Kerala

Idukki

CC/238/2024

G Raj - Complainant(s)

Versus

Vandiperiyar gramapanchayath - Opp.Party(s)

03 Dec 2024

ORDER

DATE OF FILING : 26.11.2024

IN THE CONSUMER DISPUTES REDRESSAL COMMISSION, IDUKKI

Dated this the  3^rd  day of  December,  2024

Present :

SRI. C. SURESHKUMAR PRESIDENT

SRI. AMPADY K.S. MEMBER

CC NO.238/2024

     Between

Complainant  :        G. Raj, S/o. Jnanaprakasham,

Moonkalar,

Vandiperiyar.

        And

Opposite Party  :         The Secretary,   

Vandiperiyar Gramapanchayath.

 

O R D E R

 

SRI. C. SURESHKUMAR, PRESIDENT

 

1. This is a complaint filed under Section 35 of the Consumer Protection Act, 2019 (the Act, for short).  Case of complainant is briefly discussed hereunder :

 

Complainant is a member of ‘Mahatma Gandhi Desheeya Gramina Thozhil Urappu’ Scheme.  He owns 1 acre and 50 cents of property in Sy. No.86 of Periyar Village.  There was a well in the property. For the purpose of farming, Complainant wanted to dig a pond in the place where well was situated.  For this, he had given an application to opposite party, namely, Vandiperiyar Gramapanchayath, represented by its secretary.  Application was allowed.  Construction of pond was included in Mahatma Gandhi Thozhil Urappu Padthathi.  Work was estimated to cost  Rs.2,71,002.28/-.  Work had commenced in 2022-23.  40% of work was completed.  At that time, several false complaints were filed against complainant and therefore opposite party had stopped the work.  Site was inspected by Peerumade Tahsildar and he had directed to strengthen the walls of pond so as to make it safe.  A report was filed by him to this effect on 14.11.2023.  Work had commenced again.  Subsequently, a large rock was discovered at the place where pond was being dug.  A sum of Rs.3,80,000/- expended for breaking  and removing it.  Though amount sanctioned was Rs.2,71,002.28/-, till date actual allotment is only Rs.33,237/-. Complainant had approached opposite party for completion of work.  Since the work allotted was of the year 2021-22, opposite party stated that it cannot be completed in the current financial year.  Complainant had then filed a complaint on 20.9.2024, before Ombudsman.  Ombudsman had after conducting a peripheral enquiry, dismissed the complaint.  Sanction of the work was given in 2021-2022.  It has been including in the muster roll period from 15.3.2024 till 31.3.2024.  Complainant seeks a direction against opposite party for completing the work as it was work ‘spill over’.  He also seeks Rs.15 lakhs as compensation from opposite party for the financial loss and mental agony caused to him.

 

2. Six documents relating to the work and also order of Ombudsman dated 4.9.2024 are produced.

 

We have gone through the complaint and documents. Considering nature of the claim involved, we have also heard the complainant.  Now the point which arises for consideration is :

 

• whether the complaint is maintainable or not ?

 

3. The Point :

 

Dispute is pertaining to completion of a work included in Mahatma Gandhi Desheeya Thozhil Urappu Padthathi.  Complainant does not have a case that he has expended anything for obtaining service of opposite party.  Allegation in the complaint do not reveal a consumer - service provider relationship between the complainant and opposite party.  That being so, complainant cannot be consider as a consumer as defined under Section 2(7) of the Act.  This complaint hence cannot be considered as one made under the Act.  Same is not maintainable before this Commission.  Point is answered accordingly.

 

In the result, this complaint is rejected.  Party to take back extra copies without delay.  

 

Pronounced by this Commission on this the   3^rd   day of December, 2024

 

    Sd/-

        SRI. C. SURESHKUMAR, PRESIDENT

    Sd/-

    SRI. AMPADY K.S., MEMBER

 

 

             Forwarded by Order,

 

 

         ASSISTANT REGISTRAR