Karnataka

Chitradurga

CC/183/2018

A. Nageena Banu W/o Mohammed Hussain, - Complainant(s)

Versus

The Joint Director, Industries and Commerce Department - Opp.Party(s)

Sri.P.S. Sathyanarayana Rao

08 Feb 2019

ORDER

COMPLAINT FILED ON:27/09/2018

DISPOSED      ON:08/02/2019

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, CHITRADURGA.

 

CC.NO:183/2018

 

DATED: 8^th FEBRUARY 2019

PRESENT :-     SRI.T.N.SREENIVASAIAH :   PRESIDENT                                     B.A., LL.B.,

                        SMT. JYOTHI RADHESH JEMBAGI

BSc.,MBA., DHA.,                LADY MEMBER

 

……COMPLAINANT/S	Nageena Banu W/o Mohammed Hussain, Major, R/o Mandakki Bhatti Area, Holalkere road, Chitradurga.   (Rep by Sri.P.S. Sathyanarayana, Advocate)
V/S
…..OPPOSITE PARTIES	1. The Joint Director, Industries and Commerce Department, Jogimatti main road, Chitradurga.   2. The Deputy Commissioner, Chitradurga District.   (Rep by Sri.C.M. Veeranna, Advocate)

ORDER

SRI. T.N. SREENIVASAIAH:   PRESIDENT

The above complaint has been filed by the complainant u/Sec.12 of the C.P. Act, 1986 for the relief to direct the OPs to drop all the further proceedings which is to be initiated against her for vacating Mandakki Bhatti Manufacturing Unit at Madakaripura, Chitradurga Taluk and to grant such other relief.  

2.      The brief facts of the case of the above complainant are that, she is the proprietor of M/s A.N. Mandakki Bhatti Manufacturing Unit, situated at Re.sy. No.35, Old Bangalore Road, Madakaripura village, Chitradurga Taluk.  It is submitted that, on 13.08.2018, 72 living-cum-industrial sheds have been allotted in sy.No.35 to the persons who are previously running Mandakki Bhatti in Holalkere Road, Chitradurga.  The Public have agitated that, due to Mandakki Manufacturing Unit, they are suffering from severe civic amenities and air pollution.  As such, the Hon’ble Deputy Commissioner, Chitradurga by conducting meeting on 13.09.2012 was pleased to allot 5 acres of land in sy. No.35 of Madakaripura village as per the directions of Lok Adalath vide W.P No.13473/1998 C/W-Writ, Application No.33645 (PIL) by directing the Joint Director to allot the living-cum-industrial sheds exclusively for Mandakki Manufacturing Entrepreneurs, who are running the Mandakki Unit in Holalkere road, Chitradurga, who are given application for allotment of sheds to OP No.1.  It is further submitted that, Jai Bharat Mandakki Owners and Workers Union (Regd.,) have given and certified that, the complainant is running the Mandakki Manufacturing Unit from 05.10.2004 to 05.10.2005.  Accordingly, the OP No.1 has given Entrepreneurs Memorandum letter dated 17.0.8.2013 to the complainant so, the complainant is running the Mandakki Manufacturing unit in the allotted living-cum-shed continuously without any stoppage.  The complainant has also obtained permission from the Municipal Council, Chitradurga under No.2865 for the period from 01.04.2004 to 31.03.2005.  From 20.07.2004, the complainant is running the Mandakki Manufacturing Unit by obtaining lease of the Godown at Industrial Area, Davanagere Road, Chitradurga and obtained Training/Workshop meant for ladies in DITC, Chitradurga and the Certificate clearly mentioned that, the complainant is eligible for all the required encouragement, benefits from the Government.  The complainant has obtained power connection from the KPTCL, Chitradurga on 06.10.2004 by remitting Rs.33,530/- and obtained 8 KVPR power connection to run the business and also obtained permission from Karnataka State Pollution Control Board, Chitradurga vide Cash receipt No.336512 dated 20.07.2017 by paying Rs.400/-.  The complainant has remitted Rs.15,000/- towards allotment of shed in her favour for running the Mandakki Manufacturing Unit through DD in favour of Joint Director, DIC, Chitradurga.  It is further submitted that, by considering the list sent by Jai Bharat Mandakki Owners and Workers Union (Regd.,), on 14.06.2015 under the Chairmanship of the Deputy Commissioner, Chitradurga and Joint Director, DIC, Chitradurga have resolved and confirmed the allotment of 72 sheds to 72 different beneficiaries.  The same has been elaborately discussed and resolved in the meeting held on 13.11.2013 and 29.06.2015 under the Chairmanship of Deputy Commissioner, Chitradurga and the Joint Director, DIC, Chitradurga and as per the allotment list, the complainant has been allotted shed No.45 measuring 50 X 30 feet and from the date of allotment, the complainant is in peaceful possession and enjoyment of the same by running the Mandakki Manufacturing Unit.  It is further submitted that, on the petition filed by some persons, who are ill-will towards the complainant, the OP No.1 has given final Notice on 30.07.2018 to vacate the shed stating that, the allotment is against to law and not maintainable.  It is further submitted that, the persons who are giving petition, they have also allotted site No.20, vide sl.No.21 in the list sent by the President, Jai Bharat Mandakki Owners and Workers Union (Regd.,) and moreover, the person who filed petition against the complainant is also the member of the association.  It is further submitted that, after lapse of three years, the OP No.1 has given notice to vacate the shed allotted to her which is against to the law.  The complainant and her family is solely depending upon the income derived from the business and the complainant has no source of income except this source.  The act of the OP No.1 caused mental agony, loss of business and financial loss as she has invested huge amount for running the Mandakki Manufacturing unit by getting huge money from their relatives and friends by executing promissory notes of Rs.75,000/- each.  The cause of action arose for this complaint is within the jurisdiction of this Forum and hence, prayed for allow the complaint.   

