Karnataka

Kolar

CC/1/2016

B.Badre Gowda - Complainant(s)

Versus

The Commissioner, Klar City Municipality - Opp.Party(s)

Sri.B.Lakshmi Prasad

04 May 2016

ORDER

Date of Filing: 04/01/2016

Date of Order: 04/05/2016

BEFORE THE KOLAR DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, D.C. OFFICE PREMISES, KOLAR.

 

Dated: 04^th DAY OF MAY 2016

SRI. N.B. KULKARNI, B.Sc., LLB,(Spl.)    …….    PRESIDENT

SRI. R. CHOWDAPPA, B.A., LLB               ……..    MEMBER

SMT. A.C. LALITHA, BAL., LLB         ……  LADY MEMBER

CONSUMER COMPLAINT NO :: 01 OF 2016

Sri. B. Badre Gowda,

 

Complainant since deceased

Rep. through his LRs

 

1(a).            Smt. C.L. Nagaveni,

       W/o. Late B.Badre Gowda,

       Aged About 42 Years,

 

1(b).   B. Chathana,

       D/o. Late B. Badre Gowda,

       Aged About 19 Years,

 

1(c).   B. Ganesh,

       S/o. Late B. Badre Gowda,

       Aged About 16 Years,

 

Since 1(C) is minor

Rep. by mother Smt.C.L. Nagaveni

as next friend.

 

All are residing at:

Dalasanur Village,

Kasaba Hobli,

Srinivasapur Taluk,

Kolar District.

 

(Rep. by Sri.B.Lakshmiprasad, Advocate)                 ….  Complainant.

 

- V/s -

The Commissioner,

Kolar City Municipality,

Kolar.

(Since placed exparte)                                   …. Opposite Party.

-: ORDER:-

BY SRI. N.B. KULKARNI, PRESIDENT

01.   The deceased complainant (the complainant during pendency of the present proceedings died on 06.04.2016) during his lifetime did submit this complaint Under Section 12 of the Consumer Protection Act, 1986 seeking relief of recovery of Rs.6,44,217/- being dues towards bill amount and for recovery of Rs.2,50,008/- being the bank guarantee amount, thus for a total sum of Rs.8,94,225/-, as well, EMD amount (with respect to ward No.1 to 14, and 15 to 25 i.e., package No.1 and 2 – reliance on Para-5, Page-3) with interest at the rate of 18% per annum for being recovered from the OP.

 

02.   The facts in brief:-

(a)    It was contention of the deceased complainant that he was running bore well motor rewinding work and repairs of motor pump set and also repairs of various electricals, relating to bore well motors and pump set under the name and style “Shri. Chowdeshwari Rewinding and Engineering Works” at Kolar.

 

(b)    Further he had contended that, in response to the invited tenders from the OP for various works in municipality vide notifications, he applied tender forms for the years 2007-2008, 2008-2009 and 2009-2010 with regard to repair and maintenance of bore well motor, pump sets in various wards within the limits of municipality.  And that while so applying he had paid EMD amount through Demand Drafts as per tender notifications.  Further he had contended that, the OP had engaged him for repairs and maintenance of bore wells of municipality within its limits for the said years 2007-08, 2008-09 and 2009-10.  And that accordingly the OP had issued distinct work orders with regard to separate wards.  Further he had contended that, he had completed the works so entrusted within the time and he had submitted bills.  And that the OP paid the bill amount EMD amount and Bank guaranty amount pertaining to 2007-08 only.  And that OP did not pay the bills amount, EMD’s amount and Bank guaranty amounts with regard to 2008-09 and 2009-10.

 

(c)    Further he had contended that, to carry out the said works he had raised loans from several persons in order to pay the laborers, as well, for meeting expenditure for completion of entrusted work.  And that in spite of several requests the OP failed to pay.  And that the OP was guilty of deficiency in service.  And that he got issued notice dated: 06.04.2015 to the OP.  So contending, the original complainant has come up with this complaint on hand to seek the above set out reliefs. 

 

(d)    Along with the complaint the deceased original complainant during his lifetime on 04.01.2016 itself submitted list with following three documents:-

(i)       Xerox copies of the work orders with respect to Ward No.1 to 14 and 15 to 25.

