Date of Filing : 20.01.2012

  Date of Order : 28.01.2012

BEFORE THE DISTRICT CONSUMER DISPUTES REDRESSAL FORUM, KOLAR

Dated 28^th day of January 2012

PRESENT

Sri. T. RAJASHEKHARAIAH        ……..                    PRESIDENT

Sri. T.NAGARAJA                           ……..                   MEMBER

Smt. K.G.SHANTALA                      ……..                    MEMBER

Consumer Complaint No. 06/2012

1. Sri. Javeed Khan,

    S/o. Shafi Ahamed Khan, Major,

    R/o. Thadigol Village,

    Srinivasapur Taluk,

    Kolar Dist.

2. Abdul Khaleel,

    S/o. Abdul Rasoola, Major,

    R/o. Hyder Mohalla,

    Srinivasapura Town.

    (Sri. N. Narayana Swamy, Adv.)                        ……. Complainant

V/s.

1. The Panchayath Development Officer,

    Thadigol Grama Pandhyath,

    Srinivasapura Taluk,

    Kolar Dist.

2. The President,

    Thadigol Grama Pandhyath,

    Srinivasapura Taluk,

    Kolar Dist.                                                        …… Opposite Parties

ORDER

By Smt. K.G. SHANTALA, MEMBER

This Complaint is filed by the Complainant u/s. 12 of the Consumer Protection Act, 1986 against the Ops to pay Rs.4,50,000/- with interest @ 18% P.A and also pay damages for deficiency of service and to pay costs.

That under the NREGA (National Rural Employment Guarantee Act) 2005, the Ops entrusted work to the Complainant i.e., to construct drainage under planning No. 365/2010-11.  The estimate of work was Rs.6.00 Lakhs and he was given work allotment letter.  Complainant completed the said work, his Bill was cleared, but inspite of several letters and instructions from the Ops’ higher authorities, Ops did not pay the amount for the work undertaken by the Complainant due to which the Complainant is put to grave hardship and financial loss.  From the averments and reliefs sought in the Complaint, we can infer that the Complaint is filed for recovery of amount.  Complainant is not a consumer by any stretch of imagination, but a service provider.  Being a service provider to the Ops, he cannot claim to be a consumer under the Ops.  Hence, no purpose will be served by admitting the Complaint.  The Complaint does not constitute a consumer dispute under the Act.  Even if the Complaint is admitted, now the Complainant would not ultimately be entitled to any relief under the Act, as he does not come within the definition of the “consumer” under the C.P. Act.  Hence, Complaint is dismissed at the stage of admission itself.   Hence, we pass the following:

ORDER

Complaint is dismissed at the stage of admission.

Dictated to the Stenographer, got it transcribed and corrected and pronounced in the open Forum on this the 28^th day of January 2012.

T. NAGARAJA                K.G.SHANTALA            T.RAJASHEKHARAIAH

     Member                              Member                           President

SSS