CC Filed on 15.12.2008<br /> Disposed on 08.07. 2009<br /> <br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 08th day of July 2009<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> <br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No. 124/2008<br /> <br /> Between:<br /> <br /> <br /> Karnataka State Cooperative Consumers Federation Limited,<br /> Myakalappa Complex,<br /> Brahmin’s Street, Kolar, functioning in <br /> the name and style of Janatha Bazaar,<br /> Represented by its Branch Manager.<br /> <br /> <br /> (By Advocate Sri. P.S. Ranganathan) <br /> <br /> <br /> <br /> <br /> <br /> ….Complainant<br /> <br /> V/S<br /> <br /> <br /> 1. The Executive Officer,<br /> Taluk Panchayat,<br /> Bagepalle.<br /> <br /> <br /> 2. The District Officer,<br /> BCM Department, <br /> Chickballapur District,<br /> Chickballapur.<br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> <br /> ….Opposite Parties<br /> <br /> ORDERS<br /> <br /> This is a complaint under section 12 of the Consumer Protection Act, 1986 praying for a direction against the opposite parties to pay a sum of Rs.91,468/- with costs and interest etc.,<br /> <br /> 2. The material facts of complainant’s case may be stated as follows:<br /> That the complainant is a state level co-operative consumers federation functioning under the name and style of “Janata Bazaar” through out the state. It has a Branch at Kolar. The complainant is the supplier of retail commodities and other items catering to the needs of different consumers and retailers. <br /> <br /> That the OP No.2 is running different hostels in various Taluks of Chikaballapur District. OPs had entrusted the supply of food grains and other consumer items required by the Hostel-mates, to complainant and an agreement was entered between them. The complainant was required to supply the food grains and other items as per indents issued by OP.1 and after supply of the said goods the complainant was required to raise the bills for the value of goods supplied and OPs were required to pay the said bill amount. As per the procedure OP.1 was required to release the amount towards the price of food grains and other items supplied to various hostels situated in Bagepalli Taluk.<br /> <br /> It is alleged that during the year 2005-06 the complainant has supplied food grains and other items to various hostels in Bagepalli Taluk and raised bills towards the price of the goods supplied. It is alleged that 17 bills totally amounting to Rs.91,468/- are not cleared by OPs inspite of repeated request without any reasons. It is alleged that the complainant has rendered service to the hostel students by supply of food grains and other items and the OPs failed to discharge their duties. The complainant has produced the details of the bills and the several letters written by it requesting payment of the amount due. <br /> <br /> 3. One Sri. Dr. B. Srinivas, Executive Officer of OP.1 was present in response to the notice and he prayed time to file his version. OP.2 remained absent, though served with notice. The OPs have not filed any version and they remained absent. The Executive Officer of OP.1 who was present before the Forum on the first day of hearing had admitted that the bills raised could not be cleared for want of release of funds by concerned Department of State Government.<br /> <br /> 4. The complainant filed affidavit by way of evidence in support of the allegations made in the complaint. The OPs did not lead any evidence. We heard the Learned Counsel for the complainant and perused the records.<br /> <br /> 5. On consideration of the documents and allegations made in the complaint and the admitted facts we hold that there is inordinate delay in clearing the dues by OPs and that the claim of complainant for Rs.91,468/- is true. <br /> <br /> 6. Hence we pass the following:<br /> <br /> O R D E R<br /> <br /> The complaint is allowed. The OPs shall pay Rs.91,468/- only (ninety one thousand four hundred and sixty eight) to complainant within 45 days from the date of this order. In default they shall pay cost of Rs.1,000/- and interest at 6% p.a. on Rs.91,468/- from the date of order till the date of payment.<br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 08th day of July 2009.<br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br /> <br /> <br />