CC Filed on 01.09.2007<br /> Disposed on 24.07.2008<br /> BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR.<br /> <br /> Dated: 24th Day of July 2008<br /> <br /> PRESENT:<br /> Sri. G.V.HEGDE, President.<br /> Sri. T.NAGARAJA, Member.<br /> Smt. K.G.SHANTALA, Member.<br /> ---<br /> <br /> Consumer Complaint No.167/2007<br /> Between:-<br /> <br /> Sri. N.A.Balaji,<br /> Prop: Vaishnavi Enterprises,<br /> General Merchant and Contractor,<br /> Major,<br /> Brahmin Street,<br /> Kolar Town. Complainant<br /> <br /> (By Advocate Sri. A.V.Ananda & Others)<br /> <br /> V/s<br /> 1. The Manager,<br /> K.C.C.F., (Janata Bajar),<br /> Kolar Branch,<br /> Makalappa Complex,<br /> Near KSRTC Bus Stand,<br /> Kolar Town.<br /> 2. The Executive Officer,<br /> Taluk Panchayat,<br /> Kolar Taluk,<br /> Kolar. Opposite parties <br /> <br /> (OP-1 By Advocate Sri. P.S.Ranganathan)<br /> (OP-2 In person)<br /> <br /> ORDER<br /> This is a complaint under section 12 of the Consumer Protection Act, 1986 praying for a direction to pay Rs.1,69,236/- towards the dues and compensation with interest at 24% per annum and costs etc., <br /> <br /> CC No.167/2007<br /> 2. Originally the complaint was filed against OP-1 alone. Subsequently OP-2 is added during the course of the proceedings. <br /> <br /> The material facts may be stated as follows: That OP-1 was the successful bidder for supply of food grains and other items to various hostels run by Government situated in Kolar Taluk for the year 2006-07. OP-1 appointed various suppliers for supply of food grains to those hostels on its behalf. The supplier used to supply food grains to those hostels as per the indents approved by OP-1 and used to obtain certificate from the hostel wardens for supply of food grains as per such indents. Thereafter the supplier used to raise bills for the price of food grains supplied in the name of OP-1. Subsequently OP-2 used to pay the amount to OP-1 as per the bills and OP-1 used to retain commission at 3.5% on the bill amount and used to pay the balance to the supplier. There was agreement between Government and OP-1 as well as OP-1 and the supplier. <br /> <br /> In the present case the complainant was the supplier of food grains in respect of hostels in Kolar Taluk run by Government and he supplied certain food grains during the year 2006-07. In that respect the complainant claims that the balance of Rs.83,236/- was due for the food grains supplied by him. He alleged that he sustained damage for non-payment of the said amount by OP-1 and totally claims Rs.1,69,236/-. <br /> <br /> 3. The OP-1 appeared and filed version. The supply of food grains as alleged by complainant is not disputed. It is contended that OP-2 had not paid the bill amount in respect of bills presented to it, thereby it could not pay the dues to the complainant in time and further that it was a part of agreement between it and complainant that the complainant was entitled to the bill amount only after payment of it to OP-1 by OP-2. <br /> CC No.167/2007<br /> Further it is contended that this Forum as no jurisdiction to entertain this complaint as complainant was not a consumer as defined under the Act. <br /> 4. OP-2 appeared and stated that soon after the release of Government grant the dues will be cleared as per terms and conditions agreed between them. <br /> <br /> 5. The OPs are instructed to expedite the amount due to the complainant without insisting the technical defences, as it is an admitted fact that the OPs have to pay the amount to complainant for the supply of food grains made by him. Accordingly Rs.54,070/- was paid on 22.04.2008 through cheque to complainant. After verification of accounts it is found that a sum of Rs.16,508/- is still due to the complainant. In the facts and circumstances of the case without allowing any compensation or costs the amount due may be ordered to be paid to complainant. <br /> <br /> 6. Hence we pass the following:<br /> O R D E R<br /> The complaint is partly allowed. The opposite parties shall pay Rs.16,508/- to complainant within 3 weeks from the date of this order. In default complainant is entitled to recover costs of Rs.1,000/- and interest at 10% per annum on the amount due from the date of this order till the date of payment from OP-2.<br /> <br /> Dictated to the Stenographer, corrected and pronounced in open Forum this the 24th day of July 2008. <br /> <br /> <br /> MEMBER MEMBER PRESIDENT<br />