3.      OPs appeared through Sri.C.M. Veeranna, Advocate and filed version denying all the allegations made in the complaint, the complaint filed by the complainant is false, frivolous, vexatious and wholly misconceived and unsustainable under law or on facts and the same is filed with a malafide intention.  The allegations made in para 1 of the complaint are true and correct.  It is submitted that, the complainant has remitted Rs.15,000/- towards allotment of the shed for running the Mandakki Manufacturing Unit through DD in favour of Joint Director, DIC, Chitradurga is true and correct.  The allegations made in para 7 that, by considering the list sent by Jai Bharat Mandakki Owners and Workers Union (Regd.,), on 14.06.2015 under the Chairmanship of the Deputy Commissioner, Chitradurga and Joint Director, DIC, Chitradurga have resolved and confirmed the allotment of 72 sheds to 72 different beneficiaries,t he same has been elaborately discussed and resolved in the meeting held on 13.11.2013 and 29.06.2015 under the Chairmanship of Deputy Commissioner, Chitradurga and the Joint Director, DIC, Chitradurga and as per the allotment list, the complainant has been allotted shed No.45 measuring 50 X 30 feet and from the date of allotment, the complainant is in peaceful possession and enjoyment of the same by running the Mandakki Manufacturing Unit.  On the petition filed by some persons, who are ill-will towards the complainant, the OP No.1 has given final Notice to vacate the shed stating that, the allotment is against to law and not maintainable, the persons who are giving petition, they have also allotted site No.20, vide sl.No.21 in the list sent by the President, Jai Bharat Mandakki Owners and Workers Union (Regd.,) and moreover, the person who filed petition against the complainant is also the member of the association is denied as false.  The allegations made in para 8 that, after lapse of three years, the OP No.1 has given notice to vacate the shed allotted to her which is against to the law, the complainant and her family is solely depending upon the income derived from the business and the complainant has no source of income except this source.  The act of the OP No.1 caused mental agony, loss of business and financial loss as she has invested huge amount for running the Mandakki Manufacturing unit from their relatives and friends by executing promissory notes of Rs.75,000/- each is denied as false and therefore, there is no deficiency of service on its part and prays for dismissal of the complaint. 

4.      Complainant herself has examined as PW-1 by filing affidavit evidence and the documents Ex.A-1 to A- were got marked and closed his side. On behalf of OPs, one Sri.B. Anand, the Joint Director of DIC has examined as DW-1 and no documents have been got marked and closed their side.  

 

5.      Arguments heard.

6.      Now the points that arise for our consideration for decision of above complaints are that;

(1)  Whether the complainant proves that she is a consumer under the OPs?

(2) Whether the complainant proves that the OPs have committed deficiency of service by giving notice to vacate the allotted shed and entitled for the reliefs as prayed for in the above complaint?

              (3) What order?

         7.       Our findings on the above points are as follows:-

                    Point No.1:- Partly in Affirmative. 

                    Point No.2:- As per final order.

