Karnataka

Chitradurga

CC/143/2018

Dr.P.Umamaheshwarappa - Complainant(s)

Versus

Sri.T.Chandrashekar - Opp.Party(s)

Inperson

06 Dec 2018

ORDER

COMPLAINT FILED ON:21.07.2018

DISPOSED  ON:06.12.2018

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:143/2018

 

DATED:  6^th DECEMBER 2018

PRESENT: - SRI. T.N. SREENIVASAIAH  : PRESIDENT                          B.A., LL.B.,

SMT. JYOTHI RADHESH JEMBAGI

BSc., MBA., DHA.,             : LADY MEMBER

 

……COMPLAINANT	Dr.P.Umamaheshwarappa, Sri Sevalal Sadana, Opp: to Government Urdu School, Behind APMC Market Yard, Vedavathi Nagara,Hiriyuru-577599   (Reptd., by Sri.P.S. Sathyanarayana Rao, Advocate)
V/S
…..OPPOSITE PARTY	Sri.T.Chandrashekar, President, Town Muncipal Corporation, Hiriyuru Town.   (Reptd., by Sri.B. Prasanna Kumar, Advocate) (ex-parte)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P Act, 1986 for the relief to direct the OP to pay Rs.25,000/- along with interest @ 2% p.m, Rs.50,000/- towards mental agony, mental sufferings, loss of mental peace, Rs.20,000/- towards notice, court fee and to grant such other reliefs.

2.       The brief facts of the case of the above complainant are that, on 11.01.2016, the OP approached him for giving an amount of Rs.1,25,000/- towards contract work of construction of compound wall in front of his house.  As the OP is the councilor to the ward No.3 and given an advance amount of Rs.25,000/- on the same day.  Thereafter, the OP called over phone many times and demanded to pay remaining amount of Rs.1,00,000/-.  The complainant has given Rs.1,00,000/- through cheque on 14.01.2016 in the name of one Ash Math Ali, who is the contractor friend.  Later the OP has not started the construction work of compound wall.  Complainant approached OP many times to commence the work, for that, the OP demanded Rs.1,00,000/- in cash.  Complainant refused to give the amount in cash due to non construction of the compound wall.  Later OP and his contractor friend submitted the cheque in SBI Bank for collection.  The complainant has given letter to the Bank authority for stop payment since they have cheated and later he came to know that, they involved in the illegal activities to demolish the compound wall constructed at his own cost and filed the cheque bounce case against him before the Hon’ble Hiriyur Court.  Thereafter, he lodged a complaint against the OP before Circle Inspector, who called the OP and compromised the matter to return the cheque and an amount of Rs.25,000/-.  The OP returned the cheque, but an amount of Rs.25,000/- has not been returned.  After transfer of CPI, he requested the OP to return the money for several times, but till today, OP has not returned the money, which is a deficiency of service.  Thereafter, the complainant has issued notice to OP on 27.06.2016 through RPAD, but OP has not replied the said notice.  Hence, filed this complaint.

3.       On service of notice, OP appeared through Sri.B. Prasanna Kumar, Advocate and filed version.  According to the version filed by the OP, there is no contract entered into between the complainant and OP and there is no deficiency of service on the part of OP.  The OP is the acting President of City Municipal Corporation, Hiriyur, to cause mental agony and create bad name to the OP and destroy the time of this Forum, the complainant has filed this complaint.  As per the complaint, it is stated that, on 11.01.2016, the OP approached him for giving an amount of Rs.1,25,000/- towards contract work of construction of compound wall in front of his house and on the same day, he has given an advance amount of Rs.25,000/-, the OP called over phone many times and demanded to pay remaining amount of Rs.1,00,000/-, the complainant has given Rs.1,00,000/- through cheque on 14.01.2016 in the name of one Ash Math Ali, who is the contractor friend.  Later the OP has not started the construction work of compound wall, the complainant approached OP many times to commence the work, for that, the OP demanded Rs.1,00,000/- in cash.  Complainant refused to give the amount in cash due to non construction of the compound wall.  Later OP and his contractor friend submitted the cheque in SBI Bank for collection.  The complainant has given letter to the Bank authority for stop payment since they have cheated and later he came to know that, they involved in the illegal activities to demolish the compound wall constructed at his own cost and filed the cheque bounce case against him before the Hon’ble Hiriyur Court.  Thereafter, he lodged a complaint against the OP before Circle Inspector, who called the OP and compromised the matter to return the cheque and an amount of Rs.25,000/-.  The OP returned the cheque, but an amount of Rs.25,000/- has not been returned.  

It is humbly submitted that, as stated by the complainant in the complaint that, the contract entered into between the complainant and OP is in between 11.01.2016 to 14.01.2016.  But the complainant has not produced any agreement or any document to show that, which compound, at what measurement, where, how and in what time the work is to be completed.  The cheque for Rs.1,00,000/- has been given to one Ashmat Ali, who is the contractor but, not to this OP.  Therefore, there is no any agreement entered into between the complainant and this OP and the complainant is not a consumer under the C.P Act and hence, prayed for dismissal of the complaint with cost.

4.       Complainant has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 and A-2 got marked and closed his side. The OP himself has examined as DW-1 and no documents have been got marked and closed his side.

5.       Arguments heard.

6.       Now the points that arise for our consideration for decision of above complaint are that;

(1)  Whether the complainant proves that the OP has received money from him for construction of compound wall in front of his house and committed deficiency in service and entitled for the reliefs as prayed for in the above complaint?

                (2) What order?

          7.       Our findings on the above points are as follows:-

          Point No.1:- Negative.

          Point No.2:- As per final order.

REASONS

8.       It is the case of the complainant that, complainant has given Rs.25,000/- as an advance amount towards construction of compound wall of his house out of Rs.1,25,000/-.  Thereafter, the OP demanded to give remaining amount of Rs.1,00,000/-, for that, the complainant has given Rs.1,00,000/- through cheque in favour of one Ashmat Ali, who is the contractor friend to OP.  But, the complainant has not produced any documents to prove that, he entered into a contract with the OP for construction of compound wall of his house.  When the contract has been entered into between the parties for any work, there should be some document to show that, the agreement has been entered between the parties, but, in this case the complainant has not produced any piece of paper to prove his case that, the complainant has not done the construction work of compound wall of in front of his house.  Such, being the case, this Forum comes to the conclusion that, the OP has committed deficiency of service.

9.       We have gone through the entire documents filed by the complainant, he has paid Rs.25,000/- to the OP towards construction of compound wall of his house, but the OP has failed to construct the compound wall.  To prove the same, the complainant has not produced any piece of paper to show that, he has entered into an agreement for construction of compound wall in front of his house with the OP.  Therefore, we come to the conclusion that, the complainant has failed to prove his case by producing documents.  Accordingly, this Point No.1 is held as negative to the complainant.

 

            10.     Point No.2:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

          The complaint filed by the complainant U/s 12 of CP Act 1986 is hereby dismissed.  No order as to costs.

          (This order is made with the consent of Member after the correction of the draft on 06/12/2018 and it is pronounced in the open Court after our signatures)

           

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OP:

DW-1:- OP by way of affidavit.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Legal Notice dated 27.06.2018
02	Ex-A-2:-	Postal receipt and postal acknowledgement

 

Documents marked on behalf of OP:

-Nil-

 

MEMBER                                                   PRESIDENT

Rhr**