Telangana

Khammam

CC/28/2016

Seerapu Yadagiri Reddy, S/o. Penta Reddy H.No.18-1-178/1, Bollorugudem, New Paloncha - Complainant(s)

Versus

TRC Indoor Shuttle Ground KTPS, Paloncha, Rep. by its Chairman, O/o. CE/O&M/KTPS, Khammam District a - Opp.Party(s)

Sri.Sk.Latheef

27 Jun 2018

ORDER

BEFORE THE DISTRICT CONSUMER FORUM AT KHAMMAM

 

Dated this, the 27^th day of June, 2018.

 

          CORAM:     1. Sri. P. Madhav Raja, _{B.Sc., M.Li.Sc., LL.M.,}– President

2. Sri. R. Kiran Kumar_{, B.Sc., LL.M.} – Member

     

 

C.C. No. 28/2016

 

Between:

 

Seerapu Yadagiri Reddy, S/o. Penta Reddy,

Age: 46 Years, Occu: Business,

R/o. H.No.18-1-178/1, Bollorugudem, New Paloncha,

Khammam District.                                                 …Complainant

 

And

 

         

1. TRC Indore Shuttle Ground KTPS,

Paloncha, Rep. by its Chairman,

O/o. CE/O&M/KTPS,

Khammam District.

 

2. TRC Indore Shuttle Ground KTPS,

Paloncha, Rep. by its Secretary,

O/o. SE/CIVIL/O&M/KTPS

Khammam District.

                                                                         …Opposite parties

 

 

This C.C. is coming on before us for final hearing in the presence of          Sri Sk.Latheef, Advocate for Complainant and Sri S.Kasi Reddi and Ch.Srinivasa Rao, Advocates for Opposite Party Nos.1 and 2; upon perusing the material papers on record; upon hearing and having stood over for consideration, this Forum passed the following order;

 

O R D E R

(Per Sri. R. Kiran Kumar, Member)

 

 

This complaint is filed under section 12(1) of the Consumer Protection Act, 1986. 

 

1.       The averments made in the complaint are that the complainant is a member of TRC Indore Shuttle Ground, KTPS, Palvancha since last ten (10) years, he has paid Rs.40,000/- towards deposit and also paying Rs.600/- for three months, i.e. Rs.200/- per month.  The complainant submitted that the Opposite Parties permitted about 200 persons to participate in shuttle and other Indore games.   The Opposite Parties permitted some KTPS employees for conducting the tournament on 12^th and 13^th of March,2016 against the norms of the club and the said persons collected huge amounts from the public for conducting tournaments and mis-appropriated and  misused the funds.  The complainant paid Rs.1,000/- for participating in tournaments.  The complainant further submitted that he questioned the Opposite Parties about misappropriation of funds and advised not to misuse the funds, in this regard Opposite Parties developed grudge against the complainant and the Opposite Parties did not allowed the complainant into the shuttle court, in fact the name of the complainant was mentioned in the list.  The complainant further submitted that on 14-03-2016 he made a representation to the Opposite Parties with regard to the misappropriation of funds in the name of Ashaway Cup Badminton Tournament, but there is no proper response and on                 29-04-2016 with a malafide intention, Opposite Party No.1 issued a letter by colluding with some employees not to allow all new employees of KTPS.  The complainant also submitted that due to the illegal acts of Opposite Parties he is suffering untold mental agony and caused humiliation and there is deficiency of service on the part of Opposite Parties, as such the complainant filed this complaint.

 

          This complaint is filed against the Opposite Parties directing them to pay Rs.1,00,000/- to the complainant towards compensation and to permit the complainant to play the shuttle game in Indore Stadium and to awards costs of the complaint.   

 

2.       On behalf of the complainant, the complainant filed the following documents and the same were marked as Exs.A.1 to A.5. 

 

Ex.A.1         :-       is the photocopy of membership receipt dated:01-02-2016 for

an amount of Rs.600/- for the month of 2 to 4.

 

Ex.A.2:-       is the photocopy of membership receipt dated:01-09-2015 for an amount of Rs.600/- for the month of 9 to 11.

