Decided on September 26,2009

Municipal Secretary, Kannur Municipality, Kannur Appellant
K P Chanchalakshi And Ors Respondents


- (1.)THE appellant is the 1st opposite party in OP. 410/ 03 in the file of CDRF, Kannur. The appellant is under orders to pay a sum of Rs. 18000/ - with interest at 12% per annum from the date of complaint and Rs.5,000/ - as compensation and Rs. 500/ - towards litigation cost.
(2.)IT is the case of the complainant that she is a LP School Headmistress who is retired from service on 30.6.01. A sum of Rs. 25,000/ - was allotted for levelling the playground of the school under the Peoples planning Programme by the 1st opposite party/ appellant. As convenei of the scheme 25% of the amount was given to the complainant as advance. The work was completed but the balance amount of Rs. 18000 was not given to complainant. She was told that the cheque will be issued to the Headmaster of this school and it will be routed through the PTA. It was found that the cheque was sent to the Implementing Officer. 1st opposite party/Municipality has not taken any prompt action in the matter.
(3.)IN the separate versions filed by the opposite parties i.e. Municipality Secretary, Principal of the Government Vocational Higher Secondary School who is the implementing officer and the present headmaster of the LP School, it is stressed that the complaint is not maintainable as the complainant is not a consumer. It is contended by the 1st opposite party the amount was paid by way of treasury cheque on 30.3.02 to the 2nd opposite party after the expiry of more that 1 1/2 years. The cheque was returned mentioning that the cheque would not be encashed as there was treasury ban. There is no privity of contract between the complainant and the 1st opposite party. If the 2nd opposite party applies for the cheque the same will be issued.
The 2nd opposite party also filed version mentioning that atlast the cheque was returned from the treasury mentioning that there is no balance amount in the Municipality account. The 2nd opposite party taken all efforts to get the cheque encashed.

Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.