No. 29/12.11.2010.

HON’BLE JUSTICE SRI PRABIR KUMAR SAMANTA, PRESIDENT.

Complainant in person, O.P. No. 5 through Mr. Pingal Bhattacharya, the Ld. Advocate along with Mr. R. K. Mukhopadhyay, the Ld. Advocate and O.P. No. 8 through Mr. N. R. Mukherjee, the Ld. Advocate along with Mr. Malay Ghosh, the Ld. Advocate are present.

The Complainant was issued with the Work Order dated 02.05.2002 for running ferry service at Uttarasan Bridge, 16 kilometer of Ramnagar – Bazarshaw Chowrigacha Khagra Ghat Road under Maurakshi Bridge Highway Division.  The allotment of ferry service in favour of the Complainant was for a period of two years from the date of the said work order or till the completion of the proposed bridge.  In spite of such allotment of ferry service in favour of the Complainant by issuing Work Order by the Executive Engineer, Murshidabad Highway Division, II, the Prodhan of the Kamnagar Gram Panchayat and the Police Officer attached to Saktipur Police Station dismantled the ferry service arrangement made by the Complainant and virtually did not allow him to carry on the said ferry service.  The Complainant accordingly challenged such illegal action of the aforesaid authorities by filing a Writ Petition before the Hon’ble High Court at Calcutta.  The said Writ Petition was registered as Writ Petition No. 13711 (W) of 2002.  Upon contested hearing the said Writ Petition was disposed of holding as under :

“The appropriate Board of Zila Parishad will enquire into the matter regarding the basis of the impugned memorandum and monetary benefit, operation of the ferry service by the petitioner in future, and all other aspects of the matter which are relevant in connection thereto.  Such consideration will be made upon giving fullest opportunity of hearing and by passing a reasoned order thereon.  The entire consideration will be made within a period of three months from the date of communication of this order.  Till the communication of the order no third party interest will be created.  If already created that will be abide by the result of the decision to be taken by the Zilla Parishad.  The authority will also be entitled to enquire the cause of dismantling the ferry and if it appears that the persons who are alleged herein are responsible for the same in that case the loss will be recovered from them by the Zilla Parishad, if necessary, by attachment of respect salaries, Bank Account of the persons concerned having been identified.  The compensatory amount will be recovered from them along with interest @ 18% per annum being the usual banking interest of nationalized banks in commercial transactions.  If it appears to the Zila Parishad that there is a role of any Panchayat Samity or Panchayat for their own interest in that case appropriate steps, in accordance with law, can also be take against such person or persons.  In all entire matter is left open for the due disposal of the Zilla Parishad”.

Pursuant to the direction as above of the Hon’ble High Court the appropriate Board of Zila Parishad, Murshidabad took up the matter for consideration.  It is further evident that the said Board upon consideration of the matter in presence of all the interested parties disposed of the same by ordering that Beldanga II Panchayat Samity and Kamnagar Gram Panchayat shall pay a total sum of Rs.2,15,346/- (Rupees two lakhs fifteen thousand three hundred and forty-six only) to the Complainant proportionately by way of compensation.  It is also not in dispute that the said order of the Board of Zila Parishad, Murshidabad has been challenged by the Complainant himself for enhancement of the amount that has been awarded by the said Board.  At the same time Beldanga II Panchayat Samity has also challenged the said order whereas the challenge by the Kamnagar Gram Panchayat has been disposed of in the meantime.  The fact remains that the challenge by the Complainant as well as Beldanga II Panchayat Samity in respect of the said order is still pending.

In our view this complaint case by the Complainant for a direction upon the aforesaid two Samities for payment of the aforesaid amount is not maintainable in this Forum.

We are of the view that the liability, if any, of the said two Gram Panchayats that arises out of the aforesaid order passed by the appropriate Board of Zila Parishad, Murshidabad would not give rise to any cause of action by way of any deficiency of service by the said Gram Panchayats for non-payment of above amount to the Complainant.  The liability, if any, of the two Gram Panchayats arises out of the order passed by the said Board in terms of the direction given by the Hon’ble High Court in the aforesaid Writ Petition.  This liability by no stretch of imagination could be called as a liability arising out of the services to be rendered by the Panchayat Samity to the Complainant.  We are, therefore, of the clear view that the present complaint case under the Consumer Protection Act, 1986 is not at all maintainable.  However, it may be observed that the Complainant will be at liberty to approach the appropriate forum including the forum in which the challenge to the said order of the appropriate Board of Zila Parishad, Murshidabad is pending for recovery of the aforesaid amount from the aforesaid two Panchayat Samities, if permissible.  The complaint is accordingly dismissed.