 

Ex.A-3:-      is the photocopy of letter dated:29-04-2016 of Telangana Power Generation Coop. Ltd., TRC Indore Shuttle Ground KTPS, Palvancha.

 

Ex.A-4:-      is the photocopy of letter dated:14-03-2016 addressed by the complainant to the Opposite Party No.1.

 

Ex.A-5:-      is the photocopy of broacher along with draw sheet of players.

 

3.       On receipt of notice the Opposite Parties appeared through their counsel and filed Counter.  In their counter, the Opposite Parties denied all the  averments  made by the complainant in the complaint that the complainant is resident of Bollorugudem of New Paloncha is a member of TRC Indore shuttle Ground of KTPS, Paloncha also submitted that the complainant is neither an employee nor in any way connected with the rights and usage of the said Shuttle ground and further submitted that the complainant is not a consumer and there is no any contract to the Opposite Parties to make service  are agreed to be provided, as such U/s.12(a) of Consumer Protection Act and the Opposite Parties also submitted that the allegation is false and baseless that the complainant deposited an amount of Rs.40,000/- towards deposit and also paying Rs.600/- for three months.   The Opposite Parties further submitted that the Opposite Parties being employees and Incharge Authority of TRC Indore Shuttle Ground of KTPS, Paloncha have collected Rs.100/- from each employee and utilizes the said amount for maintenance and the incharge may allow any outsider as a guest players and collecting Rs.200/- per month.  The Opposite Parties denied the allegation that they are permitted about 200 people to participate in Indore stadium and also the complainant is participating  since (8) years.   The Opposite Parties also denied that allegation that they permitted some of the KTPS employees for conducting the tournament on 12^th and 13^th of March,2016 against the norms of the club and the said persons collected huge amounts from the public for conducting Tournaments and misappropriate and misused the said funds. The Opposite Parties submitted that with the interest of employee members of TRC Indore Shuttle Ground and on their written application to the Authority of Chief Engineer, through proper channel for conducting Shuttle game, the Chief Engineer accorded permission to conduct the same. The Opposite Parties further submitted that one Ashaway Cup, Badminton Tournament established at Chennai and it is an organization by its members B.Satyanarayana and M.Sujeesh Nair issued a pamphlet with a condition to pay Rs.600/- towards entry fee for each player to supply two Ashaway round neck T-shirt  free and Rs.1,000/- fee for each player to get two Ashaway caller T-shirt.  Also submitted that the entire games were played in due process of Law and at no point of time neither the complainant nor any outsider made any representation  nor questioned  the  Opposite Parties and also advised about the alleged misused of funds.  The Opposite Parties further submitted that the new employees were appointed and as of their welfare also they became members of TRC Indore Shuttle Ground games, as such the outside guests are  not permitted to play.   In this regard a notice dated:29-04-2016 also placed in the notice board of Indore Stadium, and the representation dated:            14-03-2016 made by the complainant to the Chief Engineer, O&M, by alleging to the misappropriation of funds in the name of Ashaway Cup Badminton Tournament, in this regard the proper Authority of Chief Engineer after receipt of complaint call for explaination from the wrong doers by appointment of Enquiry Officer which is under process and the facts of the case will be known to the proper authority of Chief Engineer after enquiry.

 

The Opposite Parties further submitted that non issuing of notice to the  complainant does not arise as the complainant is not the member nor employee of KTPS to question the proper authority and it is in between employees of KTPS and with its Superior Authority and complainant is having no right  to interfere  with the affairs of them.   There is no contract between the complainant and Opposite Parties to claim deficiency of service etc., nor the complainant is entitled to claim any relief from the Opposite Parties and prayed to dismiss the complaint.

 

4.      On behalf of Opposite Parties no documents filed. 

 

5.      Along with this complaint the Petitioner/Complainant filed I.A.No.44/2016 praying to permit him to play the shuttle court game in Indore Stadium at KTPS, Paloncha.  Even after receipt of the notice, the Respondents/Opposite Parties failed to file Counter on 09-06-2016, on hearing of the petitioner/complainant this Forum allowed the petition, directing the Respondent/Opposite Parties to permit the Petitioner/complainant to play shuttle game in Indore Stadium, KTPS, Paloncha by collecting the requisite fee until further orders.

