T.G.VASANTHA GUPTHA Vs. ADDAGALLA SESHAPANI
ANDHRA PRADESH STATE CONSUMER DISPUTES REDRESSAL COMMISSION
Click here to view full judgement.
MAMATA LAKSHMANNA, J. -
(1.) THIS appeal is filed by the
third opposite party in O.P. No. 323/1996 on the file of District Forum,
(2.) THE complaint was filed by one Addagalla Seshapani alleging that on 3.11.1996, he entered into a service contract with the opposite
parties. As per the contract, the complainant would pay Rs. 14,000/ - +
Rs. 8,000/ - and opposite parties have to grow Eucalyptus plantation.
Though the complainant paid the amount, the opposite parties did not act
as per the contract. They have to supply 75 Metric Tons of Eucalyptus
wood or pay Rs. 38,600/ - after expiry of 6 years at the option of the
complainant or to pay a sum of Rs. 48,600/ - in case the complainant
transferred the scheduled land in favour of the opposite parties. But
they neither paid the amount nor supplied the Eucalyptus wood, hence the
(3.) OPPOSITE parties 1, 2 and 3 appeared before the District Forum. Version was filed by opposite party No. 2, which was adopted by opposite
party No. 1. Opposite Party No. 3 also filed its version. Notice was not
served on opposite party No. 4 and no steps were taken. Even the order
copy sent to opposite party No. 4 returned unserved. The opposite parties
contended that the complainant was not a consumer and they denied all the
material allegations. Opposite party No. 3 stated that he was not a
director of first opposite party firm and as such he had not received any
money from the complainant and hence the question of entering into a
contract does not arise.
The complainant filed the relevant documents while the opposite
parties did not file any document in support of their case.
The District Forum on a consideration of the material on record came to the conclusion that there is deficiency in service on the part of
the opposite parties and accordingly directed them to pay a sum of Rs.
48,600/ - to the complainant with interest at the rate of 12 per cent per annum from 20.8.1992 till 21.12.1996 and subsequent thereto, after taking
re -transfer of the scheduled land in favour of the opposite parties with
costs of Rs. 500/ -.;
Copyright © Regent Computronics Pvt.Ltd.