Decided on February 19,2003

T.G.Vasantha Guptha Appellant


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, Kurnool.
(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 complaint.
(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/ -.;

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