 

6.       Upon perusing the material available on record, now the point that arose for consideration is,

1. Whether there is any deficiency of service on the part of Opposite Parties?
2. To what relief?

 

POINT NO.1:

          It is the case of the complainant is that he has deposited an amount of Rs.40,000/- towards deposit and also regularly paying Rs.600/- for (3) months as a guest player and he is participating since (8) years, according to the complainant (in 12^th and 13^th March,2016).  The Opposite Parties permitted some KTPS employees for conducting on 12^th and 13^th of March,2016, which is  against the norms of the club and the said persons collected huge amounts from the public for conducting tournament and misappropriated and misused the funds.  For that the complainant made a representation on  14-03-2016 to the Opposite Parties.  According to the complaint the Opposite Parties  issued a circular dated:29-04-2016 and placed in the notice board of Indore Stadium stating that non-employees of KTPS (Outers) are not allowed to play in TRC  Indore Shuttle as per the instructions of CE/KTPS/O&M and for further details and for permission, contact the Chairman of TRC Indore Club, Paloncha.  According to the complainant, the Opposite Parties without following norms and without going notice issued instructions, resting to all non-employees of KTPS (outers) to play in TRC Indore Shuttle Court is illegal as such the complaint approached the Forum for redressal.

 

          From the documents and material available on record, it is observed that the complainant is a member/guest player of TRC Indore Stadium Shuttle Court and he is regularly playing in the Court by paying the player charges.  The Opposite Parties in their Counter admitted all the contentions submitted by the complainant, even the representation made by him.  The Opposite Parties also admitted that the Chief Engineer of Opposite Parties appointed an Enquiry Officer and as on the date of filing of the Counter i.e. on 09-06-2016, the enquiry is under process.  But they failed to file the report and also the Opposite Parties admitted that the circular dated:29-04-2016 placed in the notice board at Indore Stadium.  In view of the above facts and circumstances we are of the opinion that it is a clear case of deficiency in service on the part of Opposite Parties against the complainant, who is even though said to be a guest player, he is a Consumer under Consumer Protection Act and he is entitled to play in TRC Indore Shuttle Court as such this point is answered accordingly in favour of the complainant.

 

POINT NO.2

 

7.      In the result, the complaint is allowed in part, directing the Opposite Parties Nos.1 and 2 to allow the complainant to participate/ as guest player in TRC Indore Stadium by collecting the maintenance of guest fee fixed by the Authorities, and also Opposite Parties are directed to pay an amount of Rs.2,000/- towards deficiency in service, damage and costs of the complaint.  The Opposite Parties are directed to comply the order within one month from the date of receipt of this order, failing which the amount shall carry interest @9% per annum.  

 

            (Dictated to the Stenographer, transcribed by her, corrected and pronounced by us in the open Forum, on this the  27^th day of June,2018.)

                                                                                       

 

 

                                               

                   Member                           President

                                                          District Consumer Forum, Khammam.

 

 

APPENDIX OF EVIDENCE

WITNESSES EXAMINED:-

For Complainant                                                    For Opposite parties  

       None                                                                          None

 

 

 

 

 

 

DOCUMENTS MARKED:-

For Complainant                                                    For Opposite parties

 

Ex.A1:-	is the photocopy of membership receipt dated:01-02-2016 for an amount of Rs.600/- for the month of 2 to 4.
Ex.A2:-	is the photocopy of membership receipt dated:01-09-2015 for an amount of Rs.600/- for the month of 9 to 11.
Ex.A3:-	is the photocopy of letter dated:          29-04-2016 of Telangana Power Generation Coop. Ltd., TRC Indore Shuttle Ground KTPS, Palvancha.
Ex.A4:-	is the photocopy of letter dated:       14-03-2016 addressed by the complainant to the Opposite Party No.1.
Ex.A5:-	is the photocopy of broacher along with draw sheet of players.

 

 

 

 

                   Member                           President

                                                          District Consumer Forum, Khammam.