This C.C coming on before us for final hearing, on 18-12-2007 in the presence of Sri. B.Mallaiah, Advocate for Complainant , and in the presence of Government Pleader,for the opposite parties; upon perusing the material papers on record; upon hearing arguments, and having stood over for consideration, this Forum passed the following:-
ORDER
(Per Sri.K.V.Kaladhar, Member )
1. This complaint is filed under section 12(1) (a) of the Consumer Protection Act, 1986 with the following averments;
2. The brief facts of the complaint are that the complainant has been running the Hippo Haluler tiller bearing No.APH 7702 in D.S.M.S.Godown to transport the essential commodities from M.L.S.Point to F.P.Shops in Khammam Town under stage II with the permission of the opposite party No-3. The complainant belongs to Schedule Caste Community, that along with the complainant Sri.K.Venkateshwarlu, D.Vijaya Kumar are also transporting the said commodities. The opposite party No-1 passed orders vide Lr.No. KMM-MLS Point/Stage II beneficiaries/2005/2006 dated 29-3-2006 permitting the complainant and four others to transport the essential commodities from M.L.S.Point to F.P.Shops in Khammam Town, under Stage-II.
3. The complainant has been facing lot of troubles with the old vehicle as it was manufactured in the year 1983. The complainant made application to the opposite party No-1 permit him to transport the essential commodity through a new vehicle No.AP 27 T 7469 which was purchased by the complainant.
4. But the opposite party No-1 without considering the same and directed the complainant to transport the essential commodities with old vehicle only and to deposit Rs.25,000/- as security deposit, vide orders dated 28-10-06.
5. That the complainant had old aged parents, wife and children and they are all depending on the earnings of the complainant. The complainant met with an accident and sustained injuries. Hence this complaint.
6. It is prayed that Hon’ble Forum may be pleased to passed order as under;
(a)The order of opposite party No-1, dt.28-10-06 vide Lr.No. CSC/Stage-II/beneficiary/Khammam , is null and void and consequently direct he opposite parties to permit the complainant to transport the essential commodities on the new vehicle bearing No.AP 20 T 7469 from M.L.S.Point to F.P.Shops in Khammam town under stage II.
(b)To grant installments @ Rs. 1,000/- per month for the payment of security deposit, as claimed by the opposite party No-1.
(C) to award costs of the complaint.
7. The complainant filed his affidavit along with following documents:
(i)The complainant addressed a letter dated Nil to the District Collector, Khammam (ii) xerox copy of proceedings District Manager, A.P.S.C.S.C.L, dated 20-10-06.(iii) A letter addressed to the Joint Collector by the complainant dated Nil.(iv)A letter addressed to the District Manager by the complainant, dated 25-1-06(v) A letter addressed to the Joint Collector, Khammam by the complainant, dated 20-2-06.(vi) A letter addressed to the General Manager, dated Nil.(vii)Proceedings of District Manager, APSCCL, dated 29-3-06.(viii)A letter addressed to MLA, Khammam by the complainant, dated Nil.
8. The opposite party No-1 filed the following counter. The opposite party No-1 denied all the allegations in the complaint.
9. It is submitted that the Joint Collector has permitted the complainant as stage-II beneficiary purely on temporary basis only. The complainant has stated that he is not in a position to drive the vehicle and will run through a driver. The beneficiary scheme is applicable only to those who can drive the vehicle on their own as it was given on self-employment scheme.
10. It is submitted that it is also to be taken into account that the essential commodities are being delivered to the complainant nominated driver without any security for the stocks. Now, as per the new guidelines an amount of Rs.25,000/- has been collected from the Stage –II beneficiary in equal installments and kept as security deposit in the name of the beneficiary. This will help the Civil Supplies Corporation to adjust the en-route shortages damages of stock in accident etc.
11. It is further submitted that the complainant is an un-authorized stage –II operator, he has not been sponsored by the SC Corporation Limited, Khammam to work as stage –II beneficiary he should personally take the essential commodities in his own vehicle.
12. Hence the complaint may be dismissed with exemplary costs and interest of justice.
13. The opposite party No-2 & 3 adopted the counter filed by the opposite partyNo-1.
14. The complainant filed his chief affidavit and written arguments.
15. Opposite parties filed a memo stating that the counter of opposite party No-1may be treated as their written arguments. Both the complainant and opposite parties advanced oral arguments.
16. Whether the complainant is entitled as prayed for?.
17. It is the contention of the complainant that he is stage-II beneficiary and running a Hippo Haluler tiller to transport the essential commodities from M.L.S.Point to F.P.Shops in Khammam. As the old vehicle is giving troubles. Hence the complainant intended to transport essential commodities through a new vehicle. But the request of the complainant was not accepted by opposite party No-1 and he is also insisting to deposit Rs.25,000/- towards security deposit. Hence this complaint.
18. For which the contention of the opposite parties is that the complainant is not an authorized beneficiary since inception of the scheme. Then the joint Collector, Khammam has permitted the complainant as stage-II beneficiary purely on temporary basis only. Moreover, the complainant has stated that he is not in a position to drive the vehicle and will run through a driver. As per the beneficiary scheme who can drive vehicle on their own under self-employment scheme are permitted. Hence the complainant is liable for dismissal.
19. We have perused the documents filed by the complainant all these documents are letters addressed to the various officers by the complainant. The complainant did not file any order of the opposite parties that he was appointed as stage- II beneficiary under the self-employment scheme. The complainant also filed order of the District Manager, APSSCL, dated 29-3-06. In that order it was mentioned of 5 names. The 5th name was mentioned as Sri S.Anjaiah. As per this order also the complainant name was not at all mentioned.
20. It is the contention of the opposite party No-1 is that as per new guidelines the stage-II beneficiary has to pay Rs.25,000/- towards security amount so as to adjust this amount towards shortages, damages of stock in accidents etc.
21. It is also the contention of the opposite party No-1 is that then the Joint Collector, Khammam has permitted the complainant as stage-II beneficiary purely on temporary basis.
22. We are of the opinion that the complainant did not file any documentary proof to say that he is stage-II beneficiary under the self-employment scheme. It is also an admitted fact that the complainant was met with an accident and he is not in a position to drive the vehicle by himself. As per the self-employment scheme the beneficiary scheme himself must drive the vehicle. Hence the complaint has no merits. The complainant did not prove his case. The complaint is liable for dismissal. Accordingly the complaint is dismissed without costs. The point is answered against the complainant.
23. In the result the complaint is dismissed. No costs.
Typed to my dictation, Corrected and pronounced by us, in this Forum on this 4th day of January, 2008.
President Member Member
District Consumers Forum, Khammam
APPENDIX OF EVIDENCE
WITNESS EXAMINED FOR
Complainant Opposite parties
Nil Nil
DOCUMENTS MARKED FOR
Complainant
Nil Opposite parties
Nil
President Member Member District Consumers Forum, Khammam