REASONS

8.      Point No.1 and 2:- It is not in dispute that, the complainant is the Proprietor of M/s A.N. Mandakki Manufacturing Unit at Re.sy. No.35, Old Bangalore Road, Madakaripura village, Chitradurga Taluk.  On 13.08.2018, 72 living-cum-industrial sheds have been allotted in sy.No.35 to the persons who are previously running Mandakki Bhatti in Holalkere Road, Chitradurga.  The complainant has also obtained permission from the Municipal Council, Chitradurga under No.2865 for the period from 01.04.2004 to 31.03.2005.  From 20.07.2004, the complainant is running the Mandakki Manufacturing Unit by obtaining lease of the Godown at Industrial Area, Davanagere Road, Chitradurga and obtained Training/Workshop meant for ladies in DITC, Chitradurga and the Certificate clearly mentioned that, the complainant is eligible for all the required encouragement, benefits from the Government.  The complainant has obtained power connection from the KPTCL, Chitradurga on 06.10.2004 by remitting Rs.33,530/- and obtained 8 KVPR power connection to run the business and also obtained permission from Karnataka State Pollution Control Board, Chitradurga vide Cash receipt No.336512 dated 20.07.2017 by paying Rs.400/-.  The complainant has remitted Rs.15,000/- towards allotment of shed in her favour for running the Mandakki Manufacturing Unit through DD in favour of Joint Director, DIC, Chitradurga.  It is further submitted that, by considering the list sent by Jai Bharat Mandakki Owners and Workers Union (Regd.,), on 14.06.2015 under the Chairmanship of the Deputy Commissioner, Chitradurga and Joint Director, DIC, Chitradurga have resolved and confirmed the allotment of 72 sheds to 72 different beneficiaries.  The Hon’ble Deputy Commissioner, Chitradurga by conducting meeting on 13.09.2012 was pleased to allot 5 acres of land in sy. No.35 of Madakaripura village as per the directions of Lok Adalath vide W.P No.13473/1998 C/W-Writ, Application No.33645 (PIL) by directing the Joint Director to allot the living-cum-industrial sheds exclusively for Mandakki Manufacturing Entrepreneurs, who are running the Mandakki Unit in Holalkere road, Chitradurga, who are given application for allotment of sheds to OP No.1.  Accordingly, Jai Bharat Mandakki Owners and Workers Union (Regd.,) have given and certified that, the complainant is running the Mandakki Manufacturing Unit from 05.10.2004 to 05.10.2005.  Accordingly, the OP No.1 has given Entrepreneurs Memorandum letter dated 13.0.8.2013 to the complainant from OP No.1.  So, the complainant is running the Mandakki Manufacturing unit in the allotted living-cum-shed continuously without any stoppage.  The complainant has also obtained permission from the Karnataka State Pollution Control Board, Chitradurga vide Cash receipt No.336512 dated 20.07.2017 by paying Rs.400/-.  The complainant has remitted Rs.15,000/- towards allotment of shed in her favour for running the Mandakki Manufacturing Unit through DD in favour of Joint Director, DIC, Chitradurga.  By considering the list sent by Jai Bharat Mandakki Owners and Workers Union (Regd.,), on 14.06.2015 under the Chairmanship of the Deputy Commissioner, Chitradurga and Joint Director, DIC, Chitradurga have resolved and confirmed the allotment of 72 sheds to 72 different beneficiaries, the same has been elaborately discussed and resolved in the meeting held on 13.11.2013 and 29.06.2015 under the Chairmanship of Deputy Commissioner, Chitradurga and the Joint Director, DIC, Chitradurga and as per the allotment list, the complainant has been allotted shed No.45 measuring 50 X 30 feet and from the date of allotment, the complainant is in peaceful possession and enjoyment of the same by running the Mandakki Manufacturing Unit.  On the petition filed by some persons, who are ill-will towards the complainant, the OP No.1 has given final Notice to vacate the shed stating that, the allotment is against to law and not maintainable.  The persons who are giving petition, they have also allotted site No.20, vide sl.No.21 in the list sent by the President, Jai Bharat Mandakki Owners and Workers Union (Regd.,) and moreover, the person who filed petition against the complainant is also the member of the association.  After lapse of three years, the OP No.1 has given notice to vacate the shed allotted to her which is against to the law.  The complainant Advocate addressed the argument that, her entire family is solely depending upon the income derived from the business and the complainant has no source of income except this source and from the act of the OP No.1 caused mental agony, loss of business and financial loss as she has invested huge amount for running the Mandakki Manufacturing unit by getting huge money from their relatives and friends.  The Advocate for the OPs argued that, Jai Bharath Mandakki Bhatti Owners and Labour Association, Chitradurga has send the list to the OPs.  As per the list, the complainant and her husband are the beneficiaries.  Further the OPs have agreed the entire allegations i.e., the complainant and her family members are running the Mandakki Bhatti in Holalkere road, Chitradurga and the OPs have allotted site No.45 to the complainant and further OPs have collected the amount of Rs.15,000/- from the complainant and further the complainant has obtained permission from the Karnataka Pollution Control Board.  But they have taken a main contention that, this Forum has no jurisdiction to entertain this complaint.  As per the documents produced by the complainant, it clearly shows that, the complainant has paid the amount of Rs.15,000/- to the Joint Director, DIC, Chitradurga and also the complainant has paid Rs.400/- as per receipt No.336512 dated 20.08.2015.  When the complainant has paid the amount to the OPs, by that time itself the complainant has become a consumer under the OPs and as such, this Forum has a jurisdiction to entertain this complaint. 

