BEFORE THE DISTRICT CONSUMER’S FORUM: KURNOOL Present: Sri. T.Sundara Ramaiah, B.Com B.L., President And Sri. M.Krishna Reddy, M.Sc., M.Phil., Male Member And Smt. S.Nazeerunnisa, B.A., B.L., Lady Member Friday the 14th day of September, 2012 C.C.No.44/2012 Between: N.Ravi Prakash, Panchayath Raj Department on deputation, Quarters No.C/B 113, C-Camp, Kurnool – 518 003. …Complainant -Vs- 1. The Executive Engineer,Roads and Buildings, ABC Camp,Near Raj Vihar Hotel, Kurnool – 518 001. 2. The Chief Engineer (R & B) Buildings, Errummanzil, Hyderabad – 500 082. 3. The Superintending Engineer (R&B),Roads and Buildings, Circle Office, B-Camp, Opp. Birla Compound, Kurnool – 518 002. ...Opposite ParTies This complaint is coming on this day for orders in the presence of Sri.M.Sivaji Rao, Advocate for complainant and Sri.G.Madhusudhana Reddy, Government Pleader for opposite parties 1 and 3 and opposite party No.2 called absent and upon perusing the material papers on record, the Forum made the following. ORDER (As per Sri. T.Sundara Ramaiah, President) C.C. No.44/2012 1. This complaint is filed under section 11 and 12 of C.P. Act, 1986 praying:- (a) To direct the opposite parties jointly and severally to pay the repairs amount of Rs.22,368/- with interest at the rate of 24%. (b) To grant a sum of Rs.25,000/- towards the compensation for causing mental agony and hardship; (c) To grant the cost of this complaint; And (d) To grant such other relief or reliefs as the Honourable Forum deems fit and proper in the circumstances of the case. 2. The case of the complainant in brief is as under:- The complainant is working in Panchayat Raj Department on Deputation. He was allotted a Government Quarters bearing No.C/B 113, C-Camp, Kurnool. The complainant is residing in the said Government Quarters. The building allotted to the complainant became old and it was in dilapidated condition. The complainant sent an application to the opposite party No.2 to repair the building and set right defects. On 18-11-2010 the Assistant Engineer, ABC Camp submitted specification and estimation for an amount of Rs.1,00,000/-. The opposite parties called for tenders and entered into an agreement with a contractor by name Mr.Mohan Nair to complete the repairs to the building. The contractor started the repair works in the building. After removing the old doors the contractor stopped the repair works without any reason. Even after one week the contractor did not fix the doors. As a result the complainant and his family members were forced to face a lot of inconvenience. The complainant was forced to fix the doors and complete the repairs of the building by spending nearly Rs.22,368/-. Thereafter on 30-08-2011 the complainant brought the same to the notice of the opposite parties by sending a registered letter. The contractor put up bill for payment of the sanctioned amount. The opposite parties did not pay the amount of Rs.22,368/- incurred by the complainant towards the repairs. The complainant got issued a legal notice dated 18-10-2011 to the opposite parties demanding them to send the amount of Rs.22,368/-. The opposite parties received the said notice but not paid the amount. Hence the complaint. 3. Opposite party No.1 filed written version and the same is adopted by opposite party No.3. It is stated in the written version of opposite party No.1 that the complaint is not maintainable. The Government Quarter bearing No.C/B–113 was allotted to the complainant by District Collector, Kurnool. The complainant is residing in the said quarters since 10-11-2000. The house rent is being recovered from the salary bill. The Roads and Buildings department has not allotted the quarter and not deducted the rent from the complainant salary. The duty of the Roads and Buildings Department is only to execute repairs of quarters on budget allotment. Basing on the representation of the complainant to provide repairs to the quarter, estimate was sanctioned for an amount of Rs.1,00,000/-. The repair work was entrusted to Sri.K.Mohan on 18-08-2011. While the contractor was attending the repairs the complainant abused him in unparliamentarily language. The contractor preferred a letter to the department against the complainant on 19-08-2011. The complainant was called to the office of the opposite parties. The complainant tendered apology in the presence of contractor. The contractor completed the said work and submitted bill for sanction. The opposite parties gave a reply for notice given by the complainant. The contractor completed 90% of work on 18-08-2011 and subsequently he completed the remaining work and claimed the bill for entire work entrusted to him. The complainant filed the present complaint without knowledge of the District Collector who allotted the quarters to the complainant. There is no deficiency of service on the part of the opposite parties. The complainant filed the complaint to gain wrongfully. The complaint is liable to be dismissed. 