Date of Filing : 14.03.2012

  Date of Order : 16.04.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

Dated 16^th APRIL 2012

PRESENT

Sri. H.V. RAMACHANDRA RAO, B.Sc., BL,   …….                PRESIDENT

Sri. T.NAGARAJA, B.Sc., LLB.                        ……..     MEMBER

Smt. K.G.SHANTALA, B.A., LLB.                    ……..     MEMBER

CC No. 43 / 2012

Sri. N.A. Balaji,

S/o. N.C. Ashwathanarayanashetty,

Proprietor, M/s. Vaishnavi Enterprises,

1^st Cross, Muneshwara Nagar,

Kolar.

(By Sri. M. Manjunath, Adv.)                                  ……. Complainant

V/s.

1. The Chief Secretary,

    Government of Karnataka,

    Vidhana Sudha,

    Bangalore.

2. The Commissioner,

    Social Welfare Department,

    Multi-Storeyed Building, 5^th Stage,

    Dr. Ambedkar Veedhi,

    Bangalore.

3. Chief Executive Officer,

    Zilla Panchayat,

    Kolar District, Kolar.

4. District Social Welfare Officer,

    Kolar District, Kolar.

5. The Executive Officer,

    Taluk Panchayath, Kolar.

6. Taluk Social Welfare Officer,

    Kolar District,

    Kolar.                                                                …… Opposite Parties

ORDER

By Sri. H.V. RAMACHANDRA RAO, PRESIDENT

The brief antecedents that lead to the filing of the Complainant made u/s. 12 of the C.P. Act seeking direction to the OP to pay to the Complainant Rs.8,00,000/- towards return of EMD & interest are necessary:

For supply of food materials, Ops called Tender in the year 2009-10.  Accordingly, Complainant had paid EMD of Rs.8,00,000/- on 26.08.2010 to the OP.  Tender was granted to him.  He supplied the material and received the money and after their period was over, Complainant requested the OP to return EMD, but OP failed to return EMD.  Complainant has issued notice to the OP on 01.03.2011, even then amount is not paid.  Hence, the Complaint.

2.       In this case, Ops appeared and took time from 09.04.2012, but failed to appear.  None of the Ops are present nor made any submission. Hence, Complainant has submitted that his complaint & documents be read as his evidence.  Heard.

3.       The points that arise for our consideration are:

          (A)     Whether there is deficiency in service ?

          (B)     What order ?

4.       Our findings are:

          (A)     Positive

          (B)     As per detailed order for the following reasons

REASONS

5.       Reading the pleadings in conjunction with the documents on record, it is established that the Complainant had given certain Tender for supply of certain food materials to the Ops and paid EMD amount of Rs.8,00,000/-  The tender was given to the Complainant and he supplied the materials and received the money.  After the period of tender was over, OP failed to return the EMD.  This is nothing but deficiency in service.  Hence we pass the following order:

ORDER

1.       Complaint is allowed.

2.       Ops are directed to pay to the Complainant a sum of Rs.8,00,000/- together with interest @ 12% P.A. from 15.06.2009 until payment  within 30 days from the date of this Order.

3.       Ops are also directed to pay Rs.2,000/- as costs of this litigation to the Complainant.

4.       Ops are directed to send the amount to the Complainant as ordered at (2) & (3) above by Demand Draft through RPAD and submit to this Forum the compliance report with necessary documents within 45 days.

5.       Send copy of the Order to the parties concerned free of cost.

6.       Return extra sets to the parties concerned under Regulation 20(3) of Consumer Protection Regulations 2005.

(Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 16^th day of April 2012)

T. NAGARAJA          K.G.SHANTALA           H.V.RAMACHANDRA RAO

    Member                         Member                                       President

SSS