance amount.

12.  Admittedly, the OPs have failed to appear before the Hon’ble forum inspite of receiving notice. Statement of complainant and contents of the documents produced by him clearly established that though they have taken service of the complainant failed to pay the entire consideration of amount which amounts to deficiency of service on their part as defined in the C.P.Act 1986. Accordingly, we answered this point in the Affirmative.

Point No.2 and 3:-

13.  The complainant in his complaint claiming Rs. 1,95,650/- along with interest at the rate of 18 % pa and also compensation for deficiency of service, mental agony, court cost and other relieves from OPs. As the OPs failed to pay entire amount within time to the complainant which certainly caused mental agony to him. Hence it is just and proper to award reasonable amount as compensation to him for mental agony. As the complainant proves deficiency of service on the part of OPs, he is entitled for compensation for deficiency of service with other relieves as per the final order.

                                    : ORDER:

The complaint is partly allowed.

The opposite parties (1 and 2) are directed to pay jointly and severally  Rs.1,95,650/- to the complainant along with interest @ 10 % per annum from the date of filing of this complaint; within six weeks from the receipt of the copy of this order. OPs also shall jointly and severally pay Rs.30,000/- to the complainant as compensation for deficiency of service, mental agony and also cost of the proceeding within six weeks from the receipt of the copy of this order.  In case of non-compliance of the order the entire amount shall carry interest @ 10% per annum till its realization.

The assistant registrar is directed to send free copies of this order to the all the parties free of cost within a week from today.

(Dictated to the Stenographer, typescript edited, corrected and then pronounced in the open court this  17th day of September 2019)

MEMBER

PRESIDENT.

             

ANNEXURE

Witness examined for the complainant side:

Complainant Poojari Krishna,  has examined-in-chief by filing affidavit as PW1.

Documents marked for the complainant side:

01	Ex-A-1:-	Xerox copy of the Ward citizens  Signature Note book.
02	Ex-A-2:-	Complainant SB Account book.
03	Ex-A-3:-	Statement of account for the period of 22/01/2016 to 31/12/2018
04	Ex.A-4	P.D.O. Letter dated 12/03/2019
05	Ex.A-5:-	Legal notice dated 11/04/2019
06	Ex.A-6:-	Postal receipt.
07	Ex.A-7:-	Acknowledgement.
08	EX-A-8:-	India overseas Bank cheque Xerox copy.

 

Witness examined for the opponents 1 and 2 side:

-nil-

 

 

        (C.M.Chanchala  )

                       President.

                                                                                     

 

 

       (Shivakumar.K.N)

                                                                                     Member.