4. Opposite party No.2 set exparte. 5. On behalf of the complainant Ex.A1 to A12 are marked and sworn affidavit of the complainant and third party affidavit of Sri.B.Sekhar is filed. On behalf of the opposite parties Ex.B1 is marked and sworn affidavit of opposite party No.1 is filed. 6. Both sides filed written arguments. 7. Now the points that arise for consideration are: i. Whether there is deficiency of service on the part of Opposite Parties? ii. Whether the complainant is entitled for the reliefs as prayed for? iii. To what relief? 8. POINTS i and ii:- The complainant is a Government Employee working in Panchayat Raj Department is not under dispute. Admittedly the Government Quarter bearing No.C/B – 113 was allotted to the complainant by the District Collector, Kurnool. The complainant occupied the said quarter on 10-11-2000. It is also the case of the complainant that he is not drawing HRA from the Government as he is residing in the Government Quarters. Ex.A12 is the Salary Certificate of the complainant issued by Mandal Parishad Development Officer, M.P.P., Kurnool. As seen from Ex.A12 it is very clear that the complainant is not drawing HRA and paying additional standard rent of Rs.40/- per month. Admittedly on the representation made by the complainant to opposite party No.2 the Assistant Engineer, ABC Camp, R & B, Kurnool submitted specification and estimation report for an amount of Rs.1,00,000/- under the original of Ex.A3. It is also admitted that the opposite parties called tenders and entered into an agreement with the contractor Mr.K.Mohan to complete the repair works of the quarters allotted to the complainant. Admittedly the contractor completed the part of the repairs to the complainant’s quarter. It is not the case of the complainant that the opposite parties did not attend the repairs of the quarter allotted to him. The evidence available on record goes to show that the opposite parties called for tenders and appointed a contractor to complete the repairs of the quarter allotted to the complainant. Opposite parties did not act negligently. It is not the case of the complainant there was deficiency of service on the part of the opposite parties in attending the repair works of the quarter allotted to the complainant. 9. It is the specific case of the complainant that the contractor Mr.K.Mohan who was appointed by the opposite parties to complete the repairs of the quarters stopped of the work in the middle, that he was forced to spend Rs.22.368/- from his packet to complete unfinished repairs and that the opposite parties are liable to pay said amount to him. The complainant in his sworn affidavit has stated that he spent an amount of Rs.22,368/- to complete the balance of repairs. The complainant also filed ex.A4 to Ex.A7 in support of his contention that he spent Rs.22,368/-. According to the complainant he issued Ex.A8 notice to opposite party No.2. In the said notice dated 30-08-2011 there is no mention that he spent an amount of Rs.22.368/- for completing the balance of repair works. On behalf of the complainant 3rd party affidavit of Sri B.Sekhar is filed. It is stated in the said affidavit of Sri B.Sekhar that on 22-08-2011 he took an amount of Rs.22.368/- from the complainant and purchased various materials from the various shops. The complainant nowhere in the legal notice Ex.A9 got issued to the opposite parties and also in the complaint; not at all mentioned that he appointed Sri B.Sekhar a Private Masson to complete the unfinished repairs and paid Rs.22,368/- to him. If really Sri B.Sekhar purchased the materials it is not known as to why Exs.A4 to Ex.A6 stands in the name of the complainant. No doubt the opposite parties did not give any reply for legal notice got issued by the complainant under Ex.A9. Merely because the opposite parties did not give any reply the complainants claim cannot be accepted. 