CONSUMER DISPUTES REDRESSAL FORUM
Palakkad, Kerala
Dated this the 30th day of April 2014
PRESENT : SMT. SEENA. H, PRESIDENT Date of filing: 26/07/2013
: SMT. SHINY.P.R ,MEMBER
: SMT. SUMA K.P, MEMBER
CC.NO.122/2013
Venugopalan. K.P
S/o. Kuttan, Kurumbuveettilpadi,
Naduvattam P.O, Pattambi,
Palakkad – 679 308 : Complainant
(Party in person)
Vs
1.The Secretary,
Thiruvegappura Gramapanchayth,
Kaippuram P.O,
Kaippuram,
Pin - 679 308
2. The Preseident,
Thiruvegappura Gramapanchayth,
Kaippuram P.O,
Kaippuram,
Pin - 679 308 : Opposite parties
(By Adv. Mohammedali.M)
O R D E R
By Smt. Shiny . P. R. Member.
Brief facts of the complaint:- The complainant had obtained three sand pass from Thiruvegappura Gramapanchayath. But due to the closure of road for work, he could not take sand from Kaliyar Kadavu. On 30/03/2011 he had filed an application to renew the sand pass before the Secretary of Thiruvegappura Gramapanchayath. But they did not issue the renewed pass to the complainant. According to complainant the acts of the opposite parties amounts to deficiency
in service. He has incurred financial loss and suffered mental agony. Hence the complaint. He prays for compensation of Rs. 97,400/- (Rupees Ninety Seven Thousand and Four Hundred only) along with cost.
Complaint was admitted and issued notice to opposite parties and they entered appearance and filed their version. The contention in their version is that the complainant did not take the sand as per pass on 26/03/2011. There was no road works on that day. 5 other loads were taken by the allotted persons on that day itself. Opposite parties admitted that they had received the pass to renew the same and issued a receipt No. A4- 4042/11. Opposite parties submitted that there was negligence on the part of complainant himself. They also contended in their version that they already renewed the pass. But complainant did not come to the office to collect the renewed pass. At the time of argument they submitted that as per Sec. 249 of Kerala Panchayath Raj Act there must be 30 days notice to opposite parties before filing suit and Civil proceedings. There is no deficiency from the part of opposite parties. Hence complaint is liable to be dismissed.
Both parties filed their chief affidavit. Ext. A1 to A5 were marked from the side of complainant. Ext. B1 marked on the side of opposite parties.
The following issues are to be considered.
1. Whether there is any deficiency in service from the part of opposite parties?
2. If so, what is the relief and cost?
ISSUES 1 & 2
Both parties heard - We have perused the documents on record. Opposite parties admitted that they had issued sand Pass No. 90710 with allotted date of 26/03/2011. Complainant submitted that he could not take sand from kadavu on that day because of the closure of road for works. But letter issued by Assistant Engineer LSGD Section Thiruvegappura Gramapanchayath states that work on the road was completed on 23/03/2011. Ext B1 proves this fact. 5 other loads of sand were taken by the parties. From the evidence adduced by the parties it is clear that complainant has committed some faults. Opposite parties are the responsible signatory of the pass. So they have the duty to renew the pass immediately after getting application of complainant. Opposite parties submitted in their version that they already renewed the pass. Opposite Party No. 1 issued a Letter No A5-9854/13 dated 1-1-14 which shows that the sand pass is not renewed till 1-4-14. The complainant is waiting for 3 years to get the renewed pass. By the act of the Opposite parties, he has incurred financial loss and suffered mental agony. The inordinate delay of 3 years in not issuing renewed sand pass to the complainant is a clear proof of deficiency of service on the part of opposite parties. Consumer complaint is not a suit or Civil proceedings. Hence no necessity of 30 days prior notices to opposite parties.
In the view of above discussions, we are of the opinion that there is deficiency in service from the part of opposite parties . Hence complaint is allowed partly. Opposite parties are directed to renew the pass and give priority to complainant at the time sanctioning of the sand and pay Rs. 10,000/-(Rupees Ten Thousand only) as compensation for the mental agony due to deficiency in service and Rs. 1000/-(Rupees Thousand only) as cost of proceedings.
Ordered amount shall be paid within one month from the date of receipt of order, failing which the complainant is entitled for 9% interest for the whole amount from the date of order till realization.
Pronounced in the open court on this the 30th day of April 2014
Sd/-
Smt. Seena. H
President
Sd/-
Smt. Shiny. P.R
Member
Sd/- Smt.Suma K.P Member
APPENDIX
Exhibits marked on the side of the complainant
Ext.A1 - Receipt(No. 4042) issued by the opposite parties to the complainant dated
30/03/2011.
Ext.A2 - Sand pass issued by the opposite parties to the complainant dated
17/03/2011.
Ext.A3 - Sand pass allotted dated 29/03/2011 issued by the opposite parties to the
complainant dated 17/03/2011.
Ext.A4 - Letter sent by complainant to District Information Office,Palakkad dated
10/12/2013
Ext.A5 - Letter sent by opposite parties to the complainant dated 01/01/2014.
Exhibits marked on the side of the opposite parties
Ext.B1- Copy of kaliyarvattom Register maintained by Thiruvegappura
Gramapanchayath.
Witness examined on the side of complainant
Nil
Witness examined on the side of opposite parties
Nil
Cost allowed
Rs. 1,000/- (Rupees One Thousand only) allowed as cost of the proceeding.