9.      We have gone through the entire documents filed by the complainant, it shows that, the complainant has paid the amount to the OPs for the purpose of allotment of site for running the Mandakki Bhatti.  After allotment of the site, the complainant and his family have constructed the shed in the site allotted by the OPs.  After lapse of three years, the OPs have issued notice to vacate the premises that is not correct.  The consumer Act is formed for the benefit of the consumers.  In this case, the complainant and her family are the beneficiaries.  The OPs have not followed the procedure as contemplated under law before issuing the notice for vacation.  If really the OPs have tried to vacate the premises of the complainant, they have to follow the procedure as contemplated under law.  The complainant and her family members are entirely depending upon the earnings of the above said Mandakki Bhatti.  The OPs have colluded with the some objector and issued this type of notice, the same is not sustainable under law.  Due to the issuance of notice, the complainant and her family members are suffering from mental agony, loss of business.  Therefore, this Forum comes to the conclusion that, the OPs have committed deficiency of service in issuing the notice to the complainant and accordingly, this Point No.1 and 2 are held as partly affirmative to the complainant.          

            10.     Point No.3:- As discussed on the above point and for the reasons stated therein we pass the following:-

ORDER

            The complaint filed by the complainant U/s 12 of CP Act 1986 is partly allowed.

            It is ordered that the OPs are hereby directed to drop all the further proceedings which is likely to be initiated against the complainant for vacating the Mandakki Bhatti Manufacturing Unit at Madakaripura village, Chitradurga Taluk in shed No.68 and further directed not to vacate the shed of the complainant forcibly.

(This order is made with the consent of Member after the correction of the draft on 08/02/2019 and it is pronounced in the open Court after our signatures)         

 

                                     

MEMBER                                                   PRESIDENT

-:ANNEXURES:-

Witnesses examined on behalf of Complainant:

PW-1:  Complainant by way of affidavit evidence.

Witnesses examined on behalf of OPs:

PW-1:  Sri. B. Anand, the Joint Director, DIC, Chitradurga by way of affidavit evidence.

Documents marked on behalf of Complainant:

01	Ex-A-1:-	Certificate issued by GM, DTI, Chitradurga
02	Ex-A-2:-	Agreement dated 20.07.204
03	Ex-A-3:-	License issued by CMC, Chitradurga
04	Ex-A-4:-	KPTCL Letter
05	Ex-A-5:-	Notice dated 14.02.2008 by CMC, Chitradurga
06	Ex-A-6:-	Resolution passed by DC, Chitradurga
07	Ex.A-7:-	Letter of Joint Director, DIT, Chitradurga dated 25.07.2013
08	Ex.A-8:-	Letter of Joint Director, DIT, Chitradurga dated 12.02.2014
09	Ex.A-9:-	Resolution passed by JD, DIT, dated 29.06.2015
10	Ex.A-10:-	Letter by Jai Bharat Mandakki Bhatti Owners and Labour Association
11	Ex.A-11:-	Resolution dated 29.06.2015
12	Ex.A-12:-	List of Beneficiaries
13	Ex.A-13:-	Receipt No.336512 dated 20.07.2015
14	Ex.A-14:-	Record Slip No.6645491 dated 14.09.2013
15	Ex.A-15:-	Entrepreneurs Memorandum dated 17.08.2013
16	Ex.A-16:-	Certificate issued by Jai Bharat Mandakki Bhatti Owners and Labour Association
17	Ex.A-17:-	Application of complainant given to the JD, DIT, Chitradurga
18	Ex.A-18:-	Letter to JD, DIT, Chitradurga dated 09.06.2015
19	Ex.A-19:-	Possession Certificate dated 14.06.2015
20	Ex.A-20:-	Udyog Aadhar Memorandum dated 19.06.2015
21	Ex.A-21:-	Final Notice dated 30.06.2018
22	Ex.A-22:-	Legal Notice dated 16.07.2018
23	Ex.A-23:-	2 Postal Receipts and 2 due cards

 

Documents marked on behalf of OPs:

-Nil-

 

 

MEMBER                                                   PRESIDENT

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