CC Filed on 07.09.2009<br /> Disposed on 10.06.2010<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 10TH DAY OF JUNE 2010<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 67/2009<br /> <br /> Between:<br /> <br /> The Secretary,<br /> Kolar Taluk Agricultural Produce Co-Op.<br /> Marketing Society Limited,<br /> Janatha Bazar Limited,<br /> KOLAR. <br /> <br /> <br /> <br /> ….Complainant.<br /> <br /> -V/s-<br /> <br /> 1. Taluk Social Welfare Officer,<br /> Kolar Taluk,<br /> Kolar.<br /> <br /> 2. Chief Executive Officer,<br /> Zilla Panchayat,<br /> Kolar District,<br /> KOLAR<br /> <br /> 3. District Social Welfare Officer,<br /> Social Welfare Department,<br /> Kolar District,<br /> KOLAR.<br /> <br /> 4. Executive Officer,<br /> Taluk Panchayat,<br /> Kolar Taluk,<br /> KOLAR. <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> … Opposite Parties.<br /> <br /> <br /> ORDERS<br /> <br /> This is a complaint filed Under Section 12 of the Consumer Protection Act, 1986 praying for a direction against opposite parties to pay a sum of Rs.13,17,301/- with interest @ 20% per annum, totally amounting to Rs.17,12,491/- with costs and future interests etc., to the complainant. <br /> <br /> 2. The material facts of complainant’s case may be stated as follows:-<br /> That the complainant deals in food grains and other items in Kolar Taluk. The OP called for tenders to supply food grains and other items to various Hostels run by State Of Karnataka with certain terms and conditions. The complainant participated in the said tender proceedings and ultimately the tender offered by complainant was accepted for supply of food grains and other items to various hostels in Kolar Taluk at the prescribed rates for different items. As per the terms of tender the complainant supplied food grains and other items during the year 2007-08 to various hostels as per tender conditions and raised the bills towards the price of food grains and other materials supplied to various hostels. The OPs were required to pay the price of food grains and other materials supplied to hostels, within 15 days from the date of supply. <br /> <br /> The complainant went on supplying the food grains and other items to various hostels as per the demand raised and approved by OP-1 and submitted the bills for payment. It is alleged that a sum of Rs.13,17,301/- is due from OPs towards the price of food grains and other items supplied to various hostels. It is alleged that the OPs had agreed to pay the interest @ 20% per annum on the delayed payments. It is alleged that in spite of several representations and requests and also issue of legal notice the OPs failed to pay the arrears of Rs.13,17,301/- with interest. Therefore the complainant filed the present complaint on 07.09.2009.<br /> <br /> 3. Notices were issued to OPs under RPAD. All of them were served with notices. One Manjunath, First Division Assistant, working in the Office of OP-1 was present on the first date of hearing. The other OPs were absent. Subsequently the OPs did not file any version. The complainant filed his affidavit by way of evidence. Thereafter again the said Manjunath, FDA of OP-1 appeared and prayed for time to lead evidence. We granted several adjournments. Finally he also remained absent. Therefore evidence of OPs is taken as not led. <br /> <br /> 4. We heard the learned counsel for complainant and perused the record and the documents filed by complainant.<br /> <br /> 5. After considering the records and the documents and the submissions of the learned counsel for the complainant, we hold that the complainant has established the material averments made in the complaint against OPs. The documents produced by complainant show that the Wardens of different Hostels submitted demand for the supply of food grains and other items after obtaining the approval of OP-1. The complainant stated that as per the said demand, the food grains and other items were supplied and thereafter the bills for payment of the prices were raised. The complainant also produced several letters written to OPs requesting payment of the amount due towards supply of food grains and other items. These materials establish the truth of the averments made in the complaint regarding the arrears of amount payable to complainant. <br /> <br /> The learned counsel for the complainant submitted that after supply of food grains and other items to various hostels as per the requisition, the complainant submitted the bills for payment, but the OPs failed to pay the arrears after following the procedure for payment. Therefore he submitted that there was deficiency in service on the part of OPs. We think such conduct of OPs amounts to deficiency in service which delayed the payment of arrears to complainant.<br /> <br /> The complainant claims 20% interest on the delayed payments. This claim is not substantiated by any documents. Therefore we think interest at the rate of 6% per annum on the amount due may be awarded from the date of filing the complaint. For the above reasons, we pass the following:-<br /> ORDER<br /> 6. The complaint is Allowed with costs of Rs.1,000/-. The OPs shall pay Rs.13,17,301/- (Rupees Thirteen Lakhs Seventeen Thousand and Three Hundred One Only) with interest at the rate of 6% Per Annum from 07.09.2009 till the date of payment on the above said amount within 45 days from the date of this order.<br /> 7. Dictated to the Stenographer, corrected and pronounced in Open Forum this the 10th day of June 2010.<br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br /> <br /> <br /> <br />