BEFORE THE PRESIDENT DISTRICT CONSUMER DISPUTES REDRESSAL COMMISSION, KANDHAMAL, PHULBANI
C.C. No. 24 OF 2018
Present: Miss Sudhiralaxmi Pattnaik - President (I/c.).
Sri Purna Chandra Tripathy - Member.
Sri Nilanchala Panigrahi aged about 50 years,
S/O: Late Ananta Panigrahi
At/PO: Contractorpada, PS: Phulbani,
Dist: kandhamal, (Odisha). ……………….Complainant.
-Versus-
1. The Assistant Engineer,
South(R & B) Pulbani Division
At/ PO/PS: Phulbani.
Dist: Kandhamal.
2. The Executive Engineer,
Phulbani (R&B) Division
AT/PO/PS: Phulbani
Dist: Kandhamal, Odisha.
3. The Superintendent Engineer,
Phulbani(R&B) Division.
AT/PO/PS: Phulbani
Dist: kandhamal. ………….Opposite Parties.
For the Complainant: Advocate H. Ch. Maharana, Phulbani.
For the Opp. Parties: Ex-Partee.
Date of order: 25th March 2021
The brief fact of the case is that the Complainant is a “C” class contractor having the valid license bearing No-5567 dated 28/07/2004 issued by Superintending Engineer, Central Circle ( R & B) Bhubaneswar .The OPs invite a tender vide Notice No-02/2004-05, upon such notice ,the Complainant purchased the tender paper for the work IMPROVEMENT OF STAFF QUARTERS OF TREASURY COLONY , PHULBANI- ITEM No- 11, the estimated cost of the above work was of Rs. 1,65,000/- and dropped the tender paper along with requisites as prescribed in the notice . The above work was awarded in his name and an agreement was executed vide Agt No.506F2/04-05 for Rs.1, 64,015/-. After getting the work order, the complainant started the work and completed in all respect with due supervision of the OPs. Accordingly the complainant received an amount of Rs 90,000/- only against the running bill prepared by the OPs as on 20/05/2005 and the OPs did not finalize the bill which was of Rs. 74,015/- as per the estimate even though the deposited EMD also not released in favour of the complainant .For which the complainant submitted several application with a request for payment of final but all efforts ended in vain. In the meanwhile the complainant sought the information through RTI and came to know that the concerned Junior Engineer did not handed over the charges nor the final bill for the above work. After waiting a long period of time, on dated 22/09/2016 the Complainant sent pleader notice to the OPs and requested to settle and pay the final amount and in response to the pleader notice on dated 06/10/2016 the OP No-2 called the complainant for settlement with an assurance for early payment of the final bill amount, but later no positive response received from the OP No- 2. Hence the Complainant has filed this complaint with a prayer to issue direction to the OPs to pay the outstanding bill amount of Rs. 74,015/- along with compound interest @ 12 % per annum from the date of completion of the construction work, further prayed for issue direction to the OPs to pay Rs. 50,000/- towards compensation for harassment and mental agony and Rs. 20,000/- towards cost of litigation. After heard the petition, the complaint case admitted and issued notice to the OPs for appearance and filling version. The notice duly served upon the OPs but they did not appeared, hence declared set expartee on dated 27/11/2021
We heard the counsel for the complainant in length and peruse the petition, evidence affidavit and relevant documents filed by the complainant. After careful examination of the documents, it is established that the complainant had entrusted a work of Rs1, 64,015/- which was completed in all respect and received an amount of Rs 90,000/- towards part payment under running bill account, but the final bill of Rs74, 015/- and EMD against the above noted work yet to release by the OPs even after several correspondence and also service of pleader notice. It is also reveal from the RTI reply that the OPs continuously assured the complainant for early settlement but never turn for settlement of the claim. From the forgoing discussion it is crystal clear that there is a gross negligence and deficiency in service on the part of the OPs. Hence order.
O R D E R
Therefore the case of the complainant is allowed against the OPs, the OPs are jointly and severally liable for negligency and deficiency in rendering proper service towards the complainant. The OPs are hereby directed to release the final bill amount of Rs Rs74, 015/- as per the agreement with interest @ 9% P.A from the date of final completion of the work along with Rs 5,000/- towards compensation and Rs 5000/- for litigation cost within 45 days from the date of this order, failing which all the dues shall carry interest @ 12% from the date of order to till the date of payment. Accordingly the C.C disposed off.
Order pronounced in the open court on this 25th the day of March 2021.
Free copy of this order be supplied to the respective parties.
MEMBER PRESIDENT