10. It is the contention of the opposite parties that the contractor who was engaged to attend the repairs of the quarter completed the work and submitted the bill for sanction. The opposite parties also did not produce documents to show that the contractor completed entire work and he was paid the entire amount. It is the case of the opposite parties that the complainant quarreled with the contractor on 18-08-2011, scolded the contractor in filthy language and beat him. The opposite parties filed Ex.B1 complaint dated 19-08-2011 given by the contractor. In the said complaint it is stated that the contractor completed 80% of work, that on 18-08-2011 when he went to the quarter of the complainant to fix the door, the complainant scolded him in filthy language and beat him. The said letter is duly attested by Engineers in R & B, Department. As seen from the contents of the Ex.B1 it is very clear that the contractor could not complete the repairs an account of unruly behavior of the complainant towards the contractor. The complainant suppressed the said fact and filed the present complaint. It is settled principle of law that one who seeks justice must come to Court with clean hands. In the instant case the complainant having behaved indecently towards the contractor did not allow him to complete the repair works to the quarters. 11. The complainant filed the present complaint mainly with a prayer to direct the opposite parties to pay an amount of Rs.22,368/- said to have been incurred by him for attending balance of repairs to the quarter. Admittedly no technical sanction was given by the opposite parties to the complainant to complete the unfinished repairs. It is the duty of the R&B, Department to attend the repair works of the quarters under its control. It is not open to the occupant of the quarters to attend the repair works and claim the amount from R&B Department. No one is expected to take law into his own hands. The complainant has no right or authority to attend the repair works of the quarter without the permission from the R&B Department. Admittedly the complainant before attending the said repairs did not obtain permission from the opposite parties. As the complainant attended the balance of repairs of quarters works on his own accord, the opposite parties cannot be directed to pay an amount of Rs.22,368/- to the complainant. No deficiency of service is found on the part of the opposite parties. Therefore the complainant is not entitled for the reliefs claimed by him. 12. In the result, the complaint is dismissed without costs. Dictated to the stenographer, transcribed by her, corrected and pronounced by us in the open bench on this the 14th day of September, 2012. Sd/- Sd/- Sd/- MALE MEMBER PRESIDENT LADY MEMBER APPENDIX OF EVIDENCE Witnesses Examined For the complainant : Nill For the opposite parties : Nill List of exhibits marked for the complainant:- Ex.A1 Photo copy of Representation Letter of Complainant to opposite party No.2 dated 19-10-2010. Ex.A2 Photo copy of Letter of opposite party No.2 to opposite party No.3 dated 21-10-2010. Ex.A3 Photo copy of Specification and Estimation Report of opposite party No.1 dated Ex.A4 Photo copy of Bill No.43 for Rs.4,240/- issued by M/s Laxmi Paints, Kurnool dated 22-08-2011. Ex.A5 Photo copy of Bill for Rs.5,910/- dated 22-08-2011. Ex.A6 Photo copy of Bill No.932 for Rs.1,118/- issued by M/s MD.Haneef & Bros., Kurnool dated 22-08-2011. Ex.A7 Photo copy of Particulars of Labour expenditure for Rs.11,100/-. Ex.A8 Photo copy of Representation Letter of complainant to opposite party No.2 dated 30-08-2011 along with four postal receipts & acknowledgements (Nos.4). Ex.A9 Office copy of Legal Notice dated along with postal receipt (No.1) and acknowledgements (Nos.2). Ex.A10 Photo copy of Proceedings of District Collector dated 03-11-2000. Ex.A11 MPDO Letter dated 04-04-2012. Ex.A12 Salary Certificate dated 05-12-2011. List of exhibits marked for the opposite parties:- Ex.B1 Letter dated 19-08-2011. Sd/- Sd/- Sd/- MALE MEMBER PRESIDENT LADY MEMBER // Certified free copy communicated under Rule 4 (10) of the A.P.S.C.D.R.C. Rules, 1987// Copy to:- Complainant and Opposite parties : Copy was made ready on : Copy was dispatched on : | 
