DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, MALDA, MALDA D.F.ORIGINAL CASE NO.04/2007 Date of filing of the Case: 05.01.2007 Complainant | Opposite Parties | D.K. Automobile Represented by – Hirendra Nath Dutta, S/O Lt. Uma Nath Dutta aged - 72 years, Resident of No.2 Govt. Colony, “Rajlaxmi Bhawan” P.O. Mokdumpur, P.S. English Bazar, Dist. Malda | 1) | State of West Bengal Represented by Collector, Malda P.O.& Dist. Malda, | 2.) | Deputy Inspector General of Police (Organisation) Writers’ Building, Kolkata - 1 | 3) | D.I.G. Malda Range, P.O. Balurghat, Dist. West Dinajpur | 4) | Superintendent of Police Malda, P.O. & Dist. Malda | 5) | Sibapada Banerjee The then M.T.O.,Malda At present posted at Inspector, under Commdt. 4th Bn. (SAP) P.O. Kosba Dist. U. Dinajpur | | | | |
Present | 1. | Shri S.K. Chakraborty, President | 2. | Smt Sumana Das, Member | 3. | Shri A. K. Sinha, Member |
For the Petitioner : Himself For the O.P.s : None appeared Order No. 2 Dated 15.01.2007 Petitioner is personally present. The record is taken up for hearing on the point of maintainability. The petition is heard expertee. He appears to have stated that in 1993-94 all available prayer of the then M.T.O. Malda (O.P.No.5) two vehicles were entrusted to D.K. Automobiles (represented by the present petitioner) for repair works as well as for supply of required spare parts which belonged West Bengal Police. Accordingly, those were repaired and necessary spare parts were also supplied in connection with repair of both the vehicle numbers being WMA-5137, WMA-796 Contd……P/2 P -2 but inspite of repeated demands the spare supply bill amounting to Rs. 58,483/- has not yet been paid inspite of repeated demands giving rise to the instant proceeding. Now the partinant question arises as to whether such an application is maintainable. In this connection this Forum refers to the distinction between “contract of service” and “contract for service”. A “contract for services” implies contract whereby one party undertakes to render services, for example, professional or technical services, or for another in the purpose of which he is not subject to detailed direction and control the exercises professional or technical skill and use his own knowledge and direction. ‘Contract of service’ implies relationship of master and servant and involves an obligation to obey orders in the work put forth and show to its mode and manner of performance. In the instant case the petitioner has categorically stated in para 2 of his application that two vehicles referred to hereinabove were placed for necessary repairs and for supply necessary spare parts required therefor. This admission, on the part of the petitioner himself, specifically speaks about the contract between D.K. Automobiles and Police Authority, Malda about the work to be done as per specification of the repairing of both the vehicles and supply or replacement of parts. In view of above it cannot but be denied that rendering of such service by D.K. Automobiles cannot be defined as ‘contract for services’ because not here the petitioner exercises his professional or technical skill but has done the work of repair as per instruction of the authority . Under consideration of the above facts and the instant proceeding governed by the definition ‘contract of service’ and accordingly, the present application does not appear to be entertainable by the District Forum, Malda. Accordingly, the petition is not maintainable and stands dismissed. Sd/- Sd/- Sd/- SumanaDas A. K. Sinha S.K.Chakraborty Member Member President D.C.D.R.F., Malda D.C.D.R.F., Malda D.C.D.R.F., Malda |