(ii)      Statement of bill amount and Bank Guarantee amount.

(iii)    Copy of the legal notice.

 

03.   As per proceedings noted in the order-sheet dated: 04.02.2016 the OP came to be placed exparte. 

 

04.   On 18.02.2016 the original complainant has submitted his affidavit evidence.  On 25.02.2016 the learned counsel appearing for the original complainant did submit written arguments also.

 

05.   While so, on 12.04.2016 it came to be submitted by the learned counsel appearing for the original complainant that, the original complainant had died on 06.04.2016.  Under the circumstances on 03.05.2016 the present LRs of the deceased original complainant having come on record vide order date: 03.05.2016 on I.A. No.II have continued the proceedings with effect from 03.05.2016 itself.  On this day itself the learned counsel appearing for the LRs of the deceased complainant did submit oral arguments also.

 

06.   Therefore the points that do arise for our consideration in this case are:-

 1. Whether the OP could be held deficient in service with regard to the present LRs of the deceased complainant?

2. If so, whether these LRs of the deceased complainant are entitled to the reliefs sought for?

3. What order?

 

07.   Findings of this District Forum on the above stated points for the following reasons are:-

POINT -1 & 2:-        In the Affirmative.

 

 

POINT -3:-   As per final order for the following:-

 

REASONS

POINTS - 1 & 2:-

08.   To avoid repetition in reasonings and as these points do warrant common course of discussion, the same are taken up for consideration at a time. 

 

(a) Certainly during the lifetime of the original complainant such a service rendered by him in attending repairs of motor pump set and also repairs of various electricals and relating to bore well motors and pump set as entrusted by the OP by acceptance of the tenders would tantamount to availing such service for the purpose of earning his livelihood by means of self-employment.  As such the deceased complainant during his lifetime by attending such works became “the consumer” of the OP as per definition Under Section 2(1)(d)(ii) of the Act.  Therefore he had every locus-standi to maintain the complaint.

 

(b)    So on account of sudden and sad demise of the complainant during the pendency of the present proceedings these LRs of him have every locus-standi to continue the complaint as they would also be LRs of the deceased complainant being consumer of the OP.

 

(c)    Now, we are to consider the merits of the case.  As the OP has been placed exparte, pleadings maintained by the original complainant coupled with said oral affidavit evidence and said documentary evidence since un-opposed the same have prevailing effect.  Therefore It is held that the OP had remained in arrears of Rs.2,50,008/- towards bank guaranty amount and of Rs.6,44,217/- towards bill amount, as well, EMD amount with regard to ward Nos. 1 to 14 and 15 to 25 being package Nos. 1 and 2.  As the original complainant died the OP is legally duty bound and hence accountable for the said claim preferred by the present LRs of the deceased complainant.  Since the OP failed to comply there is serious deficiency in the service.

 

(d)    Consequently we hold that, these present LRs of the deceased complainant are held entitled to recover a sum of Rs.6,44,217/- being dues towards bill amount and Rs.2,50,008/- being dues towards bank guaranty amount, thus for total sum of Rs.8,94,225/- together with EMD amount with interest at the rate of 9% per annum from 04.01.2016 being the date of the complaint till realization.

 

POINT -3:-

09.   We proceed to pass the following:-

ORDER

01.   The complaint continued by these present LRs of the deceased complainant stands allowed with costs of Rs.2,500/- against the OP as hereunder:-

 

(a) The OP is held liable to pay Rs.6,44,217/- being the due towards bill amount and Rs.2,50,008/- being the dues towards bank guaranty amount thus the total sum of Rs.8,94,225/- and also OP is held liable to pay the EMD amount together with interest at the rate of 9% per annum from 04.01.2016 being the date of the complaint till realization.

 

(b)    We grant time of one month to the OP to comply order from the date of receipt of the same.

 

(02)  Send a copy of this order to both parties free of costs.

 

(Dictated to the Stenographer in the Open Forum, transcribed by him, corrected and then pronounced by us on this 04^th DAY OF MAY 2016)

 

 

 

 

MEMBER                           MEMBER                  PRESIDENT