IN THE COURT OF THE PRESIDENT, DISTRICT CONSUMER DISPUTES
REDRESSAL FORUM: BOUDH
C. Case No.50/2008
Nanda Bhukta, aged about 32 years,
S/O-Dukhu Bhukta, At-Pipalkata,
PO-Radhanagar, PS/Dist-Boudh……………Complainant.
-Versus-
1. Sarapanch, Mathura G.P.,
AT/PO-Mathura, PS/Dist-Boudh
2. Secretary, Mathura G.P.,
AT/PO-Mathura, PS/Dist-Boudh
3. Executive Officer, Mathura G.P.,
AT/PO-Mathura, PS/Dist-Boudh
4. Rajkishore Mishra,
Ex-Executive Officer, Mathura G.P.,
Now AAO in Khajuripada Block
AT/PO-Khajuripada Dist-Kandhamal
5. Nabei Charan Dehury,
Ex-Sarapanch, Mathura G.P.,
Now AT –Luharagadia
PO-Mathura, PS/Dist-Boudh…………………….Opposite Parties.
DATE OF INSTITUTION:- 04.06.2008.
Date of Final Order:-30.06.2009
Present:- Sri S.K.Mohapatra, M.A.LL.B., President.
And Sri. T.R.Agrawalla,LL.B.,Member
For the Complainant: – Sri N.k.Mishra and Asso
For the O. P. No-1: Sri S.C. Meher andSri B.C.Behera
For the O. P. No-2 and 4:Expartee
For the O.P.No.3: Sri S.K.Pradhan and Sri P. Bishi
For the O.P.No.5 :-Sri J.K. Sinha and Sri D.K. Sahoo
FINAL ORDER
Alleging unfair practice and deficiency in service the complainant filed this complaint against the O.Ps claiming Rs.1, 01,183/- with usual interest and Rs.5000/- towards his mental agony and cost of litigation from the O.Ps.
The history of the dispute in brief is that, the complainant being a bonafide village committee leader (VCL) was entrusted by Mathura G.P. to execute the work for improvement of PWD road, Landibandh to Bherubania road with a total estimating cost of Rs.2,00,000/-(two lakh) out of SGRY-11,2005-2006. Accordingly the G.P. issued the work order through Sarapanch on 18.09.2005 in favour of the complainant. During course of execution of work the G.P. has issued 112 quintal of rice @ Rs.630/- per quintal as per the advice of the Junior Engineer in charge of the work for payment of laborer. The rest of the amount meant for completion of the project work was spent by the complainant from his own pocket. However the work was completed by the complainant on 31.12.2005 and informed the authority after which the concerned J.E. measured and check measured the work which was noted in page no-163 to 171 and again in page no-175 to 177 vide memo no-11 and 12 dated 12.02.06 and 25.03.06 respectively. On subsequent stage the bill was prepared by the J.E. for Rs.1, 01,183/- after deducting the cost of rice of Rs.70,560/-and security, royalty etc. and further he recommended the G.P. for its payment to the complainant.
Accordingly the O.P.No.5 directed the O.P.No.2 and 4 to make necessary arrangement for payment of bill dues to the complainant, but the O.P.No.2 and 4 avoiding the payment with various fake pleas. Mean while the term of O.P.No.5 was completed and the O.P.No.1 present Sarapanch took charge Office from O.P.No.5 and O.P.No.4 transferred on promotion as A.A.O to Khajuripada Block of Kandhmal district. Prior to this as the payment was delayed the complainant personally meet the O.P.No.5 and hand over a letter for payment of the dues which was received by the O.P.No.5 with his seal and signature dated 25.02.2007. However the complainant approached the present Sarapanch along with O.P.No. 2 and 3 on 26.03.2008 but as they repudiate for the payment the present dispute was filed with the above claim.
After receive notice from this Forum the O.Ps were appeared except O.P.No.3 and 4 they are the Executive Officer and Ex-Executive Officer of Mathura G.P. However the notice have been sent to present place of posting of O.P.No.4 Rajkishore Mishra and in spite of that, he did not turned up. As such the dispute was heard in their absence after provided so many opportunities. The O.P.No.1, 2, and 5 advanced their counter in written, but not able to produced any document in support of their contention. On the other hand the complainant contended his case and filed the copy of work order and grievance petition dated 25.07.2007 submitted before the O.P.No.5 the Sarapanch of Mathura G.P. in whose order the work was executed by the complainant as a beneficiary and came forward to execute the work for the development of their VCL and as such he is treat as a consumer as per section-2(d) (ii) of C.P.Act and the O.Ps have primised to pay the dues to the complainant after completion of the said work.
Perused the complaint, its counter, contention advance by the parties, affidavit and documents filed by the complainant we came to the conclusion that, the work for which the present dispute was filed has been completed by the complainant and he is entitle to get the dues as per bill prepared by the J.E. concerned. But intentionally the Ex-Executive officer Rajkishore Mishra and the present G.P. staff O.P.No.1 to 3 held up the payment of the bill dues of Rs.1,01,183/- which is a genuine claim of the complainant in our observation. The O.P.No.5 as no more exercise the power of the G.P. as sarapanch he is nothing to do at this stage. Hence it is ordered.
ORDER
The O.P.No.1 to 3 are directed to pay the bill dues of Rs.1,01,183/- to the complainant within two months from the date of this order failing which all the O.Ps except the O.P.no-5 are liable to pay the interest upon the said amount @ 15% per annum from the date of filing of the dispute i.e. 04.06.08 till the date of its actual payment. The interest amount will be recovered from the O.P.No.1 to 4 personally as they have deliberately held up the dues payable to the complainant. The dispute is disposed up accordingly.
Given under our hand and seal of this Forum the 30th day of June,2009.
-s/d- -s/d-
Member President,
Dist. Consumer Disputes Dist. Consumer Disputes
Redressal Forum,Boudh Redressal Forum,Boudh