District Consumer Disputes Redressal Forum
Civil Station, Palakkad – 678 001, Kerala
Dated this the 26th day of November, 2010
Present: Smt.Seena.H, President
Smt.Preetha.G.Nair, Member Date of filing: 28/01/2010
Smt.Bhanumathi.A.K, Member
CC. No.9/2010
Giridharan
S/o.Raman Nair
Kaivalyam House
Koottanad, Nellikkattiri
Ottapalam
Palakkad. - Complainant
(By Adv.K.K.Sudheer)
Vs
The Secretary
Thirumittakode Grama Panchayat
Chathanur Post, Ottapalam Taluk
Peringodu Via
Palakkad. - Opposite party
(By Adv.P.Anil)
O R D E R
By Smt.Bhanumathi.A.K, Member
The complaint is as follows:
The Ottapalam Taluk Tahsildar sanctioned a pass No.5760 to collect 3 load sand of 10 ton each from Thirumittakode, Ambalamkadavu vide Consumer No.40094, 40095 and 40096 on 25/04/09 for the purpose of house repairing of the complainant. As per pass No.40094 the sand was taken on 02/06/09 in the lorry No.KL11 447. The same lorry was used to take sand as per the consumer No.40095 and lorry No.KLG 525 was used to take sand as per the consumer No.40096 on 04/06/09. When the weight of the sand in the three load were taken it is noticed that there is a short of 10 ton. So that the complainant lost an amount of Rs.2,300/- which has been paid in the Taluk per one load. Besides he lost an amount of Rs.2,500/- including vehicle rent and other expenses. The Deputy Tahsildar, Ottapalam stated orally to the complainant that if the sand pass is granted by Tahsildar it is the duty of Panchayat Secretary to provide correct quantity of sand. Showing all these the complainant sent a notice to the opposite party but did not turn up. Hence this complaint, seeking an order directing the opposite party to compensate the complainant by giving Rs.5,800/- and cost of the proceedings.
Opposite party filed version with following contention. According to the opposite party the complaint is defective on account of non-joinder of necessary parties. As Tahsildar is granted the sand pass Tahsildar and Collector should be made a party. It is the duty of the complainant to arrange sufficient vehicle to take the granted sand. If there is shortage in the quantity of sand it should be informed to the opposite party suddenly and get the same. Opposite party also contented that they have no authority to give sand again once pass is cancelled. So there is no deficiency on the part of opposite party and complaint is liable to be dismissed with cost.
Both parties filed affidavit. Ext.A1 to A5 (all are in series) marked on the side of complainant. Ext.B1 marked on the part of opposite party.
The issues to be considered are;
1. Whether there is any deficiency of service on the part of opposite party?
2. If so, what is the relief?
Heard both parties.
Complaint is for getting compensation from opposite party as there is a shortage of 10 ton of sand in permitted 30 ton of sand by the Tahsildar, Ottapalam Taluk. After collecting the sand the complainant weighed the sand and found that there is a shortage of 10 ton of sand. So the complainant seeks compensation of Rs.5,800/- from opposite party including Rs.2,300/- which is paid in the Taluk for each ton and vehicle rent.
It is evident from Ext.A4 series document the complainant got pass for collecting 30 ton of sand from Ambalamkadavu, Thirumittakode Panchayat. Ext.A5 series document shows that there is a shortage of 10 ton of sand in the allotted sand.
The first contention of the opposite party is that the complaint is defective as Ottapalam Tahsildar is not made a party in the complaint. But the complainant in the complaint itself stated that when he enquired about his case in the Tahsildar office he was informed that it is the responsibility of the Panchayat Secretary to deliver the fixed quantity of sand according to the pass. Further the Kerala Protection of River Banks and Regulation of Removal of Sand Act, 2001 Section 12(3) provides that the Grama Panchayat or Municipality concerned shall subject to the other provisions of this Act and the rules made there under make necessary arrangements to carry out the sand removal operation. So after the issuance of sand pass the whole responsibility is upon the Grama panchayat. So the contention of opposite party stands unsustainable.
The other contention of the opposite party is that it is the duty of the complainant to bring such vehicle so as to accommodate the full quantity of sand. Opposite party also contented that once pass is cancelled they can’t give sand again. Hence opposite party is not liable for the grievance of the complainant.
Getting sand pass is very a difficult task. After much sufferings when a person gets it he is entitled to get the full quantity of sand. The complainant states in the complaint that in the three loads, the sand is below the body level. So the complainant arranged the sufficient vehicle to take the sand is clear. Any how it is the responsibility of the Panchayat Secretary to ensure that the correct quantity of sand is loaded. The labours are expected to provide good service. It is clear that the complainant suffered monetary loss. It can be considered as deficiency of service on the part of opposite party.
From the above discussion we are of the view that there is deficiency of service on the part of opposite party.
In the result, complaint allowed. Opposite party is directed to pay an amount of Rs.3,500/- (Rupees Three thousand and five hundred only) as compensation and Rs.1,000/- (Rupees One thousand only) as cost of the proceedings. Order shall be complied within the one month from the date of receipt of order failing which the complainant is eligible to get interest @ 9% p.a from the date or order till realization.
Pronounced in the open court on this the 26th day of November, 2010
Sd/-
Smt.Seena.H,
President
Sd/- Smt.Preetha.G.Nair,
Member
Sd/-
Smt.Bhanumathi.A.K,
Member
Appendix
Witnesses examined on the side of complainant
Nil
Witnesses examined on the side of opposite parties
Nil
Exhibits marked on the side of complainant
Ext.A1 (Series) – Photocopy of lawyer notice sent by complainant to opposite party along with Postal receipt and acknowledgement card.
Ext.A2 (Series) - Photocopy of letter sent by complainant to opposite party along with Postal receipt and acknowledgement card.
Ext.A3 (Series) – Receipt issued by Weigh Bridge (3 in Nos)
Ext.A4 (Series) – Sand pass (3 in Nos)
Ext.A5 (Series) - Receipt issued by Weigh Bridge (2 in Nos)
Exhibits marked on the side of opposite parties
Ext.B1 – Letter dt.14/07/09 sent by opposite party to complainant
Cost (Allowed)
Rs.1,000/- (Rupees One thousand only) allowed as cost of the proceedings
