DISTRICT CONSUMER DISPUTES REDRESSAL FORUM,
Palakkad, Kerala
Dated this the 22ndday of October, 2011
Present: Smt. Seena. H, President
: Smt. Preetha. G. Nair, Member
: Smt. Bhanumathi A.K, Member Date of filing: 03/02/2011
CC / 21 / 2011
T. Lassar,
S/o. P. L. Thomas,
44/1282, Prince Villa (Payyur House), - Complainant
Chinmaya Nagar, Melamuri,
Palakkad
(Party in person)
Vs
The Chairman,
Kerala Head Load Workers Welfare Board,
Palakkad District Local Committee, - Opposite party
1st Floor, M. A Complex,
T.B. Road, Palakkad
(By Adv. Jayan. C. Thomas)
O R D E R
By Smt. Bhanumathi. A. K, Member
The complainant and his family earn their lively hood by selling the glass items. The complainant is purchasing glass and after making necessary changes selling it for the house needs and building purposes. It is the only way for him to earn lively hood. On 07/06/2010, the complainant had purchased 5 boxes of glass and one of the glass box was completely lost due to the careless handling of the head load workers. The wages for down loading to 5 boxes is 725/- which was paid through work card No. 81368 on that day itself and the workers received it.
The glass box was broken by Mr. Muthali, the leader, pool No:1, Palakkad Town and his companion. Due to this complainant lost Rs. 22,300/- and on 07/07/2010 a complaint was given to the Welfare Board. After that Junior Superintendent from the Board has come and inspected the said site. On 09/07/2010 the complainant received a letter from the Board vide No: E3.2961/Vol-1/02 to attend the Board directly. Accordingly the complainant went to the Board and after discussing the matter it was decided to give compensation. The complainant made continuous communication with the Board as there is no proceedings were made. As a result, on 13/01/2011 it is informed that the Palakkad Board Chairman was appointed to take the necessary action in this matter. On 27/01/2011 a letter received for Rs. 1,400/- as compensation. But this amount is insufficient for the lost occurred.
So the complainant is seeking an order directing the opposite party to pay an amount of Rs. 22,300/- as the cost of the glass and 50,000/- as the compensation for mental agony.
Opposite party entered appearance and filed version with the following contentions.
Opposite party denied all the contentions put forwarded by the complainant. The opposite party is a government institution which worked only for the welfare of the head load workers. Opposite party has no liability in the service matters of the workers. There is no employer-- employee relation between the opposite party and workers. Opposite party has no liability to giving compensation. Even though, in order to protect the welfare of the workers the opposite party initiated to settle the problem. Even after settle the claim complainant make further claim. Opposite party says that due to rain the workers refused to down load the glasses, but the complainant compelled the workers to do the same. The workers tried to avoid more troubles. Meanwhile the glass box fell down and decayed. Besides the complainant did not follow the laws while transporting the hazardous materials. So the opposite party prays the dismissal of the complaint with cost.
Both parties filed their respective affidavits. Ext. A1 to Ext. A8 marked in the side of the complainant. Ext. B1 marked on the side of the opposite party. Complainant was cross examined as PW1.
Heard the complaint
Issues to be considered are:
1. Whether there is any deficiency of service on the part of the opposite party? If so,
2. What is the relief and cost ?
Complaint is regarding deficiency of service on the part of the opposite party in not disbursing the sufficient amount as compensation for the destroyed glass box of the complainant.
On 7/6/2010 one of the glass boxes was completely damaged due to the careless handling of the loading workers. The cost of the broken glass box is Rs. 15,521/- which is evident from Ext. A1 document. The wage for the work was also given by the complainant that comes Rs.729/- (for 5 glass boxes) Ext. A2 reveals the same. On 7/7/2010 Junior Superintendent has come and inspected. There after no steps were taken to solve the problem of the complainant. After the repeated enquiries the complainant was informed that the matter will be discussed in the Palakkad Head Load Workers Welfare Committee for taking suitable action. Ext. A5 shows that the thing happened due to the rain. Ext. A8 shows that Palakkad Head Loading Workers Welfare Committee decided to fine the labour for their deficiencies. The amount fixed for the same was Rs. 1,400/-.
While cross examining the complainant deposed that on the particular day there was no rain but only a small showering. The load workers will not obey the instructions given by the complainant. They will do only according to their own interest. Rs. 1,400/- is not a sufficient amount for his loss.
Opposite party says that the matter once clossed by giving Rs. 1,400/- to the complainant. But complainant deposed that the said amount would have been credited in his account, but it is not a sufficient amount for his loss.
In their version opposite party stated that the opposite party is formed for to protect the welfare of the head load workers and they have no authority to instruct the workers regarding their service.
Opposite party also liable for the deficiency of service for the side of their workers.
From the above discussions we are of the view that there is deficiency of service on the part of opposite parties.
In the result complaint allowed. Opposite party is directed to pay an amount of Rs. 17,626/- as the cost and labour charge for the broken glass box and Rs. 5,000/- as compensation along with Rs. 1,000/- as cost of the proceedings.
Order shall be complied within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest per annum for the whole amount from the date of receipt of order till realization.
Pronounced in the open court on this the 22nd day of October, 2011
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Preetha. G. Nair
Member
Sd/-
Smt. Bhanumathi. A. K
Member
A P P E N D I X
Exhibits marked on the side of the complainant
Ext. A1— Original of cash bill issued by Mirrors International to the complainant dated 7/6/2010.
Ext. A2-- Original of Work Card issued by the opposite party dated 7/6/2010.
Ext. A3--Copy of letter sent by the complainant to the opposite party dated 7/7/2010.
Ext. A4--Original of letter sent by the opposite party to complainant dated 9/7/2010.
Ext. A5-- Copy of letter issued by the opposite party to The chief Executive Officer, K.H.W.W Board, Ernakulam dated 13/8/2010.
Ext. A6-- Copy of letter sent by the complainant to The Chief Executive Officer, K.H.W.W Borad, Ernakulam.
Ext. A7-- Copy of reply letter issued by the Office of the Chief Executive Officer, K.H.W.W Board, Ernakulam to the complainant dated 13/1/2011.
Ext. A8-- Copy of 'agreement' which sanctioned in the meeting conducted K.H.W.W Board, Palakkad on 13/1/2011.
Exhibits marked on the side of the opposite party
Ext. B1-- Copy of K.H.W.W Board, Palakkad local committee Employers Ledger as on 28/02/2011.
Witness examined on the side of the complainant
PW1-- T. Lassar
Witness examined on the side of the opposite party
Nil.
Cost allowed
Rs. 1,000/- allowed as cost of the proceedings.
